ML17328A501
| ML17328A501 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 10/12/1990 |
| From: | Pierson R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML17328A502 | List: |
| References | |
| NUDOCS 9010250260 | |
| Download: ML17328A501 (7) | |
Text
UNI1ED.STATES NUCLEAR REGULATORY COMMISSION INDIANA hil G HI GAN POKER GOMPANY DOCKET NO. 50-315 NOTICE OF.GOtlSIDERATIOh OF-ISSUAt'GE.OF AMEt(DMENT TO FACILI'TY.OPEPATINC.LIGEtlSE AND OPPORTUNITY FOR I.'EARItiC>
The Uriited States Vuclear Regulatory Connissiut> (the Conimission) is considering. issuance of an amendment to Facility Operatir>g Licet>se No. DPR-58, issued to the Ir>diar.a Nichigan Power Company (th>> liccrsee), f'r operation of Donald C.
Cook t<uclear Plant, Ur it No. 1, located in Berrien Courty, t>ichigan.
Tte an.ei>dment would allov. tt:e licensee to u:e stean. generator sleeves to repa'.r defective st ean eerie rator tubes.
The Technical Spec ificaiions currertly require all defective
- siear, get erat'or tubes to be plugged and rer,ove('rcn service.
Prior to issuance of the proposed license amendment, the Cone.issior> v;ill have n.ade findings required by the Atomic Energy Act of 1954, as amended (the Act) anc the Comniissior 's regulations.
By November 19, 199C, the licerisee r,ay file a request for a hearirig with respect to issuar>ce of the amendnient to the subject facility operating licerse and any person v.'hose interest niay be affected by this proceeding and v'ho wishes to participate as a party in the proceeding nust file a viritten request for hearing arid a petitior. fcr leave to intervene.
Requests for a hearing arid petitions for leave to intervene shall be filed in accordance witt; the Con'missicr>is "Rules of Practice fear Domestic Licet sing Proceedings" in 10 CFR Part.?.
Irteresteo persons sl.ovid ccr.suit a current copy of 10 CFR 2.714 90f02'50260
+50003 Pi>
,0>o>2, pop ADDCK 050 po P
which is available at the Conm~ission's Public Document Room, the Gelman Building, 2120 L Street, N.M., Mashington, D.C. 20555 and at the Local Public Document Room located at the Yaude Preston Palenske Memorial Library, 500 Narket Street, St. Joseph, Michigan 49085. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commiission or an'tomic Safety arid Licensing Board, designated by the Commission or by the Chairman of the Atoo'ic Safety arid Licensino Board Panel, will rule on the request and/or
- petition, and the Secretary or the designiated Atomic Safety and Licensing Beard will issue a notice cf hearing or an appropriate order.
As required by 10 CFR 2.714, a petitivr for leave to intervene shall set forth with particularity the iriterest of the petitioner in the proceeding and how that interest may be affectec'.
by the results of the proceedinc.
The petitior should specifically explain the reasons why intervention should be permitted wit[.
particular reference to the following factors:
(I) thE niature of the petitioner's right UcioE1 the Act to be race a party to the proceeding'2) the riature and extert cf the petitioner 's property, finarcial, or other interest in the proceeding; and (3) the possible effect of ary order which tray 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 petitior.er wishes to intervene.
Any person who has filed a petition for leave to intervene or who has beer admitted as a party may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first pre-hearirig confererice scheduled in the proceedirg, but such an amiended petitior must satisfy the specificity requirements described abcve.
Yct later than fifteen (15) days prior to the first prehearing conference scheduled iri the proceeding, a petitioner shall file a supplement to the pstitior
3 tc interverie, which must include a list of the contentions that are sought to be litigated iri the matter.
Each contention must corsist of a specific statemert of the issue of law or fact to be raised or controverted.
In addition, the petitioner shall provide a brief explariation of the bases of the coritention
/
and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitiorer intends to rely in proving the contentior> at the hearing.
The petitiorier must also provide references to those specific sources arid c'(curents of which the petitiorer is aware arid cn which the petitioner intends t~ reiy tc establish those facts 07 expert opinicri.
Petitiorer nust provide sufficient informatiori to show that a geruirie dispute exists with the applicart cr.
a material issue cf law'or fact.
Contentions shall be liaiteo to matters within the sccp~ uf the aa'endrert unde>
consideration.
The co>>1.e>>tion.must be one, which, if prover, would ertitle the petitiorer to re.ief.
A petitioner who fails tc file such a supplemerit which satisfies these requireaents with respect to at least one coritentio>> will rict be penriitted to participate as a
party.
Those permitted to i>>tervene become parties to the proceedirig, subiect to ary lin,itaticris iri the order granting leave to intervene, a>d have the opportunity to participate fully iri the conduct of the hearing, including the opporturiity to presert evidence arid cross-examirie witnesses.
A request for a hearing or a petition for leave to intervene miust be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Ra hingto>>, D.C.
P0555, Attention:
Docketing ard Service Pranch, or may be
delivered to the Commission's Public Document Room, 2120 L Street, N.R.,
Mashingtcn, D.C.
- 20555, by the above date.
Mhere petitions are filed during the last ten (IC) days of the notice period, it is reouested that the petitioner prcmptly so inform the Coarission by a tell-free telephone call to western Union at 1-800-325-6000 (iri Hissouri 1-SOO-342-6700).
The western Union.operator should be given Datagram Identificatior Number 3737 ard the following messaae ader<<ssed to Robert Pierson:
petitioner's name and telephone number; date.
petiticr was mailed; plant riame; and publication date arid page number of this FEDERAL REGISTER notice.
0 copy of the petition should alsc be sent tc the Cffice of the General
- Coursel, U.S. Nuclear Regulatory Ccmrission, Mashingtcn, D.C.
- 20555, and to Gerald Charnoff, Fsq.,
Shaw, Pittman, Potts arC Trowbridge, 23GO N Street, t:.h., Rashinaton, D.C.
200 7.
Ncntimely filinas Gf petitions fcr leave to intervere, amended petitions, supplemertal petitior s arid/or requests for hearing will rict be entertained absent a deteroir.ation by the Comsrission, the presiding officer or the presidirig Atomic Safety arC Licensing Eoard that the petition and/Gr request should be granted based upcr.
a balarcinig 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 amend@crt after it completes its techrical review and prior to the completion of any required hearing if it publishes a further notice for public coaxert of its proposed findirig of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.
Op C
" For further details with respect to this action, see the application for amendmerts dated June 27, 1990, which is available for public inspection at the CotrJrissicri's Public Document Room, 2120 L Street, N.M., Kashingtori, D.C.
- 20555, arid at the Yaude Prester, Paleriske Yiemorial Library, 500 Yarket Street, St. Joseph, Michigan 49085.
Dated at Rockville, Yaryland, this 12th day of October 1990.
FOR THE NUCLEAR REGULATORY CONVISSION Robert Piersor, Director Project Directorate III-1 Divisior; of Reactor Projects - III, IV, V 5 Special Projects Office, cf Nuclear Reactor Regulation