ML20024A277
| ML20024A277 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 06/03/1983 |
| From: | Clark R Office of Nuclear Reactor Regulation |
| To: | |
| References | |
| NUDOCS 8306160283 | |
| Download: ML20024A277 (10) | |
Text
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7590-01
/tB-oh UNITED STATES NUCLEAR REGULATORY C0 pet!$$!0N NORTHEAST NUCLEAR ENERGY COMPANY ET AL DOCKET NOS. 50-245 & 50-336 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEN 0MENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of amendments to Provisional Operating License No. DPR-21 and Facility Operating License No. DPR-65, issued to Northeast Nuclear Energy Company, the Connecticut Light & Power Company, and Western Massachusettes Electric Company (the licensees), for operation of Millstone Nuclear Power Station Units 1 and 2 located in New London County, Connecticut.
The amendments would delete superfluous Appendix B environmental technical specifications relative to meteorological monitoring, terrestrial monitoring, and transmission line right-of-way management, in accordance with the licensee's application for amendment dated February 16, 1983.
Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Comission's regulations.
Deletion of the environmental technical specifications relative to nee meteorological monitoring would have no effect since the emergency pre-e paredness requirements of Appendix E to 10 CFR Part 50 and the requirements of the Unit 2 operating license Appendix A technical specification 3/4.3.3.4 enoh ensure that sufficient meteorological data are available for estimating potential o8 doses to the public as a result of radiological releases from either unit at the Millstone Station. The annual surveys required by the environmental technical ornce>
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l 7590-01 specifications have indicated no significant adverse effects on flora and fauna 4
from station operation since Units 1 and 2 began operation in 1970 and 1975, respectively; the staff considers these results a sufficient demonstration that continuation of the surveys is not warranted. The environmental technical specification which requires an annual report concerning the use of herbicides to control vegetation on transmission line rights-of-way is also superfluous since the use of such chemicals must comply with control measures established by the U.S. Environmental Protection Agency and the Connecticut Department of Environmental Protection rather than the NRC.
l The proposed changes in the environmental technical specifications will have no effect on the safe operation of Millstone Station Units 1 and 2.
Therefore, the Comission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any previously evaluated; or (3) involve a significant reduction in a margin of safety.
The Comission is seeking public coments on this proposed determination.
Any coments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Comission will not normally make a final determination unless it receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission U.S.
l Nuclear ReguTatory Comission, Washington, D.C.
20555 Attn: Docketing and i
Service Branch.
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7590-01 By JUL 141983, the itcensee or a petitioner may file a request for a hearing with respect to issuance of the amendments to the subject operating licenses 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 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 for Domestic Licensing Proceedings" in 10 CFR Part 2.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board, designated by the Commission or by the Chairman 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.
As required by 10 CFR 12.714, 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 proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:
(1)thenature or 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 i
interest in the proceeding; 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 aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has ornce) suRuwe) ocre>
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j 7590-01 filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity. Contentions shall be 1imited to matters within the scope of the amendments under consideration. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
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.
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If a hearing is requested, the Commission will make a final determination i
on the issue of no significant hazards consideration.
The final determina-tion will serve to decide when the hearing is held.
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7590-01 If the final determination is that the amendment request involves no significant hazards consideration, the Comission may issue the amendments and make it effective, notwithstanding the request for a hearing.
Any hearing held would take place after issuance of the amendments.
If the final determination is that the amendments involve a significant hazards consideration, any hearing held would take place before the issuance of any amendment Normally, the Comission will not issue the amendment until the expir-ation of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Comission may issue the license amendments before the expiration of the 30-day notice period, provided that its final determination is that the amendments involve no significant hazards consideration.
The final determination will consider all public and State comments received.
Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission expects that the need to take this action will occur very infrequently.
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, l
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7590-01
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\\ Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room,1717 H Street, N.W.
Washington, 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 inform the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Robert A. Clark:
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 Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, and to William H. Cuddy, Esquire, Day, Berry & Howard, One Constitution Plaza, Hartford, Connecticut 06103, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a detennination by the Comission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.f14(d).
