ML19325D913
| ML19325D913 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 10/18/1989 |
| From: | Defayette R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19325D914 | List: |
| References | |
| NUDOCS 8910270156 | |
| Download: ML19325D913 (5) | |
Text
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7590-01 i
UNITED STATES NUCLEAR REGULATORY C0mlS$10N j
i TOLEDO E0l$0N CONFANY. ET AL, j
DOCKET NO. 50-346 NOTICE OF CONSIDERATION OF !$$UANCE OF.ANENDMENT 70 FACILITY OPERATING LICENSE AND OPPORTUNITY FOR NEARING The U.S. Nuclear Regulatory Comission (the Commission) is considering
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l 1ssuance of an amendment to Facility Operating License No. NPF-3, issued to Toledo Edison Company and The Cleveland Electric Illuminating Company
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(the licensee), for operation of the Davis-Besse Nuclear Power Station, Unit 1 l
located in Ottawa County, Ohio.
L The amendment would increase the response time requirement for the HighFlux/NumberofReactorCoolantPumpsOn(power / pumps)tripfunction l
of the Reactor Protection System provided in Table 3.3.2 of the Technical Specifications from.451 milliseconds to 631 milliseconds. This amendment t
application was dated February 21, 1989 and was supplemented by letters s
dated July 19, 1989 and Septe ser 1, 1989.
j Prior to issuance of the proposed license amendment, the Conussion l
1 will have made findings required by the Atomic Energy Act of 1954, as j
amended (the Act) and the Commission's regulations.
l By November 27, 1989
, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject l
facility operating license and any person whose interest may be affected by this proceeding and who wishes to particip&te as a party in the
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l-proceeding must file a written request for hearing and a petition for g o2g,1{f %.
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1 eave to intervene.
Requests for a hearing and petitions for leave to 1
intervene shall be filed in accordance with the Commission's ' Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Interested i
persons should consult a current copy of 10 CFR 2.714 which is available at the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. 20555 and at the, Local Public Document Room located at the University of Toledo Library, Documents Department, i
280: S ncroft Avenue Toledo, Ohio 43606.
If a request for a hearing or i
petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the reauest and/or petition; and the Secretary or the designated 1
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 t
intervention should Le 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
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property, financial,orotherinterestintheproceeding;and(3)the possible effect of any order which may be entered in the proceeding on l
the petitioner's interest. The petition should also identify the specific aspect (s) cf the subject n.atter of the proceeding as to which petitioner 1
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. wishes to intervene. Any person who ha: 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
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the first pre-hearing conference scheduled in the proceeding, but such an j
amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing f
conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene, which must include a list of the contentions 7
that are sought to be litigated in the matter.
Each contention must i
consist of a specific statement of the issue of law or fact to be raised or controverted.
In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which f
the petitioner intends to rely in proving the contention at the hearing.
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The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion.
Petitioner i
must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration.
The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement which i
satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
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Those permitted to intervene becose parties to the proceeding, l
Subject to any limitations in the order granting leave to intervene, and j
have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross examine witnesses, j
t A request for a hearing or a petition for leave to intervene must be l
filed with the Secretary of the Cossnission, U.S. Nuclear Regulatory
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Comission, Washington, D.C.
20555, Attention: Docketing and Service
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Branch, or may be delivered to the Cosnission's Public Document Room, i
2120 L 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 j
requested that the petitioner promptly so inform the Comission by a j
toll-free telephone call to Western Union at 1-8003256000(inMissouri 1-800-342-6700). The Western Union operator should be given Datagren Identification Number 3737 and the following message addressed to John N.
Hannon: petitioner's name and telephone number; date petition was mailed; i
plant n6ne; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the l
General Counsel, U.S. Nuclear Regulatory Coenission, Washington, D.C.
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20555, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts & Trowbridge, 2300 N Street, N.W., Washington, D.C.
20037, 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 Commission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
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5-If a request for hearing is received, the Commission's staff may issue the amendsent after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice p
for public cassent of its intent to make a no significant hazards consideration finding in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the application for amendment dated February 21, 1989 as supplemented by letters dated July 19,1989 and September 1, 1989, which is available for public inspection at the Comission's Public Docusent Room, 2120 L Street, N.W.,
Washington, D. C.
20555, and at the University of Toledo Library, Docurents Departnent, 2801 Bancrof t Avenue Toleco, Ohio 43606.
Dated at Rockville, Maryland, this 18th day of October,1989.
i FOR THE NUCLEAR REGULATORY COMMISSION h.
Robert W. DeFayette, Acting Director Project Directorate !!!-3 Division of Reactor Projects - Ill, IV, Y and Special Projects Office of Nuclear Reactor Regulation 4
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