ML19329F380
| ML19329F380 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/27/1978 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | OFFICE OF THE FEDERAL REGISTER |
| References | |
| NUDOCS 8006270431 | |
| Download: ML19329F380 (1) | |
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o UNITED STATES
- "c,3o NmJLEAR REGULATORY COMMISSIC,..
g WASHINGTON, D. C. 20585 f..-$f.f OPPICE OF THa A;_ril 27,1978 SECRETARY Director Office of the Federal Register National Archives and Records Service Washington, D.C.
20403
Dear S.ir:
Enclosed for publication in the Federal Register are an original and two certified copies of a document entitled:
CONSUMERS POWER COMPANY Docket Nos. 50-329/330 NOTICE OF AVAILABILITY OF APPLICANT'S ENVIRONMENTAL REFORT; NOTICE OF CONSIDERATION OF ISSUANCE OF FACILITY OPERATING LICENSES; AND NOTICE OF OPPORTUNITY FOR HEARING s.
.Please publish on Thursday, May 4, 1978.
This material is to be charged to requisition number D-149.
Sincerely, Samuel J. Chilk Secretary of the Cc mission'
Enclosures:
Original and 2 certified copies bcc:. Records Facility Branch Public Affairs THIS DOCUMENT CONTAINS Executive Legal Director P00R QUALITY PAGES Office of Congressional Affairs i
Office of the General Counsel SECY - C&R Branch g
UNITED STATES OF AMERICA NUCIEAR REGULA70RY COMMISSION In the Matter of
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Docket Nos. 50-329 CONSUMERS MWER CDMPANY
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and 50-330
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(Midland Plant, Units 1 and 2)
NCfrICE OF AVAILABILITY OF APPLICANT'S ENVIRONMENTAL RENRr; NOTICE OF CONSIDERATION OF ISSUANCE OF FACILITY OPERATING LICENSES; AND NOTICE OF OPPORIUNITY FOR HEARING Notice is hereby given that the Naclear Regulatory Comission (the Comission) has docketed the remainder of the application for facility operating licenses from consumers Power Company (the applicant) which would authorize the applicant to possess, use, and operate two light water nuclear reactors (the facilities), located on the applicant's site in Midland County, Michigan.
Each unit would operate at a core power level of 2452 megawatts thermal with a combined output of approximately 1300 megawatts electric.
In a' cordance with an exemption granted the applicant by the Comission c
on November 10, 1977, and pursuant to the National Environmental Policy Act of 1969, and the regulations of the Comission in 10 CFR Part 51, the applicant tendered his Environmental Report on March 1,1978. The Environ-mental Report was docketed on April 14, 1978. The portion of the application docketed by the Ct.unission on November 17, 1977, consisted of the Final Safety Analysis Report, which is currently undergoing review. A notice of receipt of this portion of the application was published in the FEEERAL REGISTER on March 3,197.8 (43 F.R. 8870). The Environmental Report, which discusses Boo 623076 3
9 4 environmental considerations related to the proposed operation of the facility is a ing made available at the Office of Intargovernmental Relations, Department of Management and Budget, Lewis Cass Building, Lansing, Michigan, for distribution to other State agencies that may wish to review the document.
After the Environmental Report has been analyzed by the Comission's Director of Nuclear Reactor Regulation or his designee, a Draft Environmental Statement will be prepared by the Comission's staff. Upon preparation of the Draf t Environmental Statement, the Comission will 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.
Upon consideration of coments subnitted with respect to the Draft Environmental Statement, the staff will prepare a Final Environmental Statement, the availability of which will be puolished in the FEDERAL REGISTER.
Tne Comission will consider tne issuance of facility operating licenses to Consumers Power Company which would authorize the applicant to possess, use and operate the Midland Plant, Units 1 and 2, in accordance with the provisions of the license and the technical specifications appended thereto, upon:
(1) the completion of a a favorable safety evaluation on the application by the Office of Nuclear Reactor Regulation; (2) the completion of the environmental review required by the Comission's regulations in 10 CFR Part 51; (3) the receipt of a report on the applicant's application for facility operating licenses by the Advisory Comittee on Reactor
. Safeguards; tad (4) a finding by the Commission 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.
Construction of the facilities was authorized by Construction Permits Nos. CPPR-81 and CPPR-82, issued by the Atomic Energy Comission on December 15, 1972. The applicant anticipates that construction of Unit 1 will be congleted by October 1,1982, and Unit.
2 by October 1, 1981.
Prior to issuance of any operating licenses, the Comission will inspect each facility to determine whether it has 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 mde the findings reflecting its review of the application under the Act and has concluded that the issuance of the licenses will not be inimical to the comon defense and security or to the health and safety of the public. As a condition to the licenses, the applicant will be required to execute an indemnity agreement as required by Section 170 of the Act and 10 CFR Part 140 of the Comission's regulations.
Within thirty (30) days from the date of publication of this notice
'in the FEDERAL REGISTER, the applicant may file a request for a hearing with respect to issuance of the facility operating licenses and any person whose interest may be affected by this proceeding may file a petition for leave to intervene. Requests fo/ a hearing and petitions for
4 leave to intervene shall be fi.'.ed in accordance with the Comission's
" Rules of Practice" in 10 CFR Port 2.
If a request for a hearing or I
petition for leave to intervene is filed within the time prescribed in this notice, 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 request and/or petition and l
1 the Secretary of the designated Atomic Safety and Licensing scard will issue.a notice of hearing or an appropriate order.
A petition for leave to intervene must be filed under oath or affirmation' in accordance with the provisions of 10 CFR S 2.714. As required in 10 CFR S 2.714, a petition for leave to intervene shall set forth the interest of the petitioner in the proceeding, how the interest may be affected by the results of the proceeding, and any other contentions of the petitioner including the facts and reasons why he should te 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 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. Any such petition shall be accompanied by 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
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. desires to intervene. A petition that sets forth contentions relating only to matters outside the jurisdiction of the Comission will be denied.
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 Comission's Public Document Room, 1717 H Street, N. W., Washington, D. C., by June 5,1978. A copy of the petition shoula also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, D. C. 20555, and to Michael I. Miller, Esq., Isham, Lincoln & Beale, Suite 4200, One First Naticinal Plaza, Chicago, Illinois, 60670, attorney for the applicant.
A petition for leave to intervene which is not timely will not be granted unless tne Comission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the petition 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 S2.714(a)ll)-(4) and S2.714(d).
For further oetails pertinent to the matters under consideration, see the application for the facility operating licenses dated August 29, 1977, and the applicant's Environmental Report dated March 1,1978, which are available for puolic inspection at the Comission's Puolic Document Room, 1717 H Street, N. W., Washington, D. C., and at the Grace Dow Menorial Library,1710 W. St. Andrews Road, Midland, Michigan 48640. As they become available, the following documents may be inspected at the above locations:
. (1) the Safety Evaluation Report prepared by the Office of Nuclear Reactor Regulation; (2) the Craft Environmental Statement; (3) the Final Environmental Statement; (4) the report of tne Advisory Comittee on Reactor Safeguards (ACRS) 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, U.S. Nuclear Regulatory Comission, Washington, D. C.
20555. Copies of the Comission'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 Commerce, 5285 Port Royal Road, Springfield, Virginia 22161.
l EOR TdE NUCLEAR REGUIMORY COMMISSION i
Critir.a! 0;ned by i
Stever. A.Wrga l
Steven A. Varga, Chief Light Water Reactors Branen 4 Division of Project Management Dated at Bethesda, Maryland, i
j this 17th day of April 1978 l
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