ML17328A005
| ML17328A005 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 04/13/1989 |
| From: | Stefano J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17328A006 | List: |
| References | |
| NUDOCS 8904260375 | |
| Download: ML17328A005 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION INDIANA MICHIGAN POWER COMPANY DOCKET NO. 50-315 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Commission (the Commi'ssion) is considering issuance of an amendment to Facility Operating License No.
DPR-58 issued to the Indiana Michigan Power Company (the licensee),
for operation of the Donald C.
Cook Nuclear Plant, Unit No. 1, located in Berrien County, Michigan.
In accordance with the licensee's application for amendment dated October 14, and December 30, 1988, the proposed amendment to Technical Specifications will allow the D.
C.
Cook Unit 1 Nuclear Plant to operate with reduced temperatures and pressures to alleviate the stress corrosion cracking of the steam generator U-tubes of the type previously observed at D.
C.
Cook Unit 2.
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 May 5, I989, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating licenses 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 89'04260375 S90413 PDR ADOCK 050003i5 P
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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 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 pre-hearing 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 reason-able specificity.
Contentions shall be limited to matters within the scope of the amendments under consideration.
A petitioner who fails to file such a supple-ment 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, Mashington, DC 20555, Attention:
Docketing and Service Branch, or may be delivered to the Commission's Public Document
- Room, 2120 L Street, NW.,
Washington, DC, by the above date.
Mhere 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 Western Union at 1-800-325-6000 (in Missouri l-800-342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Theodore R. 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, NW., Mashington, DC
~0037.
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
'residing 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 October 14, and December 30, 1988 which is available for public inspection at the Commission's Public Document
- Room, 2120 L Street, NW.,
- 20555, and at the Maude Preston Palenske Memorial Library, 500 Market Street, St.
- Joseph, Michigan 49085.
Dated at Rockville, Maryland, this /5 day of.A~~C FOR THE NUCLEAR REGULATORY COMMISSION p4LV Jo
- fano, c
ng Dir or Proj ct D'rector e III-1 Div sion f Re or Pr oj Specia rojects