ML19263C645
| ML19263C645 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 01/26/1979 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19263C644 | List: |
| References | |
| NUDOCS 7902280412 | |
| Download: ML19263C645 (6) | |
Text
'
s _
_......,__,_,,,,m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of TEXAS UTILITIES GENERATING COMPANY
)
DALLAS POWER & LIGHT COMPANY
)
TEXAS ELECTRIC SERVICE COMPANY
)
Docket Nos. 50-445 TEXAS POWER & LIGHT COMPANY
)
50-446
)
(Comanche Peak Steam Electric Station, Units 1 and 2)
NOTICE OF AVAILABILITY OF APPLICANTS' ENVIRONMENTAL REPORT, 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 Comission) will consider the issuance of facility operating licenses to Texas Utilities Generating Company, Dallas Power & Light Company, Texas Electric Service Company, and Texas Power & Light Company (the applicants) which would authorize the applicants to possess, use, aild operate the Comanche Peak Steam Electric Station, Units 1 and 2, in accordance with the provisions of the license and the technical specifications appended thereto, upon: (1) the completion of a favorable safety evaluation on the application by the Commission'.s staff; (2) the completion of the environmental review required by the Comission's regulations in 10 CFR Part 51; (3) the receipt of the report on the applicants' application for facility operating licenses by the Advisory Cormittee on Reactor Safeguards; and (4) a finding by the Comission that the application for the facility licenses, as amended, complies with the requirements of the Atcmic Energy Act of 1954, as amended (the Act), and the Commission's regulations in 10 CFR Chapter I.
/A 79022804 4 A
. Notice of Receipt of Application for Operating Licenses was published in the FEDERAL REGISTER on May 12,1978 (43 F.R. 20583). Construction of the facilities, which are located in Somervell County, Texas, was authorized by Construction Permit Nos. CPPR-126 and CPPR-127, issued by the Commission on December 19, 1974.
Construction of Unit 1 is anticipated to be completed by August 1, 1981, and Unit 2 by August 1,1983.
The applicants have also filed, pursuant to the futional Environmental Policy Act of 1969 and the regulations of the Comaission in 10 CFR Part 51, an Environmental Report which discusses environmental considerations related to the proposed operation of the facilities.
The Environmental Report is being made available at the State Clearinghouse, Governor's Budget and Planning Office, Executive Office Building, 411 West 13th Street, Austin,
' Texas 78701, and the North Central Texas Council of Governments, P. O. Drawer C0G, Arlington, Texas 76011.
Af ter the Environmental Report has been analyzed by the Commission's staff, a Draft Environmental Statement will be prepared. Upon preparation 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 any matters which differ from those previously discussed in the Final Environmental Statement prepared in connection with the issuance of the
3
. constructicn permits. Upon consideration of comments submitted with respect to the Draft Environmental Statement, the Commission's staff will prepare a Final Environmental Statement, the availability of which will be published in the FEDERAL REGISTER.
Prior to issuance of any operating licenses, the Commission will inspect the facilities to determine whether they have been constructed in accordance with the application, as amended, and the provisions of the construction permits. In addition, the licenses will not be issued until the Comission has 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 and security or to the health 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 Commission's regulations.
By March 5, 1979, the applicants may file a request for a hearing with respect to issuance of the facility licenses and any person whose interest may be affected by this proceeding may file a petition for leave to intervene.
Requests for hearing and petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a request for a hearing or a petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman
' of the Atomic Safety and Licensing Board Panel, will rule on the request
O
. and/or petition and the Secretary of the Commission, or designated Atomic
~
Safety and Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFR &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 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 intevene. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without prior approval of the presiding officer at any time up to fifteen (15) days prior to the first prehearing conference scheduled in this proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, the 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. 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.
. A request for a hearing or a petitior, for leave to intervene must be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.C.
20555, Attention: Docketing and Service Section, or may be delivered to the Commission's Public Document Room,1717 H Street, NW, Washington, D.C., by March 5,1979. A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulavory Commission, Washington, D.C.,
20555, and to Nicholas S. Reynolds, Esq.,
Debevoise & Liberman, 120017th 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.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearings will not be entertained absent a determination by the Commission, 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 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 2.714(d).
For further details pertinent to the matters under consideration, see the application for the facility operating licenses dated February 27, 1978, and the applicants' Environmental Report dated January 1979, which are available for public inspection at the Commission's Public Document Room,1717 H
. Street, N.'d., Washington, D.C., and at the Sommervell County Public Library, On the Square, P. O. Box 417, Glen Rose, Texas 76043. As they become available, the following documents may be inspected at the above locations: -(l) 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 Advisory Committee on Reactor Safetguards on the application for facility operating licenses; (5) the proposed facility operating licenses; and (6) the technical specifications, which will be attached to the proposed facility operating licenses.
Copies of the proposed operating licenses and the ACRS report, when available, may be obtained by request to the Director, Division of Project Management, 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 Technical Information Service, Department of Comerce, 5285 Port Royal Road, Springfield, Virginia 22161.
