ML17339A905
| ML17339A905 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 04/09/1980 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | ONCAVAGE, M. |
| References | |
| NUDOCS 8004210128 | |
| Download: ML17339A905 (20) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION o cappy.
USNRc APR Atomic Safet and Licensin Board 9 198g >
o fice of the Zecret Elizabeth S.
- Bowers, Chairman
, Docketing tk g<+
Dr. Emmeth A. Luebke, Member Dr. Oscar H. Paris, Member
'v In the Matter of
)
Docket Nos.
50-250-SP
)
50-251-SP FLORIDA POWER 6 LIGHT COMPANY '
(Proposed Amendments to Facility Operating License (Turkey Point Nuclear Generating
)
to Permit Steam Generator Unit Nos.
3 and 4)
Repairs)
ORDER RELATIVE TO MOTION TO AMEND CONTENTIONS Aprz Intervenor Mark Oncavage filed a "Motion to Amend Contentions" (Motion to Amend) on March 11, 1980, in which he requested that Contention 1 be amended out-of-time pursuant to 10 C.F.R.
g 2.714(a)(3).
The existing contention states that the National Environmental Policy Act or 10 C.F.R.
g 51.5 requires the preparation of an Environmental Impact Statement (EIS) prior
.to the-issuance of amendments to the Operating Licenses authorizing repair of the steam generators at Turkey Point Unit Nos.
3 and 4.
Intervenor asks that this contention be amended 'by the addition of Contention 1B, stated as follows:
The application of Florida Power and, Light for an amendment to its facility operating license involve a material alteration of a licensed facility which requires a construction permit to issue prior to the issuance of the amendment, which in turn requires the preparation of an environmental statement.
(Motion to Amend,
- p. 1).
~l 0
Responses to the Motion to Amend were submitted by the Licensee and the NRC Staff on March 26, 1980 and April 1,
- 1980, respectively.
Both noted that the language of the proposed amend-ment is ambiguous.
Licensee reads the motion to be seeking issuance of an EIS, on the additional grounds that the proposed steam generator repairs involve "a material alteration of a licensed facility which requires a construction permit to issue...".
- Staff, on the other hand, is uncertain whether the relief sought is issuance of an EIS or issuance of a Construction Permit (CP) pursuant to 10 C.F.R. 5 50.91.
Me, too, find the language of Contention 1B ambiguous, but we believe that a careful reading of the Intervenor's entire filing makes the true intent of his motion quite clear.
On p.
3 of the Motion to Amend, the scope of litigation that would be required for Contention 1B is compared with the scope of litiga-tion that vill be required for the existing Contention 1 (lA), and Intervenor suggests that "Contentions 1A and 1B can be heard together..."
because their subject matter is similar.
Additionally, in a discussion of hov the proposed amendment relates to his interests, Intervenor says:
In 'order to protect these interests Mr. Oncavage desires that the steam generator repairs at the. Turkey Point faci-lities be performed in a fashion that will have as little adverse impact as possible on the natural environment. *~
To the extent that the environment damage will be prevented.
by its disclosure in an Environmental Impact Statement~
Mr. Oncavage will be greatly affected by the preparation of an Environmental Impact Statement.
(Motion to Amend, p.
5)
4l 0
l
These and other statements in the motion convince us that Mr. Oncavage's fundamental concern is that an EIS be. pre-
- pared, not that a
CP is issued, prior to issuance of the requested license amendment.
Therefore we can focus our attention on the matter of the EIS and need'ot reach the question of whether a
CP is required.
Further, for reasons that are made apparent
- below, we also need not consider the question of the out-of-time filing of the "Motion to Amend Contentions".
As both Licensee and Staff have pointed out (and as the Intervenor may by. now already be aware),
the relief Mr. Oncavage seeks will be provided.
On March 4, 1980, the Commission issued an order requiring the NRC Staff to prepare an EIS-for the steam generator repairs at Surry Unit:1 [Vir inia Electric and Power
~Com an (Surry Nuclear Power Station, Units l and 2), CLI-80-4, 11 NRC (March 4, 1980) ],.
Subsequently, on March 6,
- 1980, the Staff informed us by letter that it intended to prepare an EIS in connection with the proposed steam generator repairs at Turkey Point Units Nos.
3 and 4.
.For the foregoing reason Intervenor's Motion to Amend is dismissed as moot.
~I'
4.
BY ORDER OF THE BOARD FOR THE'TONIC SAFETY AND LXCENSlNG BOARD WCa~ 4 Guv<4 Dated in Bethesda,
- Maryland, this 9th day of April., 1980.
Cl 1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COHNISSION Dorp ~
OSgp APR 9 ]g8O OftgD pf ~t ec'e Atomic Safet and Licensin Board Dpc)et~~
g 12Q o
Bie.
ce Docket Nos.
50-250-SP 50-251-SP (Proposed Amendments to Facility Operating License to Permit Steam Generator Repairs)
Elizabeth S.
- Bowers, Chairman Dr.
Emmeth A. Luebke, Member Dr. Oscar H. Paris, Member In the Matter of
)
)
FLORIDA POWER 6 LIGHT COMPANY
)
)
(Turkey Point Nuclear Generating
)
Unit Nos.
3 and 4)
)
Apri l
ORDER RELATIVE TO MOTION TO AMEND CONTENTIOHS Intervenor Mark Oncavage filed a "Motion to Amend Contentions" (Motion to Amend) on March 11, 1980, in which he requested that Contention 1 be amended out-of-time pu suant to 10
.C.F.R.
g 2.714(a)(3).
The existing contention states that the National Environmental Policy Act or 10 C.F.R. 5 51.5 requires the preparation of an Environmental Impact Statement (EIS) prior to the issuance'of amendments to the Operating Licenses authorizing repair of the steam generators at Turkey Point Unit Hos.
