ML17325A489
| ML17325A489 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 03/27/1987 |
| From: | Youngblood B Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17325A488 | List: |
| References | |
| NUDOCS 8712030221 | |
| Download: ML17325A489 (5) | |
Text
7590-01 UNITED STA"s'ES NUCLEAR REGULATORY COMMISSION INDIANA AND MICHIGAN ELECTRIC COMPANY DOCKET NO. 50-316 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR PRIOR HEARING The United States Nuclear Regulatory Commission (the Commission) fs considering issuance of an amendment to Facility Operating License No.
DPR-.74 issued to the Indiana and Michigan Electric Company (the licensee), for oper-ation of the Donald C.
Cook Nuclear Plant, Unit No.
2 located fn Berrien County, Michigan.
The amendment would add a license condition relating to the repair and replacement of the four steam generators fn accordance with the licensee's apolfcatfon for amendment dated March 12, 1987. as supplemented by earlier letter dated November 7, 1986, Prior to issuance of the proposed license amendment, the Coomfssfon will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
By
, the licensee may file a request for a hearing with respect to issuance af the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party fn the proceeding must file a written petition for leave to intervene.
Request for a hearing and pefftfons for leave to intervene shall be filed fn accordance with the Comfssfon's "Rules of Practice for Domestic Licensing Proceedings" fn 10 CFR Part 2. If a request for a hearing or petition for leave to intervene fs filed by the above date, 871203022i 870327) pDR
.ADOCN, 050003i6 p;
P~DR the Coomission 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 and the Secretary or the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appro-priate 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 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; 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 soecific 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 prehearing conference scheduled in the pro-
- ceeding, but such an amended petition must satisfy the specificity require-I ments described above.
Not later than fifteen (15) day) prior to the first prehearing conference I
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, and the bases for each contention set forth with reasonable specificity.
Contentions shall be limited to
matters within the scope of the amendment under consideration.
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 participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.
C.
20555, Attention:
Docketing and Service Branch, or may be delivered to the Commission's Public Document
- Room, 1717 M Street, N.W., Washington, D.
C. by the above date.
Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative of the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to B. J.
Youngblood: (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 General Counsel-Bethesda,'U.
S. Nuclear Regulatory Comoission, Washington, D. C.
- 20555, and to Gerald Charnoff, Esquire, Shaw, Pittman, Potts and Trowbridge, 1800 M Street, N. W., Washington, D. C. 20036, attorney for the licensee.
- 4 Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Cmmission, the presiding officer or the pre-siding 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).
For further details with respect to this action, see the application for amendment dated March 12, 1987 as supplemented by earlier letter dated November 7, 1986, both of which are available for public inspection at the Commission's Public Document
- Room, 1717 H Street, N. W., Washington, D.
C.
and at the Maude Preston Palenske Memorial Library, 500 Market Street, St.
- Joseph, Michigan 49085.
Dated at Bethesda, Maryland this 13 %ay of March 1987.
FOR TH NUCLEAR REGULATORY COMMISSION B. J Yo ngbloo, Director PWR roj ct Dir ctorate d4 Division of PWR Licensing-A