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O 7590-01 For further details with respect to this action, see the application for amendment which is available for public inspection at the Consnission's Public Document Room,1717 H Street, N.W., Washington, D.C., and at the Waterford Public Library, Rope Ferry Road, Route 1%, Waterford, Connecticut.
Dated at Bethesda, Maryland, this 3rd day of June,1983.
FOR THE NUCLEAR REGULATORY C01411SSION Orlarnel %ned by Robert A. Clark, Chief Operating Reactors Branch #3 Division of Licensing Docket File t'RC PDR Local PDR ORS #3Rdg DEisenhut P!Kreutzerd PLeech OELD LHarnon WJones OPA, Cf111cs ACRS (10)
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7590-01 A Deletion of the environmental technical specifications relative to meteorological monitoring would have no effect since the emergency pre-paredness requirements of Appendix E to 10 CFR Part 50 and the requirements of the Unit 2 operating license Appendix A technical specification 3/4.3.3.4 ensure that sufficient meteorological data are available for estimating potential doses to the public as a result of radiological releases from either unit at the Millstone Station. The annual surveys required by the environmental technical specifications have indicated no significant adverse effects on flora and fauna from station operation since Units 1 and 2 began operation in 1970 and 1975, respectively; the staff considers these results a sufficient demonstration that continuation of the surveys is not warranted. The environmental technical specification which requires an annual report concerning the use of herbicides to control vegetation on transmission line rights-of-way is also superfluous since the use of such chemicals must comply with control neasures established by the U.S. Environmental Protection Agency and the Connecticut Department of Environmental Protection rather than the NRC.
The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Commission will not nortally make a final determination unless it receives a request for a hearing.
Comments should be addressed to the Secretary of the Commission, U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Attn: Docketing and Service Branch.
HS cc: See previous concurrence oace.*
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William H. Cuddy, Esquire Day, Berry & Howard Counselors at Law One Constitution Plaza Hartford, Connecticut 06103 Mr. John Shediosky Resident Inspector / Millstone c/o U.S.N.R.C P. O. Drawer KK Niantic, CT 06357 Regional Administrator Nuclear Regulatory Commission, Region I Office of Executive Director for Operation 631 Park Avenue King of Prussia, Pennsylvania 19406 Arthur Heubnar, Director Radiation Control Unit Department of Environmental Protection State Office Building Hartford, Connecticut 06115 Mr. W. G. Counsil Vice President Nuclear Engineering & Operations Northeast Nuclear Energy Company P. O. Box 270 Hartford, Connecticut 06101
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
'%.....,o WASHINGTON, D.C. 20555 Docket No. 50-245 50-336 Docketing and Service Section Office of the Secretary of the Commission i
SUBJECT:
NORTHEAST NUCLEAR ENERGY C0!4PANY, f4111 stone Units 1&2 Two signed originals of the Federal Register Notice identified below are enclosed for your transmittal totheOfficeof the FederalRegisterforpublication. Additionalconformedcopies( 6 )of the Notice are enc losed for your use.
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 Facility License (s): Time for Submission of Views on Antitrust Matters.
O Notice of Availability of Applicant's Environmental Report.
O Notice of Proposed issuance of Amendment to Facility Operating License.
O Notice of Receipt of App:ication for Facility License (s); Notice of Availability of Applicant's Environmental Report; and Notice of Consideration of issuance of Facility License (s) and Notice of Opportunity for Hearing.
O Notice of Availability of NRC Draft! Final Environmental Statement.
O Notice of Limited Work Authorization.
O Notice of Availability of Safety Evaluation Report.
O Notice of issuance of Construction Permit (s).
O Notice of issuance of Facility Operating License (s) or Amendment (s).
O Other: Metice of cc-ej Aentjen, nie::: centset ni::: 0, )(24555 dth 30.dav data after publicatinn in FR fn he antered in kha ficct naranraph On na no 1 n f Nnti co,
ice b u eacfor egulation As Stated OFF CE--o-0RB.:g.
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DATE-e-64 483 NRC FORM 102 7 -79 9
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