ML17325A501
| ML17325A501 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 11/23/1987 |
| From: | Wigginton D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17325A500 | List: |
| References | |
| NUDOCS 8712040375 | |
| Download: ML17325A501 (5) | |
Text
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION INDIANA AND MICHIGAN POVER 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 Cotaoission) is considering issuance of an amendment to Facility Operating License No.
DPR-74, issued to Indiana and Michigan Power Company, (the licensee) for 1
operation of the Donald C.
Cook Nuclear Plant, Unit 2, located in Berrien
- County, Michi ga n.
The amendment would revise the provisions in the Technical Specifica-tions to extend 18-month surveillances from December 31, 1987 to the refuel-ing outage currently scheduled to begin in early 1988 for response-time testing for reactor trip and engineering safety features (ESF) instrumenta-tion; response testing of equipment to ESF signals; reactor vessel level indication calibration; auxiliary feedwater system testing, including channel functional testing of loss of main feedwater pump signal; and diesel generator testing, including relief valve testing and essential service water valve testing.
The licensee's application for amendment was dated October 28, 1987.
Prior to issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations.
8712040375 871'123 PDR ADOCK 0500031b P'
-PDR
By December 28,
- 1987, the licensee may file a request for a 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 participate as a party in the proceeding must file a written 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. 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, desig-nated 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 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 proceed-ing 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:
(I) the nature of the petitioner's right under the Act to be made a party to the pro-ceeding; (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 fifteen (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 fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supple-ment to the petition to intervene which must include a list of the conten-tions 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 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 Cotrmission, Washington, D. C.
20555, Attention: Docketing and Service Branch, or,may be delivered to the Comoission's Public Document
- Room, 1717 H 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 for the petitioner promptly so inform the Conmission by a toll-free telephone call to
4 Western Union at (800) 325-6000 (in Hissouri (800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Kenneth E. Perkins, Jr.: (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 Corrmission, Washington, D. C. 20555, and to Gerald Charnoff, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N. W.,
Washington, D. C.
20037, attorney for the licensee.
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 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).
For further details with respect to this action, see the application for amendment dated October 28, 1987, which is available for public inspection at the Commission's Public Document
- Room, 1717 H Street, N. W., Washington, D. C., and at the Haude Preston Palenski Memorial Library, 500 Harket Street, St. Joseph, Hichigan 49085.
Dated at Bethesda, Haryland this 23rd day of November 1987.
FOR THE NUCLEAR REGULATORY COHHISSION Fed David L. Wigginto, cting Director Project Directorate III-3 Division of Reactor Projects
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