ML19329B686
| ML19329B686 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse |
| Issue date: | 03/08/1978 |
| From: | Office of Nuclear Reactor Regulation |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 8002060700 | |
| Download: ML19329B686 (1) | |
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NUCLEAR REGULATORY COMMISSION LEngle J
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I OELD March 8, 1978 Docket No. 50-346 I
l Docketing and Service Section
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Office of the Secretary of the Commission I
SUBJECT:
TOLEDO EDISON COMPANY AND CLEVELAND ELECTRIC ILLUMINATING COMPANY
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(DAVIS-BESSE NUCLEAR POWER STATION, UNIT 1) i Two signed onginals of the Federal Register Not;ce identified below are enclosed for your transmittal l
to the Office of the Federal Register for publication. Additionalconformed copies ( O )of the Notice are enclosed for your use.
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O Notice of Receipt of Application for Construction Permit (s) and Operating Ucense(s).
O Notice of Receipt of Partial Application for Construction Permit (s) and Factlity Ucense(s): Time for Submission of Views on Antitrust Matters.
f O Notice of Availability of Applicant's Environmental Report.
O Notice of Proposed Issuance of Amendment to Facility Operating Ucense.
l 0 Notice of Receipt of Application for Facility Ucense(s); Notice of Availability of Applicant's Environmental Report; and Notice of Consideration of Issuance of Facility License (s) and Notice i
of Opportunity for Heanng.
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l C Notice of Availability of NRC CraftFinal Environmental Statement.
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O Notice of Umited Work Authonzation.
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O Notice of Availabilit'/ of Safety Evaluation Report.
j O Notice cf !ssuance of Construction Permit (s).
O Notice of issuance of Facility Operating License (s) or Amendment (s).
E Other: NOTICE OF CONSIDERATION OF PROPOSED MODIFICATION TO I
FACILITY SPENT FUEL STORAGE FOOL (FOR PUBLICATION MARCH 15) t j
Mote: An advance copy is provided for the NRC PDR.
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I Office of Nuclear Reactor Regulation As Stated I
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m UNITED STATES NUCLEAR REGULA'IORY CCIO1ISSION DOCKET NO. 50-346
'IOLEDO EDISON CCMPANY AND CLEVELAND ELECTRIC ILLUMINATING CCMPANY DAVIS-BESSE NUCLEAR POWER STATICN, UNIT 1 NCTfICE OF CCNSIDERATION OF PROPOSED MODIFICATION 'IO FACILITY SPENT FUEL S'IORAGE K)OL The Nuclear Regulatory Comission (the Ccmission) is considering the issuance of a proposed amendment to Facility Operating License No.
NPF-3, issued to the Toledo Edison Company and Cleveland Electric Illuminating Company (the licensees), for the Davis-Besse Ndclear Power
. Station, Unit 1 (the facility) which would authorize a modification to the spent fuel storage pool. The facility is a pressurized water reactor located in Ottawa County, Ohio, and is currently authorized for operation at power levels up to 2772.aegawatts thermal.
The proposed amendment would authorize replacement of the existing racks in the spent fuel storage pool of the facility with high capacity spent fuel storage racks of a design capable of acconodating up to 735 fuel assemblies in accordance with the licensee's letter dated Dece:rber 19, 1977. Thereafter, the licensee would be able to operate the facility with this larger spent fuel storage capacity. The existing racks have a capacity for storage of 260 fuel assemblies.
Prior to approval of the proposed modification and license amendment, the Comission will have made the findings required ~cy the Atomic Energy Act of 1954, as amended (the Act), and the Comission's rules and p$[
regulations.
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2-APR 141978 the licensees may file a request for a By hearing 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 modification to the subject facility spent fuel storage pool. Petitions for leave to intervene must be filed under oath or affirmation in accordance with the provisions of Section 2.714 of 10 CFR Part 2 of the Comission's regulations. A petition for leave to intervene must set forth the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, and the petitioner's contentions with respect to the proposed action. Such petitions must be filed in accordance with the provisions of this FEDERAL REGISTER
. notice and Section 2.714, and must be filed with the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, D. C., 20555, Attention: Docketing and Service Section, by the above date. A copy of the petition and/or request for a hearing should be sent to the Executive Legal Director, U. S. Nuclear Regulatory Comission, Washington, D. C., 20555 and to attorneys for the licensees: Gerald Charnoff, Esquire, of Shaw, Pittman, Potts, and Trowbridge,1800 M Street, N. W., Washington, D. C., 20036 and Ieslie Henry, Esquire, of Fuller, Seney, Henry and Hodge, 300 Madison Avenue,
'Icledo, Ohio, 43604, attorneys for the licensee.
A petition for leave to intervene must be a&rmanied by a supporting affidavit which identifies the specific aspect or aspects of the proceeding as to which intervention is desired and specifies with particularity the facts on which the petitioner relies as to both his interest and his contentions with regard to each aspect on which intervention is requested.
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' Contentions shall be limited to the matters within the scope of the amendment under consideration. Petitions stating contentions relating l
only to matters outside the Comission's jurisdiction will be denied.
All petitions will be acted upon by the Comission or licensing board, designated by'the Comission or by the Chairman of the Atomic Safety and Licensing Board Panel. Timely petitions will be considered j
to determine whether a hearing should be noticed or another appropriate order issued regarding the disposition of the petitions. A petition for leave to intervene which is not timely will not be entertained absent a determination by the Comission or the licensing board designated to rule on petitions to intervene that the petitioner, in addition to the matters specified in 10 CFR S2.714(d), has made a substantial showing i
of good cause for failure to file on time. The. reasons for the tardiness l
in filing a petition for leave to intervene, as well as the factors specified in 10 CFR S2.714(a)(1)-(4), shall be considered in making a determination as' to whether there has been a substantial showing of good cause by the petitioner.
In the event that a hearing is held and a person is permitted to intervene, he becomes a party to the proceeding and has the right to participate fully in the conduct of the hearing. For exanple, he may present evidence and examine and cross-examine witnesses.
For further details with respect to this acticn, see the licensee's letter dated December 19, 1977, and other related material which is available for public inspection at the Comission's Public Document Room, e
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4-4 1717 H Street, N. W., Washington, D. C.
20555 and at the Local Public Document Room for the Davis-Besse Nuclear Power Station, Unit 1 located at the Ida Rupp Public Library, 310 Madison Street, Port Clinton, Ohio, 43452.
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Dated at Bethesda, Maryland, this 8th day of March 1978.
EOR THE NUCLEAR REGULATORY COMMISSION 2C-A
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F. Stolz, Chief
/jbight Water Reactor Projects Branch No.1 Division of Project Management i
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