ML17255A554

Notice of Consideration of Conversion of Provisional OL & Opportunity for Hearing.Petitions to Intervene Due by 840131

ML17255A554
Person / Time
Site:	Ginna
Issue date:	12/02/1983
From:	Cole R, Grossman H, Luebke E Atomic Safety and Licensing Board Panel
To:
References
79-427-07-OLA, 79-427-7-OLA, ISSUANCES-OLA, NUDOCS 8312060159
Download: ML17255A554 (10)

Text

NOTICE OF OPPORTUNITY FOR PUBLIC PARTICIPATION IN PROPOSED HRC LICENSING ACTION FOR CONVERSION OF ROCHESTER GAS 8

ELECTRIC CORPORATION'S PROVISIONAL OPERATING LICENSE FOR R.E.

GIHNA NUCLEAR PLANT The U.S. Nuclear Pegulatory Commission (the Commission) is considering issuance of a full-term operating license to Rochester Gas and Electric Corporation (the applicant), for operation of the R.E.

Ginna Nuclear Power

Plant, located on Lake Ontario, klayne County, Hew York.

By January 31, lg84, any person whose interest may be affected 'by the issuance of the full-term operating license for the subject facility and who wishes to parti ci pate as a party

"'. n the proceeding must file a written petition 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 Oomestic Licensing Proceeding" in 10 CFR Part 2.

If a request for a hearing or petition for leave to intervene is filed by the above date, the Atomic Safety and Licensing Board presiding over the conversion proceed-ing will rule on the request and/or petition and will issue an appropriate order.

As required by 10 CFR 52.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceedinq, 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 followinq factors:

(1) the nature of the petitioner's right under the Atomic Energy Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's

property, financ'ial, or other interest in the proceeding; and (3) the possible effect

of any order which may be entered in the proceeding on the petitioner's interest.

The peti.ion should also identify the specific aspect(s) of the subject matter of the proceeding as to which,petitioner wishes to intervene.

k Any person who files a petition for leave to intervene may amend the petition without reauesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding to consider the new petitions to inter'vene, but such an amended pet'.tion must satisfy the specifici

.y requirenents described above.

Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding to consider the new petitions to intervene, 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, and the bases for each 'contention set forth with reasonable specificity.

A petitioner who.fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.

Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participa'te fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.

A request for a hearing or petition for leave to intervene must be filed with Herbert Grossman, Administrative Judge, Chairman of the Ginna Atomic Safety and Licensing Board, U.S. Nuclear Regulatory Coneission, llashington, D,C.

20555, ATTENTION:, Docketing and Service. Branch, nr may be delivered to the Commission's Public Document

Room, 1717 H Street,'.l%,

Washington, D.C., by the above date.

A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission,

'ashington, D.C.

20555, and to Harry H. Voi.gt, Leboeuf, Lamb, Lieby 8

HacRae, 1333 New Hampshire Avenue, N.ll., Suite 1100, Nashington, D.C.

'20036, attorney for the applicant.

Nontimely filings of petitions or leave to intervene, amended petitions, supplemental petitions and/or requests for hearing filed pursuant to this notice will not be entertained absent a determination by the Atomic Safety and Licensing Board that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.

That deter-mination will be based upon a balancing of the factors specifi'ed in 10 CFR 52.714(a)(1)(i)-(v) and 2.714(d).

For further details with respect to this action, see the-(1) applicant's application for conversion of Provisional Operating License No.

DPR-18 to a

full-term operating license, dated August 15, 1972 and applicant's environ-mental report which is part of the application; (2) the Draft Environmental Statement, dated April 1973; (3) the Final Environmental Statement, dated December 1973; (4) the Environmental Evaluation, dated June 17, 1983; (5) the Integrated Plant Safety Assessment Report (NUREG-0821), dated December 1982 and IPSAR Supplement No.

1, dated August 1983; and (6)

NRC Staff's Safety

.Evaluation Report (NUREG-0944), dated October 1983.

In addition, the history of the plant's operations is set forth in the Integrated Plant Safety Assess-ment Peport (NUREG-0821),

dated Decembe>

1982, Section 1.4 and Appendix F.

An itemization of ma,d'or NRC requirements which did not exist at the time of ihe original application is in "Conversion of Provisional Operating Licenses

to Full-Term Licenses,"

SECY-83-19, dated Januarv 17, 1983, at Tables 4

through 6.