FOR THE NUCLEAR REGULATORY COMMISSION fs
^
k b kC StevenA.Varqa. Chief \\(
Lignt Water deactors droncn No. 4 Division of Project Management Office of Nuclear Reactor Regulation Dated at Bethesda, Maryland, this 26th day of January 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of TEXAS UTILITIES GENERATING COMPANY
)
DALLAS POWER & LIGHT COMPANY
)
TEXAS ELECTRIC SERVICE COMPANY
)
Docket Nos. 50-445 TEXAS POWER & LIGHT COMPANY
)
50-446
)
(Comanche Peak Steam Electric Station, Units 1 and 2)
NOTICE OF AVAILABILITY OF APPLICANTS' ENVIRONMENTAL REPORT, NOTICE OF CONSIDERATION OF ISSUANCE OF FACILITY OPERATING LICENSES, AND NOTICE OF OPPCRTUNITY FOR HEARING Notice is hereby given that the Nuclear Regulatory Commission (the Comission) will consider the issuance of facility operating licenses to Texas Utilities Generating Company, Dallas Power & Light Company, Texas Electric Service Company, and Texas Power & Light Company (the applicants) which would authorize the applicants to possess, use, and operate the Comanche Peak Steam Electric Station, Units 1 and 2, in accordance with the provisions of the license and the technical specifications appended thereto, upon: (1) the completion of a favorable safety evaluation on the application by the Comission.'s staff; (2) the completion of the environmental review required by the Comission's regulations in 10 CFR Part 51; (3) the receipt of the report on the applicants' application for facility operating licenses by the Advisory Comittee on Reactor Safeguards; and (4) a finding by the Comission 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.
t 902280qlR
. flotice of Receipt of Application for Operating Licenses was published in the FEDERAL REGISTER on May 12,1978 (43 F.R. 20583). Construction of the facilities, which are located in Somervell County, Texas, was authorized by Construction Permit flos. CPPR-126 and CPPR-127, issued by the Comission on December 19, 1974. Construction of Unit 1 is anticipated to be completed by August 1, 1981, and Unit 2 by August 1,1983.
The applicants have also filed, pursuant to the flational Environmental Policy Act of 1969 and the regulations of the Comission in 10 CFR Part 51, an Environmental Report which discusses environmental considerations related to the proposed operation of the facilities.
The Environmental Report is being made available at the State Clearinghouse, Governor's Budget and Planning Office, Executive Office Building, 411. West 13th Street, Austin, Texas 78701, and the florth Central Texas Council of Governments, P. O. Drawer COG, Arlington, Texas 76011.
Af ter the Environmental Report has been analyzed by the Comission's staff, a Draft Environmental Statement will be prepared. Upon preparation 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 Statemen; will focus only on any matters which differ from those previously discussed in the Final Environmental Statement prepared in connection with the issuance of the
- construction permits. Upon consideration of coments submitted with respect to the Draft Environmental Statement, the Commission's staf f will prepare a Final Environmental Statement, the availability of which will be published in the FEDERAL REGISTER.
Prior to issuance of any operating licenses, the Commission will inspect the facilities to determine whether they have been constructed in accordance with the application, as amended, and the provisions of the construction permits. In addition, the licenses will not be issued until the Comission has 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 and security or to the health 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 Commission's regulations.
By March 5,1979, the applicants may file a request for a hearing with respect to issuance of the facility licenses and any person whose interest may be affected by this proceeding may file a petition for leave to intervene.
Requests for hearing and petitions for leave to intervene shall be filed in accordance with the Comission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a request for a hearing or a petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman
' of the Atomic Safety and Licensing Board Panel, will rule on the request
i and/or petition and the Secretary of the Commission, or designated Atomic
~
Safety and Licensing Board will issue a notice of hearing or an appropriate order.
As required by 10 CFR {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 permitted with particular reference to the following f actors:
(1) the nature of the petitioner's right unoer 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 intevene. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without prior approval of the presiding officer at any time up to fifteen (15) days prior to the first prehearing conference scheduled in this proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, the petitioner shall fi; 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. 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.
. A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.C.
20555, Attention: Docketing and Service Section, or may be delivered to the Commission's Public Document Room,1717 H Street, NW, Washington, D.C., by March 5,1979. A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.,
20555, and to Nicholas S. Reynolds, Esq.,
Debevoise & Liberman, 120017th 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.
Nontimely filings of petitions for leave to intervene, arended petitions, supplemental petitions and/or requests for hearings will not be entertained absent a determination by the Commission, 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 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 52.714(d).
For further details pertinent to the matters under consideration, see the application for the facility operating licenses dated February 27, 1978, and the applicant.;' Environmental Report dated January 1979, which are available for public inspection at the Commission's Public Document Room,1717 H
~
. Street, N.W., Washington, D.C., and at the Somervell County Public Library, On the Square, P. O. Box 417, Glen Rose, Texas 76043. 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 Advisory Committee on Reactor Safetguards on the application for facility operating licenses; (5) the proposec facility operating licenses; and (6) the technical specifications, which will be attached to the proposed facility operating licenses.
Copies of the proposed operating licenses and the ACRS report, when available, may be obtained by request to the Director, Division of Project Management, 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 Technical Information Service, Department of Comerce, 5285 Port Royal Road, Springfield, Virginia 22161.
FOR THE NUCLEAR REGULATORY C0tdISSION a
n k
Q (D.1 'C(
Steven A. Varga, Chief Light Water Reactors Branch No. 4 Division of Project Management Office of Nuclear Reactor Regulation Dated at Bethesda, Maryland, this 26th day of January 1979