ML16138A693
| ML16138A693 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 01/18/1990 |
| From: | Matthews D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML16138A694 | List: |
| References | |
| NUDOCS 9002060177 | |
| Download: ML16138A693 (5) | |
Text
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DUKE POWER COMPANY DOCKET NOS. 50-269, 50-270 AND 50-287 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to Facility Operating Licenses Nos. DPR-38, DPR-47 and DPR-55, issued to Duke Power Company (the licensee), for operation of the Oconee Nuclear Station, Units 1, 2 and 3, located in Oconee County, South Carolina.
By application dated January 22, 1988, the licensee requested amendments to the Technical Specifications to update the LOCA-Limited Maximum Allowable Linear Heat Rate (Figure 3.5.2-16) to reflect the B&W Owners Group Topical Report, BAW-2001P, "Low Pre-Pressure Fuel Rod Program."
Notice of Consideration of Issuance of Amendments and Opportunity for Hearing in connection with this action was published in the FEDERAL REGISTER on July 1, 1988 (53 FR 20196).
Subsequently, on October 9, 1989, the licensee supplemented its January 22, 1988 application to eliminate the 1000-2600 NWd/mtU burnup parameter.
A revised TS Figure 3.5.2-16 was submitted to reflect this change.
Prior to issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
9002060)177 900118 7
I l'1R ADOCK 0 5000269
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By February 26, 1990
, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility operating licenses and any person whose interest may be affected by this proceed ing and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 2C555 and at the Local Public Document Room located at the Oconee County Library, 501 West South Broad Street, Walhalla, South Carolina 29691. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; ard the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; dnd (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify
-3 the specific aspect(s) of the subject matter of the proceeding as to which petitioner wishes to intervene.
Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first pre hearing conference scheduled in the prcceeding, but such an anended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner shall provide a brief explanation of the bases of the cuntention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing.
The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the amendments under consideration.
The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will rot be permitted to participate as a party.
-4 Those permitted to intervene becorre parties to the proceeding, subject to ary limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to presert evidence and cross-examine witnesses.
A request for a hearing or a petitior for leave to intervene must be filed with the Secretary of the Commissicn, U.S. Nuclear Regulatory Commission, Vashington, DC 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, by the above date. Where petitions are filed during the last ten (IC) days of the notice period, it is requested that the petitioner promptly so inform the Commissicn by a toll-free telephcne call to Western Union at 1-(8CO) 325-60C (in Missouri 1-(800) 342-6700). The Western Uricn operator shculd be given Datagram Identification Number 3737 and the follcwing messace addressed to Cavid B. Matthews, Director, Project Directorate II-3: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Reculatory Commission, Washington, DC 20555, and tc 0. Michael McGarry, III, Bishop, Cook, Purcell & Reynolds, 1400 L Street, NW., Washington, DC 20005, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or recuests for hearirg will not be entertained absent a determination by the Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
-5 If a recuest for a hearing is received, the Commission's staff may issue the amendments after it ccmpletes its technical review and prior to the completion of any required hearing if it publishes a further rctice for public comment of its proposed finding cf no significant hazards consideration in accordance with 10 CFR 50.91 and 5C.92.
For further details with respect to this action, see the application for amendment dated January 22, 1988, as supplemented October 9, 1989, which is available for public inspection at the Commission's Public Document Room, 2120 L Street, NW., W1ashington, D.C. 20555, arid at the Local Public Document Room, Oconee County Library, 501 West South Broad Street, Walhalla, South Carolina 29691.
Dated at Rockville, Varyland, this 18th day of January 1990.
FOR HE NUCLEAR REGLATORY COMMISSION David B. Matthews, Director Project Directorate II-3 Division of Reactor Projects I/Il Office of Nuclear Reactor Regulation