ML18017B589

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Notice of Receipt of Application for Facility Ol,Of Availability of Applicants Environ Rept,Of Consideration of Issuance of Facility OL & of Opportunity for Hearing
ML18017B589
Person / Time
Site: Harris  Duke Energy icon.png
Issue date: 01/15/1982
From: Miraglia F
Office of Nuclear Reactor Regulation
To:
Shared Package
ML18017B588 List:
References
NUDOCS 8202100483
Download: ML18017B589 (12)


Text

UNITED STATES OF AMERICA NUCLEAR. REGULATORY COMMISSION In the Matter of CAROLINA POWER

& LIGHT CNPANY and NORTH CAROLINA MUNICIPAL POWER AGENCY NUMBER 3.

Shearon Harris Nuclear Power Plant, Units 1

and 2

Docket Nos.:

50-400 50-401 NOTICE OF RECEIPT OF APPLICATION FOR FACILITY OPERATING LICENSES; NOTICE OF AYAILABILITYOF APPLICANTS'NVIRONMENTALREPORT; NOTICE OF CONSIDERATION OF ISSUANCE OF FACILITY OPERATING LICENSES; AND NOTICE OF'OPPORTUNITY FOR HEARING Notice is hereby given that the Nuclear Regulatory.Commission (the Commission) has received an application from Carolina Poser

& Light Company and. North Carolina Municipal Power Agency Number 3 (the applicants) for facility operating licenses to possess,

use, and operate. the Shearon Harris Nuclear Pover Plant, Units I and 2, two pressurized water nuclear reactors (the facility) located in Wake and Chatham
Counties, North Carolina, approximately sixteen miles southwest of Raleigh, North Carolina.

Each of the reactors is des'igned to operate at, a core power level of-2785 megawatts. thermal, with an equivalent net electrical output of approximately 900 megawatts each.

At the time that construction permits were issued for the Shearon Harris Nuclear Pow r Plant, there were four units to the facility.

Subsequently, by letter dated December 18, 1981, which transmitted the application for 'operating licenses, the applicants have stated that Units 3 and 4 of the facility have b'een cancelled.

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The applicants have als'o filed, pursuant to the National Environmental Policy Act of 1969 and the regulations of the Comnission in'10 CFR Part 51, an environmental

report, as part of its application.

The 'report, which discusses environmental considerations related to the proposed operation of the facility, is being made available at the State Clearinghouse, Division of Budget and l<anagement; Department of Administration, 116 West Jones

Street, Raleigh, North Carolina 27611 and at the Triangle J. Regional Council of Governments,':P.
0. Box 12276, Research Triangle Park, t/orth Carolina 27709; After the envi.ronmental report has been analyzed by the Commission's
staff, a draft environmental statement will be prepared:

Upon preparation

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of the draft environmental statement, the Commission will, among 'other things, cause to be published 'in the FEDERAL REGISTER, a notice of availability of the draft statement, requesting comments from interested persons on the draft statement.

The notice will also contain a statement to the effect that any comments of Federal agencies and State and local officials will be made available when received.

The draft environmental statement will.focus only on matters which differ from those previously discussed in the final environmental statement prepared in connection with the issuagce of the construction permits.

Upon consideration of comments submitted with respect to the draft environmhntal statement, the Commission's staff will prepare a

final environmental statement, the availability of which will be published in the FEDERAL REGISTER-

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The Commiss'ion will con'sider the issuance of facility operating licenses to Carolina Power 5 Light Company and North Carolina Hunicipal Power Agency Number 3, which would authorize the applicants to possess, use a'nd operate the Shearon Harris Nuclear.Power Plant, Units I and 2 in accordance with the provisions of the licenses and the technical specifications appended

thereto, upon: (1) the completion of a favorable safety evaluation of the application by the Commission's staff; (2) the completion of the environmental review required by the Commission's regulations in 10 CFR Part 51; (3).the receipt of a report on the applicants application for facility operating licensel by the Advisory Committee on Reactor Safeguards; and (4) a finding by the Commission that the application for the facility licenses, as
amended, complies with the requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations in 10 CFR Chapter I.

Construction of the facility was authorized by Construction Permit Nos.

CPPR-158 and CPPR-159 issued by the Commission on January 27; 1978.