Exemptions from the HRC's regulations granted to the facility have previously been noticed in the Federal Reqister and are as follows:

relief from certain in-service inspection requirements, 42 FR 31201, June 20, 1977; exemption from certain emergency core'cooling system require-

ments, 43 FR 15813, April 14, 1978; revision of in-service inspection relief, 46 FR 29576, June 2,

)981 and exemption from certain annual emergencv planning exercise requirements, 48 FR 13299, dated l1arch 30, 1983.

Items (1) - (6) noted above as well as SECY-83-19 are available for public inspection at the Commission's Public Document, 1717 H Street, N.l%,

Washington, D.C.,

and at the Rochester Public Library, 115 South Avenue, Rochester, Hew York 14627.

A request for a hearing or petition for leave to intervene must be filed with Herbert Grossman, Administrative Judge, Chairman of the Ginna Atomic Safety and Licensing Board, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, ATTENTION:

Docketing and Service Branch, or may be delivered to the Commission's Public Document

Room, 1717 H Street, N.W.,

Washington, D.C., by the above date.

A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, and to Harry H. Voigt, Leboeuf, Lamb, Lieby 5

MacRae, 1333 New Hampshire

Avenue, N.W., Suite 1100, Washington, D.C.

20036, attorney for the applicant.

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and have the opportunity to participate fully in e

conduct of the hearing, including the opportunity to present evi nce and cross-examine witnesses.

A request for a aring or petitÃon for leave to intervene must be filed with Herbert Grossman, Admi strative Judge, Chairman of the Ginna Atomic Safety and Licensing B a, U.S.

Nuclear Regulatory Commission, Washington, D.C.

20555, TTENTION:

ocketing and Service

Branch, or may be delivered to the Commission's ublic Document Room

',1717 W Street, N.W.,

Was ington, D.C by the abo date.

A copy of the petition should also be sent to the Executive L

al

Director, U.S.

Nuclear Regul tory Commission,.

Washington, D.C.

20555,.and to Harry H. Voigt,

LeBoeuf, Lamb, Lieby 8

MacRae, 1333 New Hampshi

Avenue, N.W.,

S ite 1100, Washington, D.C.

20036, attorney for the appli nt.

Nontimely filings of petitions for leave to intervene, amended petitions,'upplemental petitions and/or requests for hearing filed pur-suant to this notice will not be entertained absent a determination by l

the Atomic Safety and Licensing Board that the petitioner has made a

substantial

'showing of good cause for the granting of a'ate petition and/or request. 'hat determination will be based upon a balancing 'of the factors specified in 10 C.F.R.

$ $ 2.714(a)(l)(i)-(v) and 2.714(d).

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For further details with respect to this action, see the (1) appli-cant's application for conversion of Provisional Operating License No.

DPR-18 to a full-term operating 1 icense, dated August 15, 1972 and appl icant' environmental report whi ch is part of the application; (2) the Draft Environmental Statement, dated April 1973; (3) the Final Environmental Statement, dated December 1973; (4) the Environmental Evaluation, dated June 17, 1983; (5) the Integrated Plant Safety Assess-ment Report (NUREG-0821),

dated December 1982 and IPSAR Supplement No. 1, dated August 1983; and (6)

NRC Staff's Safety Evaluation Report (NUREG-0944),

dated October 1983.

In addition, the history of the plant's operations is set forth in the Integrated Plant Safety Assess-ment Report (NUREG-0821),

dated December

1982, Section 1.4 and Appen-dix F.

An itemization of major NRC requirements which did not exist at the time of the original application is in "Conversion of Provisional Operating Licenses to Full-Term Licenses,"

SECY-83-19, dated January 17,

1983, at Tables 4

through 6.

Exemptions from the NRC's regulations granted to the facility have previously been noticed in the Federal

~Re ister and are as follows:

relief from certain in-service inspection requirements, 42 Fed.

Rece.

31201, June 20, 1977; exemption from certain emergency core cooling system requirements, 43 Fed.

~Re 15813, April 14, 1978; revision of in-service inspection relief, 46 Fed.

~Re

29576, June 2, 1981; and exemption from certain annual emergency planning exer-cise requirements, 48 Fed.

~Re

13299, dated March 30, 1983.

Items (1) - (6) noted above as well as SECY-83-19 are available for public inspection at the Commission '

Publ ic Document

Room, 1717 H Street, N.W., Washington, D.C.,

and at the Rochester Public Library, 115 South Avenue, Rochester, N.Y. 14627.

THE TOMI S AFETY AND L CENSING BOARD 1c ar o

ADMINISTRA IV JUDGE mmet L

e ADMINIS RAT VE DGE e

erat ross an, h irman ADM INISTRATIV JUDGE Dece 2, 1983,

Bethes, a yland.