ML19329C180
| ML19329C180 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 04/19/1973 |
| From: | Schwencer A US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML19329C178 | List: |
| References | |
| NUDOCS 8002120909 | |
| Download: ML19329C180 (6) | |
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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THE TOLEDO l'DISON COMPANY AND
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Docket No. 50-346 THE CLEVELAND ELECTRIC
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ILLUMINATING COMPAhT
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(Davis-Bessa Nuclear Pever Station )
NOTICE OF RECEIPT OF APPLICATION FOR FACILITY OPERATING LICENSE; NOTICE OF CONSIDERATION OF ISSUANCE OF FACILITY LICENSE AND NOTICE OF OPPORTUNITY FOR HEARING Notice is hereby given that the Atomic Energy Commission (the Commis-sion) has received an application for facility operating license from The Toledo Edison Co. and The Clavaland Electric Illuminating Co. (the
. applicant) to possess, use, and operate Davis-Besse Nuclear Power Station, a pressurized water nuclear reactor (the facility), located on the appli-cant's site on the southwestern shore of Lake Erie in Ottawa County, Ohio, at steady-state power levels not to exceed 2772 megawatts thermal.
The Commission will consider the issuance of a facility operating license to The Toledo Edison Co. and The Cleveland Electric Illuminating Co.
which wouid authorize the applicant to possess, use, and operate the Davis-Besse Nuclear Power Station, in accordance with the provisions of the license and the technical specifications appended thereto, upon the completion of a favorable safety evaluation on the application by the Commission's Directorate of Licensing, the completion of the environmental 8002yggygy
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-s review required by the Commission's regulations in 10 CFR Part 50, Appendix D, the receipt of a report on the applicant's application for a facility operating license by the Advisory Committee on Reactor Safe-guards, and a finding by the Commission that the application for the facility license, as acended, complies with the requirements of the Atonic Energy Act of 1954, as amended (Act), and the Co:nission's regu-lations in 10 CFR Chapter 1.
Construction of the facility was authorized by Construction Permit No. CPPR-80, issued by the Commission on March 24, 1971.
i Prior to issuance of any operating license, the Commission will inspect the facility to determine whether it has been c astructed in accordance with the application, as amended, and the provisions of Construction Permit No. CPPR-80. In addition, the license will not be issued until the Cocmfesion has =ade the findings, reflecting its review of the applicacica cader the Act which will be set forth in the proposed license, and has concluded that the issuance of the license will not be inimical to the common defense and security or to the health an'd safety of the public. Upon issuance of the license, the applicant w$11 be required to execute an inde=nity agreement as req _ ired by Section 170 of the Act and 10 CFR Part 140 of the Co=sissien's regulationa.
- a. The facility is subject to the provisions in 10 CFR Part 50, Appen-dix D for notice of opportunity for filing petitions for leave to intervene a' d requests for a hearing on environ = ental considerations n
related to issuance of the facility operating license.
Within thirty (30) days from the date of publication of this notice in the FEDERAL REGISTER, the applicant =ay file a request for a hearing, with respect to issuance of the facility operating license and any person whose interest =ay be affected by this proceeding may file a petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's. " Rules of Practice" in 10 CFR part 2.
If a request for a. hearing or petition for leave to intetvene is filed within the ti=a pr2 scribed in this noticc, the Commission or an atomic safety and licensing board designated by the Commission or by the Chair =an of the Atomic Safety and Licensing Board Panel will rule on the 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.
A petition for leave to intervene =ust be filed under oath or affirmation'in accordance with the provisions of 10 CFR 5 2.714.
As required in 10 CFR 5 2.714, a petition for leave to intervene shall set forth the interest of the petitioner in the procceding, how that interest may be affected by the results of the proceeding, and any
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other contentions of the petitioner including the facts and reasons why he should be permitted to intervene, 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 uther incursst in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. Any such petition shall be acco=panied by a supporting affidavit identifying the specific aspect or aspects of the subject matter of the proceeding as to which the petitioner wishes to intervene and setting forth with particularity both the facts pertaining to his interest and the basis for his contentions with regard to each aspect on which he desires to intervene. A petition that sets forth contentions relating only to matters outside the jurisdiction of the Co=21ssion will be denied.
A request for a hearing or a petition for leave to intervene =ust be filed with the Office of the Secretary of the Commission, United ~
States Atomic Energy Co==issi n, Washington, D.C. 20545, Attention:
Chief, Public. Proceedings Staff, or =ay be delivered to the Commission's Public Docu=ent Room, 1717 H Street, N.W., Washington, D.C., not later than thirty (30) days from the date of publication of this notice in the FEDERAL REGISTER. A copy of the petition and/or request should also be sent to the Chief Hearing Counsel, Office of the General Counsel,
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-5 U.S. Atomic Energy Commission, Washington, D.C. 20545 and to Gerald Charnoff, Esquire, Shaw, Pittman, Potts and Trowbridge, 910 - 17th Street, N.W., Washington, D.C. 20006, actorney for the applicant.
A petition for leave to intervene which is not timely will not be granted unless the Cccmission, the presiding officer, or the atomic safety and licensing board designated to rule on the petition and/or request determines that the petitioner has made a substantial showing of good cause for failure to file on time and after considering those factors specified in 10 CFR S 2.714(a) (1) - (4) and 5 2.714(d).
Por further details pertinent to the matters under consideration, see the application for the facility operating license, dated December 8,1972, as amended, and docketed March 30, 1973, and the Applicant's Environ = ental Report - Construction Permit Stage, dated August 3, 1970, as supplemented,
' July 6, 1972, and the Applicant's Environmental Report - Operating License Stage (which incorporates by referenca the earlier Environ = ental Report),
dated December 20, 1972, and docketed Xarch 30, 1973, which are available far public inspection at the Co= mission's Public Docu ent Room, 1717 H Street, N.W., Washington, D.C., and at the Ida Rupp Public Library, Port Clinton, Ohio 43452. As they become available the following docu-ments may',be inspected at the above locations:
(1) the safety evaluation prepared by the Directorate of Licenzing; (2) the Coc=1ssion's draf t detailed statement on environ =entnl eensiderations pursuant to 10 CFR Part 50, Appendix D; (3) the Commin 3a's final detailed statement on environ = ental considerations; (4) 2.d reporr of tha Advisory Cc :ittee on Reactor Safeguards on the applicction for facility operating licenses; O
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e (5) the proposed facility operating license; and (6) the technical specifi-cations, which will be attached co the proposed facility operating license.
Copies of items (1), (3), (4), and (5), when available, =ay be obtained by request to the Deputy Director for Reactor Projects, Direc-torate of Licensing, U. S. Atomic Energy Comission, Washington, D.C.
20545.
FOR THE ATCMIC ENERGY COMMISSION
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444f5445 A. Schwencer, Chief Pressurized Water Reactors No. 4 Directorate of Licensing DatedatBephesda, Mary [landd
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