The applicants have advised that construction will be completed by December 1984 and June 1988 for Units I and 2 respectively.

With regard to Executive Order 11988, Floodplain Management,. the Shearon Harris facility will have structures (or construction activities) located on the floodplain.

The subject of floodplain'management will be, discussed in the Commission's environmental statement referenced above.

By Commission Hemorandum and Order CLI-80-12, dated April 17, 1980 (ll NRC 514),

the Commission directed the staff to conduct a preliminary assessment of Carolina Power 5 Light Company on the issue of management qualifications for operation at the time that an application was tendered for operating licenses for the Shearon Harris facility, and to include the results of that assessment in the notice of opportunity for hearing under 10 CFR 2.105. "The staff has completed its preliminary assessment of this issue in accordance with the Comnission d'irection.

.It is recognized that the final organization to support and control plant operation may be somewhat different from that now described in the Shearon Harris Final Safety Analysis Report and as modified by changes now underway.

The staff will review the final organization and management of Carolina Pow r 8 Light Company as part of its detailed review of the Shearon Harris application and will report the results. of that review in the staff' safety evaluation report.

For now,

however, on the basis of the preliminary assessment, the staff has concluded that the proposed organization and management for operation of the'Shearon Harris facility, at both the corporate and plant levels, are acceptable.

A copy of Comnission Memorandum and Order CLI-80-12 and the staff' preliminary assessment of Carolina Power 5 Light Company on the issue of management qualifications are available for public inspection at the Commjssion' Public Document Room at 1717 H Street, N.W., Washington, D.C. and at the Wake County Public Library, 104 Fayetteville Street,

Raleigh, North Carolina 27601.

In addition, 'the licenses will not be issued until the Comnission h'as made the findings reflecting its review of the application under the Act, which will be set forth in the proposed licenses, and has concluded that the issuance of the licenses will not be inimical to the common. defense anl security or to the heal'th and safety of the public.

Upon issuance of the licenses, the applicants will be required to execute an indemnity agreement as required by Section 170 of the Act and 10 -CFR Part 140 of the Conmission' regulations.

By. February 26; 1982, the applicants may file a request for a h'earing with

'espect to issuance of the facility operating licenses.

By'ebruary 26, 1982 any person whose 'interest may be affected by this proceeding may file a petition for leave to intervene.

Requests for a hearing and petitions for leave to intervene.

shall be filed in accordance with the Commission' "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( s), the Commission or an Atomic Safety and Licensing Board,'esignated by the Commission or by the Chairman of of the Atom'ic Safety and Licensing, Board Panel, will rule on the request and/or petition and the Secretary of the Comnission, or designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.

As required by 10 CFR Section 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 perm'itted with particular reference to the folio'wing 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' 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 peti,tioner'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 his petition, but such an amended petition must satisfy the specificity requirements described above.

'ot later than fifteen

( 15 ) days prior to the first prehearing conference scheduled in 'the proceeding, a petitioner shall file a supplement to the

petition'o intervene which must include a list of the contentions which are sought to be litigate'd in the matter, and the bases for each contention set forth with reasonable specificity.

A petitioner who fails to f'ile such a

supplement which satisfies these requirements. with respect to at least one contention will not be permitted'o participate as a party.

A,request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, United States Nuclear Regulatory Comnission, Washington, D.'.

20555; Attention:

Docketing and Service Branch, or may be delivered to the Cooeission' Public Document

Room, 1717 H Street, N. W., Washirigton, D.

C. by February 26, 1982.

A copy of the petition must also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Commission, Washington, D.

C.

20555, and to Shaw, Pittman, Potts, and Trowbridge, 1800 M Street, H.

W. Washington, D. C. Attention:

George F. Trowbridge, attorney for

.the applicants.

Any requests for additional information regarding the content of this notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U. S. Nuclear Regulatory Conmission, Washington, D. C.

20555, Nontimely filings'f petitions for leave to intervene, amended petitions, supplemental petitions and/o'r requests for hearing will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to. rule on'he petition and/or
request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or

~ request.

That determination will be based upon a balancing of the factors. specified iz ]0 CFR Sections 2.714(a)(l)(i)-(v) and 2.714(d).

