ML19332C225
| ML19332C225 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  |
| Issue date: | 11/15/1989 |
| From: | Butler W Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19332C226 | List: |
| References | |
| NUDOCS 8911270026 | |
| Download: ML19332C225 (7) | |
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UNITED STATES NUCLEAR REGULATORY C0$HIS$10N PURt.IC SEDVICE ELECTRIC AND GAS COWPANY DOCKET NO. 50-354 pT!CEOFCONSIDERATIONOFiSSOANCEOFAMEND*ENT70 FACILITY ODF#ATING LICENSE AND OPPORTUNITY FOR HEARING v
14 The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. NPF-57, issued to the Public Service Electric and Gas Company (the licensee), for ops! ration of the i
Hone Creek r-enerating Station located in Salem County, New Jersey.
The apolication for amen h ent is dated October 11, 1929.
The amendment would revise Technical Specification 5.6.3 to nermit the installation vf sufficient rack modules to bring spent fuel storage caoaci+v up to the original design value, i.e. to increase spent fuel storage capacity ftom the current limit of 1290 assemblies to 4006 assemblies.
Prior to issuance of the proposed license tysudment, the Comission will Fave mada 'incings required by the Atomic Energv Act of 1954, as amended (the Act) and the Comission's regulations.
Fiv December 22, 1989
. the licensee may file e request for a 1
heartrq with respect to issuance of the amendment to the subject facility operatine license and any person whose interest may be affected by this proceed-ing and who wishas to participate as a party in the proceeding must file a written request for a Fearing and a petition for leave to-intervene. Recuests for a hearino and petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFR ?.714 54 PDC.
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which is availeble at the Commission's Public Document Room, the Gelman Building, i
2120 L Street, N.W., Vashington, D.C. 20555 and at the Lccal Public Docu2 nt Ocom located at Pernsv111e Dublic Library,190 S. Broadway, Pennsville, New Jersey 08070,
!* a request for a hearing or pe+1 tion for leave to intervene is filed by +he above dete, the Commission or an Atomic Safety and Licensino toard, designated by the Commission er by the Chairman of the Atomic Safety and Licensing Coard Panel, will rule on the request and/or petitier; and the Secre+ary or the designated A+0mic Safe'y and Licensing Board will issue a notice of bearing or an appropriate order.
As required by 10 CFP 2.714, a pe+1 tion #or leave to intervene shall set
' orth with particularity the interes+ of the petitioner in the proceeding, and Fow that interest may be affected by the results of the proceeding.
The pe+4 tion should specifically explain the reasons why in+ervention should be permitted with par +1cular reference to +he following factors:
(1) the nature of the peti +1oner's righ+ under the Act to be made a par +y to the proceeding; (?' the nature and exten+. of the petitioner's property, financial, or other interest in the proceedinc; and /3' the possible effect of any order which may be en+ered in the s
preceeding on the petitioner's interest. The petition should also identi'y the specific aspect (s) of the subiect matter of the proceeding as to which t
peti +ioner 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 reques+4ng leave of the Board up to fifteen (15) days orior to the first pre-bearing conference scheduled in the proceeding, but such an amended peti +4cn must satisfy the specifici+y requirements described above.
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i Not later *han fifteen (15? days prior to the first prehearing conference 1
scheduled in the proceeding, a petitioner shall file a supplement to the petition
- o intervene which mus* include a lis+ cf the con +entions which ere sought to be litigated in the matter.
Each cor+ention must consist of a specific statement of the issue of law or fact +o be raised or controverted.
In addition, the petitioner shall provide a brief explanation of the bases of I
9 the conten+1on and a concise statement of the alleged facts er expert opinion which support the cer+ention and cn which the retitioner in+ ends to rely in proving +..e contention at the haaring. The petit.40ner must elso provide references to those specific sources and documen+s c' which the petitioner it aware and on which the petitioner intends to rely to establish these facts or j
expert opinion.
Petitioner must provide sufficient information +o shew that a l
genuine dispu'e exists with the applicant on a materiel issue of law or fac*.
l Cententions shall be limiter to matters within the scope of the amendmentt a
under cor.sidera+4on.
The contention must be one which, if proven, would erHtle the petitioner to relief. A petitioner who fails to file such a sunplement which satisfies these requirements with respect to at Seast one contentien will not he permitted to participate as a party, Those permitted to intervene become parties to the proceeding, subject to ary limitations in the order granting leave to in+ervene, and have the opportunity to participate fully in the conduct et the bearing, including the oppcrtunity
- o present evidence and cross-examine witnesses.
A reouest 'or a hearing or a petition for leave to intervene must be filed wi+b the Secretary of the Comission, U.S. Nuclear regulatory Comission, Washington, 0.0. 20555, At+ention: Docketing and Service Branch, or may be 4
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delivered to the Commission's public Document Room. 2120 L Street, N.W.
j b'ashington, 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 promptly so in#orm the Commission by a toll-free te. phone call to Western Union at 1-(800) 325-6000 (in Missouri 1-(800) 34?-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Walter R. Butler: petitioner's name and telephone number; date petition was mailed; plant name; and publication da*e and pace number of this 4
i FEDERAL REU STEo notice.
