ML19209A729

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Notice of Proposed Issuance of Amend to License DPR-40 Authorizing Increase in Power Level from 1420 Mwt to 1500 Mwt,Increased Use of Exxon Fuel for Cycle 6 Operation & Use of Exxon Nuclear Co Analytical Methods
ML19209A729
Person / Time
Site: Fort Calhoun Omaha Public Power District icon.png
Issue date: 08/30/1979
From: Reid R
Office of Nuclear Reactor Regulation
To:
Shared Package
ML19209A725 List:
References
NUDOCS 7910050292
Download: ML19209A729 (4)


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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-285 OMAHA PUBLIC POWER DISTRICT NOTICE OF PROPOSED ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No.

DPR-40, issued to Omaha Public Power District (the licensee), for operation of the Fort Ca.lhoun Station, Unit No.1 (the facility) located in Washington County, Nebraska.

In accordance with the licensee's application for amendment transmitted by letter dated July 17, 1979, the amendment would (1) authorize an increase in the current licensed power level frcm 1420 MWt to 1500 MWt, (2) authorize the use of fuel from Exxon Nuclear Company, I6c., for Cycle 6 operation, and (3) authorize the use of Exxcn riuclear Company, Inc. analytical methods.

Prior to issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.

By GCTOSER 3 373,, the licensee may file a request for a hearing with respect to issuance of the amencment 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 *.he proceeding must file a written petition for leave to intervene.

Requests for a hearing and petitions for leave to intervene shall be filed in accordance wi*h the Commission's

" Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.

If 1106 113 79100502 k

7590-01

. 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 Connission 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 52.714, 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 prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity re-quirements described above.

Not later than fifteen (15) days prior to the first prenearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which 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 i106 ii4

7590-01 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 opportuni.ty to present evidence and cross-examine witnesses.

A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Comission, United States Nuclear Regulatory Comission, Washington, D. C. 20555, Attention: Docketing and Service Section, or may be delivered to the Comission's Public Document Rocm,1717 H Street, N. W., Washingtcn, D. C. by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so infonn the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).

The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Robert W. Reid: (petitioner's name and telephone number); (date petition was mailed); (Fort Calhoun); and (publication date and page number of this FEDERAL REGISTER notice). A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Comission, Washington, D. C.

20555, and to Margaret R. A. Paradis, LeBoeuf, Lamb, Leiby and MacRae, 1757 N Street, N. W., Washington, D. C.

20036, attorney for the licensee.

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 Comission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for tne grantin of a

-4 7590-01 late petition and/or request. That determination will be based upon a balancing of the factors specifieo in 10 CFR 52.714(a)(i)-(v) and 52.714(d).

For further details with respect to this action, see the application for amendment transmitted by letter dated July 17, 1979, which is available for public inspection at the Comission's Public Document Room,1717 H Street, N.

W.,

Washington, D.

C., and at the Blair Public Library, 166S Lincoln Street, Blair, Nebraska.

Dated at Bethesda, Maryland, this 30th day of August 1979.

FOR THE NUCLEAR REGULATORY COMMISSION c[elw hkb v Y

- s s

Robert W. Reid, Chief Operating Reactors Branch #4 Division of Operating Reactors 1106 LL6

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