3 and 4.
Intervenor asks that this contention be amended by the addition of Contention 1B, stated as, follows:
The application of Florida'Power and Light for an amendment to its facility operating license involves a material alteration of a licensed facility which requires a construction permit to issue prior to the issuance of the amenament, which in turn requires the preparation of an environmental, statement.
(Motion to Amend,
- p. 1).
Responses to the Hotion to Amend were submitted by the Licensee-and the NRC Staff on Harch 26, 1'980 and A'pril 1,
- 1980, respectively.
Both noted that the language of the proposed amend-ment is ambiguous.
Licensee reads the motion to be seeking'ssuance of an EIS, on the additional grounds that the proposed steam generator repairs involve "a material alteration of a licensed facility which requires a construction permit to issue...".
- Staff, on the other hand, is uncertain whether the relief sought is issuance of an EIS or issuance of a Construction Permit (CP) pursuant to 10 C.F.R. 5 50.91.
We, too, find the language of Contention 1B ambiguous, but we believe. that a careful reading of the Intervenor's entire
'filing 'makes the true intent of his motion quite, clear.
On p.
3 of the Hotion to Amend, the scope of litigation that would be required for Contention lB is compared with the scope of litiga-tion that will be required for the existing Contention 1 (lA), and Intervenor suggests that "Contentions 1A and 1B. can be heard together..."
because their subject matter is similar.
Additionally, in a discussion of how the proposed amendment relates to his interests, Intervenor says:
In order to protect these interests Hr. Oncavage desires that the steam generator repairs at the Turkey Point faci-lities be performed in 'a fashion that will have as little adverse impact as possible on the natural environment.
To the extent that the environment damage will be prevented by its disclosure in an Environmental Impact Statement~
Hr. Oncavage will be greatly affected by the preparation of an EnvironmentaL Impact Statement.
(Hotion to Amend, p.
5)
0
,C A
These and other statements in the motion convince us that Mr. Oncavage's fundamental concern is that an EIS be pre-
- pared, not that a
CP is issued, prior to issuance of the requested license amendment.
Therefoxe we can focus our attention on the matter of the EIS and need not reach the question of whether a
CP is required.
Further, for reasons that are made apparent
- below, we also need no't consider the question of the out-of-time filing of the "Motion to Amend Contentions".
As both Licensee and Staff have pointed out (and as the I
Intervenor may by. now already be aware),
the relief Mr. Oncavage seeks will be provided.
On March 4,
- 1980, the Commission issued an order requiring the NRC Staff to prepare an EIS for the steam generator repairs at Surry Unit 1 [Vir inia Electric and Power
~Comoan (Surry Nuclear Power Station, Units l and 2), CL2-80-4, ll HRC (March 4, 1980) ].
Subsequently, on March 6,
- 1980, the Staff informed us by lettex that it intended to prepare an EIS in connection with the proposed steam generator repairs at Turkey Point Units Hos.
3 and 4.
. For the foregoing reason Intervenor's Motion to Amend is d sm'ssed as moot.
BY ORDER OF THE BOP~
FOR THE ATOMIC SAFETY AK)
LICENSING BOARD Csun'". PNv<4 E
xaza et S.
- Bowers, Chairma Dated in Bethesda, H"ryland, this 9th day of April, 1980.
~
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UNTTZD STALS O:- A<R1CA NUCL:"PR R"GiiL~TORY COMZSSiON Tn the Ma ter of
)
)
=LOR'ZDA PO'.Fr"R
>MD LIGHT CO.'~ANY
)
)
(Turkey Point, Units 3 and 4)
)
)
)
)
)
Docket No.(s)50-250SP 50-251SP
.CERTEPICATE 0:"
SZRVECE T hereby certify that I have this day served the'oregoing document(s) upon each pe-son designated on the official service 1'ist compiled by the Office o the Secretary of the Commission in this p oceeding in accordance vith the requirements of Section 2.7l2 of }0 CPR Part '2-Rules of Practice of the Nuclear Pegulztory Co
'ssion's Rules and Regulat ions.
Dated at Vashington, D.C. this
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PAP/j'~
WA~~M
-Office of ~th'e Secretary of the Commission
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FLOR1"h POWER
<'iD LE%":T CO.'~92~
(Turkey Point, Units 3 and 4)
)
)
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Docket.lo.(s) 50-250~~
50-251SP S:.R'C:. L ST Elizabeth S. Bowers, Esq.,
Chai~i an Atomic Safety and Licensing Board U.S. Nuclear Regulatory Cori~.ssion Washington, D.C.'0555 Y~.
Emmeth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Wash ngton, D.C.
20555 Dr. Oscar H. Paris AtomicsSafety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Hark 'P.
Oncavage 12200 Southwest 110th Avenue Miami, Florida 33176 Norman.A. Coll, Esq.
- Steel, Hector and Davis lL>00 S.E. First National Bank Building Miami, Florida 33131 Neil Chonin, Esq.
Law Offices of Neil Chonin, PEA.
New World Tower Bldg., 30th Floor 100 North Biscayne Boulevard
'~ Miami, Florida 33132 Counsel. Sar iXRC Staff Office of the Execut 've Legal Director U.S.
'.nuclear Regulatory Co~ssion Washington, D.C.
20555 Henry H. Harnage, Esq.
Peninsula Federal Bldg., 10th Floor 200 S.E. First Street Miami, Florida 33131 Florida Power and Light Company ATTN:
Dr. Robert E. Uhhig Vice President P.O.
Box 529100 lfiami, Florida 33152 Michael A. Bauser, Esq.
Lowenstein, Newman, Reis, Axelrad 6 Toil 1025 Connecticut Av nue, N.W.
Wasnington, D.C.
20036
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