A copy of the petitinn should also be sent to the Office o' the General Counsel, U.S. Nuclear Regulatory Commission Washington, D.C. 20555, and to Conner and Wetterhahn,174 Pennsylvania Avenue, Washington, P
D.C.
?0006, attorney for the licensee.
Nontimely 'ilings o' petitions for leave to-intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Comission, the presiding officer or the presidino Atomic Safe +y 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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i If a request for a hearing is received, the Commission's sta#f may issue the amendment after it completes its technical review and prior to the completion o# any required bearing if it publishes a further notice for public coment of
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its proposed findirg of no significant hazards considera+fons in accordance wi+h 10 CFR 50.91 and 50.92.
The Commission hereby provides notice th.. this is a proceeding on an application for a license amendment fallino within the scope of section 13a o#
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i the Nuclear Waste Policy Act of In82 (NWPA), 4? U.S.C. 610154 Under section 134 of the NWPA, the Conenission, at the reouest of any party to the i
proceeding, must use hybrid bearing procedures with respect to "any matter which the Comission determines to be in controversy among the parties." The hybrid procedures in section 134 provide for oral argument on natters in i
controversy, preceded by discovery under the Comissice's rules, ar.d the designation, following argument, of only those factual issues that involve a nenuine and substantial dispute, tcgether with any remaining questions of law, to be resolved in an adjudicatory hearing.
Actual adjudicatory hearings are to be heiri on only those issues found to meet the criteria of section 134 and set for bearing after oral aroument.
The Commission's rules implementing section 134 of the NWPA are found in 10 CFR Part ?, subpart K, "Hvbrid Heering Procedures for Expansion of Spent j
Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors" (published at 50 FR 41662, October 15, 1085) 10 CFR 62.1101,e_t, sea.
Under those rules.
t any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written recuest for oral argument under 10 CFR 2.1109. To be timely, the request must be filed within ten (10) days of an order granting a recuest for hearing ne petition to intervene.
(As cutlined above, the Consnission's rules in 10 CFR Part 2, subpart G, and 62.714 in particular, continue to govern the filing of requests for a hearing or petitions to intervene, as well as the admission of contentions).
The presiding officer shall grant a timelv request for oral argument.
The presitiing officer may grant an urtimely reouest for oral argument only upon showing of good cause by the requesting party for the failure to file on time
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' and after providing the other parties an opportunity to respond to the untimely request.
If the presiding officer grants a request 'or oral argument, any hearing held on the application sh611 be conducted in accordance with the hybrid hearing procedures, in essence, those procedures limit the time available for discovery and require that an oral argumen+ be held to I
de+ ermine whether any conten+ ions must be resolved in an adjucicatory hearing.
If no party +o the proceeding reauests oral argument, or if all untimely requests for oral argument. are denied, then the usual procedures in 10 CFR Part 2, subpart G apply.
For further de+ ails with respect to this action, see the application for amendment dated October 11, 1989, which is available for public inspection at the Commission's Public Document Room. 0120 L Street, N.W., Washington, D.C.
20555, and at the Local Dublic Document Room, Penneville Public Library,190 S.
Broadway, Pennsville, New Jersey C8070.
Da+ed at Pockville, Marylanti, this 15th day of November 19P9.
FOR THE tilfCLEAR DEGULATORY COMMISSION r
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.. ff' s Wal+er D. Butler, Director pro,1ect Directorate I-0 Division of Reactor Projects I/I)
O'fice of Nuclear Reac+or Degulation i
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and after providing the other parties an opportun4*y to respond to the untirnely request.
If the presiding officer grants a request for oral argument, any hearing held on the application shall be conducted in accordance with the hybrid hearing procedures.
In essence, those procedures limit the tirre available for discovery and reouire that an oral argument be held to 1-determine whether any contenthns must be resolved in an ddjudicatory hearing.
If ne party to the proceedin0 requests oral argument, or if all untimely reques+s #0r oral argument are denied, then the usual procecures in 10 CFR Part 2, subpart A apply.
For further details with respect to this action, see +he application for amendment dated October 11, 1989, which is availaole for public inspection at the Commission's Public Document Room, 2120 L Street, N.W., Washington, D.C.
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?0555, and at the local Public Document Room, Perrrville Public Library,190 S.
Broadway, Pennsvili, idew Jersey 08070.
e Dated at Rockville, Maryland, this 15th day of Novesber 1989.
FOR THE NUCLEAR REGULATOPY COMMISSICN
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Walter R. Bu+1er, Director T'roject Directorate 1-2 Divisf or of Peactor Projects I/II Office of Nuclear Peactor Regulation
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