ML17265A351
| ML17265A351 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 06/24/1998 |
| From: | Vissing G NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML17265A352 | List: |
| References | |
| NUDOCS 9807060012 | |
| Download: ML17265A351 (9) | |
Text
7590-01-P UNITEDSTATES NUCLEAR REGULATORYCOMMISSION ROCHESTER GAS AND ELECTRIC CORPORATION DOCKET NO. 50-244 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTTO FACILITYOPERATING LICENSE PROPOSED NO SIGNIFICANTHAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DRP-18 issued to Rochester Gas and Electric Corporation (the licensee) for operation of the R. E. Ginna Nuclear Power Plant located in Wayne County, New York.
The proposed amendment would revise the Ginna Station Improved Technical Specifications (ITS) to reflect a planned modification to the spent fuel pool (SFP) storage racks.
Specifications associated with SFP boron concentration, fuel assembly storage, and maximum limit on the number of fuel assemblies which can be stored in the SFP would be revised.
The Commission had previously issued a Notice of Consideration of Issuance of an Amendment published in the FEDERAL REGISTER on May 12, 1998 (63 FR 26213). This notice contained the Commission's proposed determination that the requested amendment involved no significant hazards considerations, offered an opportunity for comments on the Commission's proposed determination, and offered an opportunity for the applicant to request a hearing on the amendment and for persons whose interest might be affected to petition for leave to intervene.
Due to oversight, the May 12, 1998, Notice of Consideration of Amendment did not provide notice that this application involves a proceeding on an application for a license amendment falling within the scope of section 134 of the Nuclear Waste Policy Act of 1982.
Such notice is required by the Commission's regulations, 10 CFR 2.1107.
98070600i2 980624 PDR ADOCK 05000244 P
The Commission hereby provides such notice that this is a proceeding on an application for a license amendment falling within the scope of section 134 of the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C. 10154.
Under section 134 of the NWPA, the Commission, at the request of any party to the proceeding, must use hybrid hearing procedures with respect to "any matter which the Commission determines to be in controversy among the parties."
The hybrid procedures in section 134 provide for oral argument on matters in controversy, preceded by discovery under the Commission's rules and the designation, following argument of only those factual issues that involve a genuine and substantial dispute, together with any remaining questions of law, to be resolved in an adjudicatory hearing.
Actual adjudicatory hearings are to be held on only those issues found to meet the criteria of section 134 and set for hearing after oral argument.
The Commission's rules implementing section 134 of the NWPA are found in 10 CFR Part 2, Subpart K, "Hybrid Hearing Procedures for Expansion of Spent Fuel Storage Capacity at Civilian Nuclear Power Reactors" (published at 50 FR 41662 dated October 15, 1985).
Under those rules, any party to the proceeding may invoke the hybrid hearing procedures by filingwith the presiding officer a written request for oral argument under 10 CFR 2.1109. To be timely, the request must be filed within ten (10) days of an order granting a request for hearing or petition to intervene.
(As outlined below, the Commission's rules in 10 CFR Part 2, Subpart G continue to govern the filingof requests for a hearing and petitions to intervene, as well as the admission of contentions.)
The presiding officer must grant a timely request for oral argument.
The presiding officer may grant an untimely request for oral argument only upon a showing of good cause by the requesting party for the failure to file on time and.after providing the other parties an opportunity to respond to the untimely request.
Ifthe presiding officer grants a request for oral arguinent, any hearing held on the application must be conducted in accordance with the hybrid hearing procedures.
In essence, those procedures limitthe time available for discovery and
require that an oral argument be held to,determine whether any contentions must be resolved in I'n adjudicatory hearing.
Ifno party to the proceeding timely requests oral argument, and ifall untimely requests for oral argument are denied, then the usual procedures in 10 CFR Part 2, Subpart G apply.
By July 30, 1998, the licensee, ifit wishes to invoke the hybrid hearing procedures, may file a request for such hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to invoke the hybrid hearing procedures and to participate as a party in such proceeding must file a written request for a hearing and a petition for leave to intervene.
Requests for a hearing and a petition 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, and at the local public document room located at the Rochester Public Library, 115 South Avenue, Rochester, New York 14610.
~ Ifa request for a hearing and petition for leave to intervene seeking to invoke the hybrid hearing procedures in accordance with this notice 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, willrule on the request and petition; and the Secretary or the designated Atomic Safety and Licensing Board willissue a notice of hearing or an appropriate order.
Requests for hearing and petitions for leave to intervene that do not seek to invoke the hybrid procedures are not authorized by this notice and would be considered untimely.
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 followingfactors:
(1) the nature of the petitioner's right under the Act to be made party to the proceeding; (2) the nature and extent of the petitioner's property, financial, 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 petition should also identify 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 15 days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than 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.
ln addition, the petitioner shall provide a brief explanation of the bases of the contention 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 amendment under consideration.
The contention must be one which, ifproven, 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 willnot be permitted to participate as a
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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 participate fullyin the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
Ifa hearing is requested, the Commission willmake a final determination on the issue of no significant hazards consideration.
The final determination willserve to decide when the hearing is held.
Ifthe final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it Immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
Ifthe final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment..
Normally, the Commission willnot issue the amendment until the expiration of the 30-day notice period.
However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration.
The final determination willconsider all public and State comments received.
Should the Commission take this action, it willpublish in the FEDERAL REGISTER a notice of issuance and provide for opportunity for a hearing after issuance.
The Commission expects that the need to take this action willoccur very infrequently.
A request for a hearing and a petition for leave to intervene that seeks to invoke the hybrid hearing procedures in accordance with this notice must be filed with the Secretary of the Commission, U.S, Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, by the above date.
A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to Mr. Nicholas S. Reynolds, Winston & Strawn, 1400 L Street, NW., attorney.for the licensee.
Untimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing willnot 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)(l)-(v) and 2.714(d).
For further details with respect to this action, see the application for amendment dated March 31, 1997, as supplemented June 18, 1997, October 10, 1997, October 20, 1997, November 11, 1997, December 22, 1997, January 15, 1998, Januaiy 27, 1998, March 30, 1998, April23, 1998, April27, 1998, May 8, 1998, and May 22, 1998, which are available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at the local public document room located at the Rochester Public Library, 115 South Avenue, Rochester, New York 14610.
Dated at Rockville, Maryland, thisp4ghday of June 1998; FOR THE NUCLEAR REGULATORYCOMMISSION Guy S. Visslng, Senior roJeot Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor, Regulation
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