ML20029A376
| ML20029A376 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 02/07/1991 |
| From: | Marsh L Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20029A377 | List: |
| References | |
| NUDOCS 9102210126 | |
| Download: ML20029A376 (5) | |
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7590-01 l
UNITED STATES NUCLEAR REGULATORY COMMISSION DETROIT EDISON COMPANY DOCKET NO. 50-341 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING 1.1 CENSE AND l
OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to facility Operating License No. NpF-43, issued to-the Detroit Edison Company and Wolverine power Supply Cooperative, Inc. (the licensees),foroperationofFermi2locatedinMonroeCounty, Michigan.
The amendment would revise the Technical Specifications (TS) for the Emergency Equipment Cooling Water (EECW) system. The action requirements for an inoperaMe EECW system subsystem have been clarified with regards to the intent to allow continued plant operation under certain specific circumstances.
These specific circumstances are also changes to include
' verification of the' status of the non-safety related cooling water system which normally cools the equipment which is cooled by EECW in emergency situations. Further, the provisions for Operational Conditions 4 and 5 are modified. These provisions have been found to be subject to interpretations in an unnecessarily restrictive manner.
Prior to issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the l
Act)andtheCommission'sregulations.
By March 22,-1991,'the licensees may file-a request for a hearing with s
respect to issuance of the amendment to the subject facility operating license 9102210126 910207 o
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and any person whose interest may be affected by this proceeding and who wisho 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 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 Comission's Public Document Room, the Gelman Building, 2120 L Street, W. Washington, D.C.
20555 and at the Local Public Document Room located Monroe County Library System, 3700 S. Custer Road, i
Monroe,' Michigan 48161.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Comission 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 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 proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors (1)thenatureofthepetitioner's rightundertheActtobemadeap'artytotheproceeding;(2)thenatureand extent of. the petitioner's -property, financial, or other interest in the -
proceedings 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 specificaspect(s)ofthesubjectmatteroftheproceedingastowhichpetitioner wishes to intervene. Any person who has filed a petition for leave to intervene L
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 pre-hearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Notlaterthanfifteen(15)dayspriortothefirstprehearingconference scheduled in the proceeding, a petitioner shall file a supplement 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 consist of a specific statement of the issue of law or f act 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 who fails to file such a supplement which satisfies these requirements with respects 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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4-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, u
Washington, DC 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's public Document Room, the Gelman Building, 2120 L Street, NW, Washington, DC, 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 Commission by a toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to L. B. Marsh:
petitioner's name and telephone number; date I
- petition was mailed; plant name; and publication date and page number of tht?, NDERAL REGISTER notice. A copy of the petition should also be sent
. to the Office of the General Counsel, U.S. Nuclear Regulatory Consnission, 1
Washington, DC 20555, and to John Flynn, Esq., Detroit Edison Company, 2000 i
i Second Avenue, Detroit, Michigan 48226, attorney for Detroit Edison Company.
Nontimely filings of 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 presiding Atomic Safety 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)and2.714(d).
If a request for hearing is received, the Commission's staff may issue the amendment after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of its intent to make_a no significant hazards consideration finding in accordance with 10 CFR 50.91 and 50.92.
For further detatis with respect to this action, see the application for amendment dated January 3,1990, which is available for public inspection at the Comission's Public Document Room, the Gelman Building, 21201. Street, NW, Washington, DC 20555, and at the Monroe County Library systeni, 3700 South Custer Road, Monroe, Michigan 4B161.
Dated at Rockville, Maryland, this 7th day of February 1991.
FOR THE NUCLFAR RE ILATORY COMMIS$10N d
L. B. Marsh, Director Project Directorate 111 1 Division of Reactor Projects Ill/IV/V Office of Nuclear Reactor Regulation
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