For. further details pertinent to the matters under consideration, see the application for the facility operating licenses, including the Final Safety Analysis Report and the Environmental

Report, dated December 18,
1981, which are available for public inspection at the Commission's Public Document
Room, 1717 H Street, N. M., Mashington, D.

C.

and at the Make County.Public Library, 104 Fayetteville Street,

Raleigh, Worth Carolina 27601.

As they become available, the following documents may be inspected at the'aboVe locations:

(1) the safety evaluation report prepared by the Commission's staff; (2) the draft environmental statement; (3) the final environmental

'statement; (4) the report. of the'dvisory Committee on Reactor Safeguards (ACRS) on the application for facility operating licenses; (5) the proposed facility operating licenses; and (6') the technical specifications, which will be attached to the'roposed facility operating licenses.

Copies of the. proposed operating licenses and the ACRS report, when avaW.able, may be obtained by request to the Director, Division of Licensing, Office of Nuclear -Reactor Regulation, U. S. Nuclear Regulatory Commission, Washington, D. C.

20555.

Copies of the Commission's staff safety evaluation report and final environmental statement, when available, may be purchased at

'current rates, from the National Techni'cal Information Service, Department of

Conmerce, 5285 Port Royal Road, Springfield, Virginia 22161.

FOR THE NUCLEAR REGULATORY CNNISSION Frank J.

i i li Chief Licensing Branch No.. 3 Division of Licensing Dated 'at Bethesda, maryland this 15th day of January, 1982

NOTICE OF OPPORTUNITY FOR PUBLIC PARTICIPATION IN PROPOSED NRC LICENSING. ACTION ON APPLICATION BY CAROLINA POWER AND. LIGHT COMPANY, ET AL FOR SHEARON HARRIS NUCLEAR POWER PLANT, UNITS 1

AND 2 The United States Nuclear Regulatory Commission is giving public notice that it is considering issuance of operating licenses to Carolina Power and Light Company and North Carolina Municipal Poser Agency Number 3

for'peration of the Shearon Harris Nuclear Power Plant, Units 1 and 2 located in Wake and Chatham Counties, approximately sixteen miles southwest of Raleigh, North Carol ina.

The notice provides that within 30 days after publication of notice in the FEDERAL REGISTER'on January 27, 1982, any member of the public whose interest may be affected by the proceeding may file a request for a public hearing in the form of. a petition for leave to intervene with respect to'hether operating licenses should be issued.

Petitions for leave to intervene must set forth the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect( s) of the subject matter of the proceeding as to which petitioner wishes to intervene.

Such petitions must be filed in accordance with the above-. reference FEDERAl REGISTER Notice and must be filed with the Secretary of the Comnission, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, Attention:

Docketing and Service Branch, by February 26, 1982.

A copy of the petition and/or request for hearing should be sent to the Executive Legal Director, U. S. Nuclear'Regulatory Commission,

..Washington, D. C.

20555, and to George F. Trowbridge, Esq.,

Shaw, Pittman, Potts and Trowbridge, 1800 M Street, N.

W. Washington, D.C.

20036, attorney for the applicants; Any questions or requests for 'additional information.regarding the content of this notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U. S. Nuclear Regulatory Commission>

Washington, D. C.

20555.

Not later than fifteen (15) days prior to the first prehearing conference s'cheduled in the proceeding, the petitioner shall file a supplement-to the petition to intervene which must include' list of,the contentions which are sought to be litigated in the matter, and the bases for each.

All petitions will be acted upon by the Commission or the Licensing Board, designated by 'the Commission or by the Chairman of the Atomic Safety and Licen-sing Board Panel.

Timely petitions will be considered to determine whether a hearing should be noticed or another appropriate order issued regarding the dispos'ition of the petitions.

In the event that a hearing is held and a person is permitted to intervene, that person becomes a party to the preceeding and has a right to participate fully in the conduct of the hearing.

for example, that person may present evidence,and cross-examine witn'esses.

A copy of the FEDERAL REGISTER Notice is available for public inspection at the Wake County Library, 104 Fayetteville Streeet,.Raleigh, North Carolina 27601 between the hours of 10:00 A.M. and 8:00 P.M., Mondays through Thursdays.and between 10:00 A.M. and 5:00 P.M.

on Fridays.

The Commission has arranged for other documents and correspondence relating to the licensing of these facilities to be kept at the same location.

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