ML20006F809
| ML20006F809 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 02/21/1990 |
| From: | Hannon J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20006F810 | List: |
| References | |
| NUDOCS 9003010197 | |
| Download: ML20006F809 (5) | |
Text
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e i-7590 UNITED STATES NUCLEAR REGULATORY COMMISSION THE CLEVELAND ELECTRIC ILLUMINATING COMPANY. ET AL.
DOCKET NO. 60-440-NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Connission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-58, issued to The Cleveland Electric illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company and Toledo Edison Company (the licensees), for operation of the Perry Nuclear Power Plant Unit No. I located in Lake County, Ohio.
TheamendmentwouldremovetheReactorCoreIsolationCooling(RCIC) equipmentroomhighdifferentialtemperature(deltaT)tripfunctionfrom Technical Sr
' *ication Table 3.3.2-1, " Isolation Actuation Instrur.entation,"
of the Per
% ear Power Plant, Unit No. 1.
The licensees submitted the request for amendment by application dated January 19, 1990.
Prior to issuance 'of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
By FMrch 30, 1990
, the licensee may file a request for_a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for hearing and a petition for leave to intervene.
Requests for a hearing and petitions for leave to iiitervene shall be filed 4
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I 2-i in accordance with the Comission's ' Rules of-Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Interested persons should consult a current I
copy of 10 CFR 2.714 which is available at the Commission's Public Document l
Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. 20555 and l
st the local Public Document Room located at Perry Public Library, 3753 Main Street, Perry, Ohio 44061.
If a request for a hearing or petition for 1 eave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chaiman of the Atomic Safety and Licensing Board Panel, will rule on the request
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- and/or petition; and the Secretary or the designated 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 l
i proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following l
factors:
(1)thenatureofthepetitioner'srightundertheActtobe l
radeapartytotheproceeding;(2)thenatureandextentofthepetitioner's property, financial,orotherinterestintheproceeding;and(3)the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific
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aspect (s)ofthesubjectmatteroftheproceedingastowhichpetitioner 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 l
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i without requesting leave of the Board up to fifteen (15) days prior to l
the first pre-hearing conference scheduled in the proceeding, but such an i
i amended petition must satisfy the specificity requirements described f
above.
Notlaterthanfifteen(15)dayspriortothefirstprehearing t
conference scheduled in the proceeding, a petitioner shall file a supplement i
i to the petition to intervene, which must include a list of the contentions that are sought to be litigated in the matter.
Each contention must l
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 the petitioner intends to rely in proving the contention at the hearing.
The petitioner must also provide references to those specific sources and documents of which tim tetitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. petitioner 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 satisfies these req 9irements with respect to at least one contention will not be permitted to participate as a party.
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Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, Attention: Docketing and Service t
Branch, or may be delivered to the Comission's Public Document Room, i
2120 L Street, N.W., Washington, D.C., by the above date. Where petid ons arefiledduringthelastten(10)daysofthenoticeperiod, itis requested that the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1-800-325-6000(inMissouri 1-800-342-6700). The Westerr Union operator should be given Datagram Identification Number 3737 and the following message addressed to John N.
Hannon: petitioner's name and telephone number; date petition was mailed; plant name; 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 General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, and to Jay Silberg, Esq., Shaw, Pittman, Potts & Trowbridge, 2300 N Street, NW., Washington, DC 20037, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended
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petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Comission, the presiding officer or the presiding Atomic Safety and Licensing Board that the
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l-petition and/or request should be granted based upon a balancing of the factorsspecifiedin10CFR2.714(a)(1)(1)-(v)and2.714(d).
If a request for hearing is received, the Connission+$ staff may issue the amendment after it completes its technical reytow and prior to the completion of any required hearing if it publishes 4 further notice for public comment of its intent to make a no significAnt. lisyards consideration finding in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the spplitstion for amendment dated January 19, 1990, which is available for public impection at the Commission's Public Document Room. 2120 L Street, N.W., L'eskington, D. C.
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20555, and at the local public document room, Perry Nblic !.ibraty $753 Main Street, Perry, Ohio 44081.
Dated at Rockville, Maryland, this 21st day of February i!)90.
FOR THE NUCLEAR REGVLATORY COHNIS$10N om%
John N. Hannon Director Project Directorate 111-3 Division of Reactor Projects - !!!,
IV, Y and Special Projects Office of Nuclear Reactor Regulation I
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