ML19224A519
| ML19224A519 | |
| Person / Time | |
|---|---|
| Site: | New Haven |
| Issue date: | 02/05/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19224A518 | List: |
| References | |
| FRN-790205, NUDOCS 7903010005 | |
| Download: ML19224A519 (11) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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Docket Nos. STN 50-596 s
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and STN 50-597 New York State Electric
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and Gas Corporation and
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Long Is1and Lighting Company
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NYSE&G 1 and 2
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NOTICE OF HEARING OF APPLICATION FOR CONSTRUCTION PERMITS Fursuant to the Atcmic Energy Act of 1954, as amended (the Act),
and the regulations in Title 10, Code of Federal Regulation's, Part 50,
" Domestic Licensing of Produc' tion and Utilization Facilities," Part 51,
" Licensing and Regulatory Policy and Procedures for Environmental Protection," and Part 2, " Rules of Practice for Domestic Licensing Proceedings," notice is hereby given that a hearing will be held before an Atomic Safety and Licensing Board, to consider the application filed under the Act by the New York State Electric and Gas Corporation (NYSE&G) and the Long Island Lighting Company (LILCO), applicants, for construction permits for two pressurized water nuclear reactors designated as NYSE&G 1 and 2 (the facilities),, each of which will be designed to operate at a core power level of 3800 megawatts thermal, with an equivalent net electrical output of approximately 1250 megawatts. The proposed facilities are to be located on the New Haven site in the Town of New~ Haven, Oswe'go County, New York, cpproximately 9 miles east of the City of Oswego, 30 miles north of Syracuse, and 2 miles south of Lake Ont
'o.
790301cc< o 4i6 046
. This application has been docketed under one of the options of the s
Commissions standardization policy for nuclear power plants in accordance with Comnission regulations 10 CFR Part 50 Appendix N.
The application -
references the Combustion Engineering Standard Safety Analysis Report (CESSAR System 80), Docket No. 50-470. CESSAR System 80 received a-
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Pr.eliminary Cesign Approval (PDA-2) on December 31, 1975. This appli-
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cation also, references the Stone and Webster Engineering Corporation
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Standard Safety Analysis Repor.t (SWESSAR-Pl), Docket No. 50-495.
SWESSAR-P1 received a Pr,eliminary Design Approval (PDA-6) on August 18, 1916.
The hearing, which will be scheduled to begin in the vicinity of the site of the proposed facilities, will be conducted by an Atomic Safety and Licensing Board (Board), which has been designated by the Chairman of the Atomic Safety and Licensing Board Panel.
The Board consists of Dr. Oscar H. Paris, Member, Dr. Walter H. Jordan, Member, and Seycour Wenner, Esq., Chairman.
Pursuant to 10 CFR 5 2.785, an Atomic Safety and Licensing Appeal Ecard will exercise the authority and the review function which would otherwise be exercised and performed by the Commission. Notice as to the. membership of the Appeal Board will be published.in the FEDERAL s
REGISTER at a later date.
Upon ccmpletion by the Commission's staff of a favorable safety evaluation of the application and an environmental review, and upon
. receipt of a report by the Advisory Committee on Reactor Safeguards, the Director of Nuclear Reactor Regulation will consider making affirmative findings on Items 1-3, a negative finding on Item 4, and an affirmative finding on Item 5 specified below as a basis for the issuance of construction permits to the applicants.
In the event that a separate hearing is held with respect to a limited work authorization, Item. 6 below describes the matters for consideration.
Issues Pursuant to the Atomic Enercy Act of 1954 as Amended T.
'nhether in accordance with the provisions of 10 CFR 50.35(a):
( a)
The applicants have described the proposed design of the facilities including, but not limited to, the prinicpal archi-tectural and engineering criteria for the design, and have identified the major features or components incorporated therein for the protection of the health and safety of the public;,
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( b)
Such further technical or design information as may be required to ccmplete the safety analysis and which can reasonably be left for later consideration, will be supplica in the final safety analysis report; (c)
Safety features or components, if any, which require research-and development have been described by the applicants and the, applicants have identified, and there will be conducted a research and development program reasonably designed to resolve any safety questions associated with such features or compon-ents; and
/1/
fl '<i O 1
or i
/ (d) On the basis of the foregoing, there is reasonable assurance s
that (i) such safety questions will be satisfactorily resolved at or before the latest date stated in the application for completion of construction of the proposed facilities, and (ii) taking into consideration the site criteria contained
, in 10 CF,R Part 100, the proposed facilities can be constructed and.c;erated at the proposed location withcut undue risk to the health and safety.of the public.
