ML19276G818
| ML19276G818 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 07/17/1979 |
| From: | Silver R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19276G817 | List: |
| References | |
| NUDOCS 7908280168 | |
| Download: ML19276G818 (4) | |
Text
/ 3llFU-VI UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-155 CONSUMERS POWER COMPANY 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-6, issued to Consumers Power Company (the licensee), for operation of the Big Rock Point Plant (the facility) located in Charlevoix County, Michigan.
The amendment as proposed would allow the addition of three racks with a closer center-to-center spacing of spent fuel assemblies in the facility's spent fuel pool with a resultant increase in the storage capacity from 193 to 441 fuel assemblies.
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 August 22, 1979, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding may file a request for a hearing in the form of a petition for leave to intervene with respect to the issuance of the amendment to the subject facility operating license.
Requests for a' 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 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 zt7 3 G i(.\\
sJI 2008280 M
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. 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 petitior 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 satisfythe specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing 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, gnd the bases for each contention set forth with reasonable specificity.
Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such
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' 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 opportunity 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 ComisWn's public Document Room,1717 H Street, N. W., Washington, 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 inform the Commission by a toll-free telephone call to Western Union at (800)-325-6000.
The Western Union operator 'should be given Datagram Identification Number 3737 and the following message addressed to Dennis L. Ziemann:
petitioner's name and telephone number; date petition was mailed; plant name; 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 Commission, Washington, D. C.
20555, and to Judd L. Bacon, Esquire, Consumers power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, attorney for the licensee.
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, 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 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 fw 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)-(v) and
$2.714(d).
For further details with respect to this action, see the application for amendment dated June 26, 1979, and the supporting safety and environmental analyses submitted by the licensee's letter dated April 23, 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 Charlevoix public Library, 107 Clinton Street, Charlevoix, Michigan 49720.
Dated at Bethesda, Maryland this 17th day of July,1979.
R THE NUCLEAR REGULATORY COMMISSION b Q 'M Richard D. Silver, Acting Chief Operating Reactors Branch !2 Division of Operating Reactors 0041 360
.