ML20028H406
| ML20028H406 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/20/1990 |
| From: | Marsh L Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20028H407 | List: |
| References | |
| NUDOCS 9101020358 | |
| Download: ML20028H406 (9) | |
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By January 25, 1991, the licensea 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 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.
Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washinqton, D.C. 20555 and at the local public document room located at the Joseph P. Hann Liberty, 1516 Sixteenth Street, Two Rivers, Wisconsin.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Coninission 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 52.714, 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 t.o 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; E
and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also idert;fy the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petii: ion 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 con' 4 ;ce 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.
Each contention must 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 the petitioner 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
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who fails to file such a supplement which satisfies these requirements L
with respect to at least one contention will not be permitted to partici-pate as a party.
l Those permitted to intervene become parties to the proceeding,
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subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fell / in the conduct of the hearing, including the opportunity to present evidence and cross-examine l
witnesses.
-If a hearing is requested, the Comission will make a final determination on the issue of no significant hazards consideration.
.The final determination will serve to decide when the hearing is held.
l If the final determination is that the amendment request involves no significant hazards consideration, the Comission may issue the amendmcnt and make it effective, notwithstanding the request for a i
he ing. Any hearing held would *:ake place after issuance of the amendment.
-If the final determination is that the ainendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
' Normally, the Commission will not issue the amendment until the I
expiration 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 Commission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that E
the amendment involves no significant hazards consideration. The final
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- i determination will consider all public and State coments received.
l Should the Comission take this action, it will publish a notice of it.suance.and provide for opportunity for a hearing after issuance.
The Comission expects that the need to take this action will occur l
very infrequently.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, kashington, D.C. -20555, Attention: Docketing and Service Branch, or riay be delivered to the Comission's public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C., by the above date. Where petitiors are filed during the last ten (10) days of the notice period, it is recuested that the petitioner promptly so inform l
the Commission by a toll-free telephone call to Western Union at 1 (800)325-6000(inMissouri 1(800)342-6700).
The Western Union operator should be given Datagram Identification Number 3737 and the following. message addressed to L. B. Marsh:: petitioner's name and J
i 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 Comission, Washington, D.C. 20555, and to Judd L.
Bacon, Esq., Consumers Power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, attorney for the licensee.
Nontimely filings-of petitions.for leave to intervene,:amcnded petitions, supplemental petitions and/or requests for hearing will not i
be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition L
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., d 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(di.
For further details with respect to this 3ction, see the application for amendment dated August 3,1989, as amenged October 3,1989, which is available for public inspection at the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C.
20555, end at the Van Zoeren Library Hope College, Holland, Michigan /,9423.
Dated at Rockvi.lle, Maryland, this 20th day of December 1990.
FOR THE NUCLEAR REGULATORY COMMISSION L. B. Marsh, Director Project Directorate 111-1 Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation
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