2.
Whether the New. York, State Electric and Gas Corporation is technically qualified to design and construct the proposed facilities; 3.
Whether New York State Electric and Gas Corporation and Long Island Lighting Company are financially qualified to design and construct the proposed facilities; and 4.
Whether the issuance of permits for construction of the facilities will be inimical to the common defense and security or to the health and safety of the-public.
- ssue Dursuant tc National Environmental Policy Act of 1969 (NEPA)
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5.
Whether, in accordance with the requirements of 10 CFR Part 51, the construction permits should be issued as proposed.
s Issues Pursuant to 10CFR 2.761a (L imited Work Authorization) 6.
Pursuant to 10 CFR 2.761a, a separate hearing.and' partial decision by the Board on issues pursuant to NEPA and general site suitability 416 049
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/ and certain other possible issues may be held 'and issued prior to s
and separate from the hearing and dec sion on other issues.
In the event the Board, after the hearing, makes favorable findings on such.
issues, the Director of Nuclear Reactor Regulation may, pursuant to 10 CFR 50.10(e) authorize t'he applicants to conduct certain onsite work entirely at their own risk prior to completion of the remainder
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'of the pcoceeding.
In the event that this proceeding is not a contested proceeding, as cefined by 10 CFR 2.4(n), th~e Board will determine without conducting a de ncvo evaluation of the application:
(1) whether the application and the record of the proceeding contain sufficient information, the review of the application by the Commission's staff has been adequate to support the proposed findings to be made by the Director of Nuclear Reactor Regulation on Items 1-4 above, and to support, insofar as the Commission's licensing requirements under the Act are concerned, the issuance of the construction permits proposed by the Director of Nuclear Reactor Regulation; and (2) whether the NEPA review conducted by the Comnission's staff has been adequate.
In the event that this proceeding becomes a contested proceeding,'the s
Board will consider and initially decide, as issues in this proceeding, I ems 1-5 above as a' basis for determining whether construction permits should be issued to the applicants.
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416 050
- With respect to the Commi;sion's responsibiities under NEPA, and s
regardless of whether the proceeding is' contested or uncontested, the Board will, in accordance with 10 CFR 551.52(c):
(!) determine.whether the requirements of Section 102(2)(A), (C), and (E) of NEPA and 10 CFR Part 51 have been complied with 'in this oroceeding; (2) independently consider the final balance among conflicting factors contained in the record
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cf the proceeding for the permits with a view to determining the appropriate action to be taken; and (3) determine af ter weighing the environmental, eccnomic, technical and cther, benefits against environmental anc other costs, and considering available alternatives whether construction permits shculd be issued, cenied, or appropriately conditioned to protect environ-rental val ues.
The Board will convene a prehearing conference of the parties, or their counsel, to be held subsequent to any required special prehearing conference, and within sixty (50) days after discovery has been completed or at such cther '.ime as the Board may specify, for the purpose of dealing with the 5ttcrs specifiec in 10 CFR s2.752.
The Board will set the time and place for any special prehearing,
ccnference, prehearing conference and evidentiary hearing, and the respective
.ctices will be published in the FEDERAL REGISTER.
416 051
/ Any person who does not wish, or is not qualified to become a party
.; this proceeding may request permission to make a limited appearance
- ursuant to the provisions of 10 CFR @ 2.715. A person making a limited appearance may make an oral or written statement of position on the issues.
A limited appearance may be made at any session of the hearing or at any prehearifig conference subject to such limits and conditions as may be M;osed by the Board.
Persons desiring to make a limited appearance are rer,uested to inform the Secretary of the Commission by APRIL 10, 1979.
Any person whose interes't may be affected by the proceeding, who wishes to participate as a party in the proceeding must file a written petition, t.nder oath or affirmation, for leave to intervene in accordance with the previsions of 10 CFR 52.714.
A petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding anc how that interest may be affec,ted by the results of the proceeding.
