ML17326B496
| ML17326B496 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 11/18/1988 |
| From: | Quay T Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17326B497 | List: |
| References | |
| NUDOCS 8811280152 | |
| Download: ML17326B496 (7) | |
Text
7590"01 UNITED STATES NUCLEAR REGULATORY COMMISSION INDIANA MICHIGAN POWER COMPANY DOCKET NO. 50-316 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Commission (the Commission) is considering iss'vance of an amendment to Facility Operating License No.
DPR-74 issued to the Indiana Michigan Power Company (the licensee),
for operation of the Donald C.
Cook Nuclear Plant, Unit No. 2, located in Berrien County, Michigan.
In accordance with the licensee's application for amendment dated August 15, 1988, the amendment would revise Technical Specification section 3/4. 1, "Reactivity Control Systems."
The changes are necessary to accommodate the new steam line break analysis performed by Advanced Nuclear Fuels (ANF).
This
- analysis, published as ANF report No. NN-NF-87-31(P),
was transmitted to the Commission directly by ANF via their letter No.
GNW:047:87, dated May 29, 1987.
It was placed on the=Cook Nuclear Plant Unit 2 docket via the licensee's letter No.
AEP:NRC:0916D, dated June 15, 1987.
The changes fall into four categories, which are:
1.
Increase in the required shutdown margin; 2.
Additional time response testing requirements; 3.
Reduction in the lower limit for the moderator temperature coefficient; and 4.
Change to the description of the full steam flow function.
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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.
By ><<<m><<>7
~ 1988, 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 request for 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. 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, 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 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; 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 4
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 supplement to the petition to intervene, which must include a list of the contentions that 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 must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, A'ttention:
Docketing and Service Branch, or may be delivered to the Commission's Public Document
- Room, Gelman Building, 2120 L
- Street, NW., Washington, DC, by the above date.
Where petitions are filed during the last ten (10) days of the notice period, it is requested that the
petitioner promptly so inform the Commission by a toll-free telephone call to Mestern Union at 1-800-325-6000 (in Missouri 1-800-342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Theodore quay:
(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 Regulatory Commission, Mashington, DC
- 20555, and to Gerald Charnoff', Esq.,
Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NM., Washington, DC 20037.
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)(l)(i)-(v) and 2.714(d).
If a request for hearing is received, the Commission s staff may issue the amendment after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the application for amendment dated August 15, 1988, which is available for public inspection at the Commission's Public Document
- Room, Gelman Building, 2120 L Street, NM.,
- 20555, and at the Maude Preston Palenski Memorial Library, 500 Market Street, St.
- Joseph, Michigan 49085.
Dated at Rockville, Maryland, this 18th day of November 1988 FOR THE NUCLEAR REGULATORY COMMISSION Theodore quay, Acting Director Project Directorate III-1 Division of Reactor Projects III, IV, V 8 Special Projects 1
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