2e petition should specifically explain the reasons why intervention sr.culd be permitted with particular reference to the following factors:
,1) :ne nature of the petitioner's right under the Act to be made a party to the prcceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect cf 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 416 052
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' :erver.e.
Any ;erson who has filed a petition for leave to intervene cr 'nho has been admitted as a party may amend a petition, without prior a;;rtval of the presiding officer at any time up to 15 days prior to the.
holding of the first prehearing conference, but such an amended petic.on' cust satisfy tne specificity requirements described above.
A petition that sets forth contentions relating only to matters outside the jurisdic-i tien. cf the Ccamission will be denied.
Not li;er than fifteen (15) days prior to the first prdhear ing ccnference scheduled in ihe proceeding, the petitioner shall file a s.;;lement to the petition to intervene which must include a lis't of the cententions which are sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity.
A
- etitioner who fails to file such a supplement which satisfies these re
- uirements with respect to at least one contention will not be permitted
.c ;arcicipate as a party.
Tr.cse perritted to intervene become parties to the proceeding, s;;;ec: ::
any limitations in the order granting leave to intervene, and P.a.e the c;;cr: unity to present evidence and cross-examine witnesses s
hcr.tirely filings of petitions for leave to intervene,' amended peti icns, supplemental petitions and/cr requests for heiring will not 416 053
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! be entertained absent a detennination by the Comission, the presiding
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officer cr 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 the granting of a late petition and/or request.
That determination will be based upon a balancing of the factors specified in 10 CFR $2. 714 (a)(1)(i)-(v) and 82.714 (d).
An answer to this notice, pursuant to the provisions 'of 10 CFR 2.705 must be filed by the applicants by ?M CH 1, 1979.
A request for a hearing or a petition for leave to intervene shall be filed by im cH 12, 1979 with the Secretary of the Comm1ssion, United States Nuclear Regulatory Comission, Washington, D..C.
20555, Attention:
Docketing and Service Branch, or may be felivered to the Commission's Public Document Room 1717 H Street, N. W., Washington, D. C. by the above date. A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Ccmission, Washington, D. C.
- 20555, and to Roderick Schutt, Esq.,
Huber, Magill, Lawrence & Farrell, 99 Park Avenue, New York, New York 10016, attorney for the applicants.
Pending further urder of the Board, parties are r quired to file, pursuant to 'the provisions of 10 CFR s2.708, an original and twenty (20) conformed copies of each such paper with the Commission. Any questions or requests 416 054
10 for addi.tional information rqarding the content of this notice should be addressed t.o the Chief Hearing Counsel, Office cf the Executive Legal-Director, U. S. Nuclear Regulatory Cormiission, Washington, D. C.
20555.
For further details, see the application for construction permits dated Noverober 22, 1978 including site suitability information, and the applicants' Environmental Report, dated November 22,1978, which along with any amendments or supplements thereto, are or will be available for public inspection at the Commission's Public Docment Room,1717 H Street, N. W., Washington, D. C. between the hours of 8:30 a.m. and 5:00 p.m.
on weekdays. Copies of these docments will also be available at the s
Office of the Clerk of Oswego County Legislature, Oswego Ccunty Office Building, 46 East Bridge Street, Oswego, New York 13126 for inspecticn by members of the public between the hours of 9 a.m. and 5 p.m. on weekdays. As they become available, a copy of the Safety Evaluation Report by the Comission's staff, the Craft and Final Environmental Statements, the report of the Advisory Comittee on Reactor Safeguards (ACRS), tM proposed construction permits, the transcripts of the
- rehearing conferences and of the hearing, and other relevant documents, will also be available at the above locatiels.
Copies of the proposed construction permit; and the ACRS report may be obtained, when available, by request to the Director, Division of Project Management, U. S. Nuclear Regulatory Commission, Washington, D. C.
20555. Copies of the Commission's staff Safety Evaluation Report and Final Environmental Statement, when tl6 055
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! available, may be purchased at current rates, from the National Technical s
Information Service, Deparment of Comeice, 5285 Port Royal Road, Springfield, h
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Virginia ??l61.
Dated at Washington, D. C.
this 5th day of February,1979.
FOR THE NUCLEAR REGULATORY C0KMISSION,
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_t m Sm uel J. Chilk Secretary hf the Commission e
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