ML20042F700
| ML20042F700 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/26/1990 |
| From: | Gody A Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20042F701 | List: |
| References | |
| NUDOCS 9005090276 | |
| Download: ML20042F700 (8) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMM15$10N THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL.
DOCKET NO 50-440 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATIONDETERMINATIONANDOPPORTUNITYFORHEARI.y The U. S. Nuclear Regulation Commission (the Comission) is considering issuance of an amendment to Facility Operating License No.
NPF-58, issued to the Cleveland Electric 111pminating Company, Duquesne Light Company Ohio Edison Company, Pennsylvania Power Company and i
Toledo Edison Company (the licensees), for operation of the Perry Nuclear Power Plant Ur.it ho.1, located in Lake County, Ohio.
The preposed emendiaent revises and modifie$ a pNvious applicatier, for license amendernt cated Decmber 19, 1989, wnich was roticed in the Federal Reoister on February 7,1990(56FR4282).
This revision to the previous submittal replaces the description of the Core Operating Limits Report (COLR) which is to be added as Technical Specification (TS) 6.9.1.9, and modifies the description of fuel assemblies contained in TS 5.3.1 to indicate that fuel assemblies shall be limited to those designs approved by the NRC staff for use in boiling water reactors (BWRs).
Before 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.
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The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Connission's regulations in 10 CFR 50.92, this metns that operation of the facility in accordance with the proposed amendnent 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 accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The basis for this proposed determination is provided below.
The proposed changes would modify the description of the COLR to include the cycle-specific parameters which will be contained in the COLR using a revised format from the licensees' previous submittel.
No substantive changes have been included in the change. The change to the description of fuel assemblies clarifies that only fuel assembly designs cpproved by the NRC staff for use in BWRs th311 he used rather than oes!gos using NRC-aparoved methodologies n% stated in the previous tuNatttr,1.
The staff views these changes to the previous submittal as administrative in nature to c1&rify proposed TS chenges previously submitted. The staff has reviewed their previous proposed no significant hazards consideration finding and has determined that it is still valid for the proposed revision to the licensees' previous submittal. Therefore, the staff proposes to determine that the proposed amendment involves no significant hazards considerations.
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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 normally make a final determination unless it receives a request for a hearing.
Written comments may be submitted by mail to the Regulatory Publica-tions Branch, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Conmission Washington, D.C.
20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written comments may also be delivered to Room P-223, t
Ph'.111ps Building, 7s20 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m.
to 4: 15 p.m.
Copies of written comments received mey be examined at the MRC PubMc Document Rcom, the Gelman Guilding, 2120 L Strer:t, N.K., Washingten, D.C.
The filing of requests for bearirg end petitions for leave to ite+r.ene ir, discussc6 briow, Py June 4,1990
, the licenseet may file o request for a hearing with respect to issaance of the amendment to the subject I'
f6citsty 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.,
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4 Washington, D.C. 20555 and at the local public document room located at the Perry Public Library, 3753 Main Street, Perry Ohio, 44081.
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 reouired by 10 CFR 62.714, 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 fo110w9,9 factors: (1) the nature of the petitioner's right under the t.ct te be madt a party to the procteding; (?) the nature and extent of the petitioner's picperty, financial, or other interest in the proceeding; ead (3) the possible ef feet 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 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 fif teen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shali 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 thase specifit sources and decuments of whien the petitioner is aware and on which the petitionte interds to rely to establish those facts or expert opinion. Petitione r mus+. pernida $;fficient information to show that a genuine dispute exitts w!th t.ie aprAicant on a material Msue of law or fact. Cententions shfil be iimited to n,ttters within tie scope of the enendment under cor. sideration. The contention nest be t
one which, if proven, would entitle the petitioner to relief. 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 partici-l pate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, l
and have the opportunity to participate fully in the conduct of the l
l hearing, including the opportunity to present evidence and cross-examine l
l witnesses.
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I 6-If a hearing is requested, the Comission will make a final determination on the issue of no significant hazards consideration.
l The final determination will serve to decide when the hearing is held.
If the final determination is that the amendment request involves no significant hazards consideration, the Comission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
If the final determination is t'nat the amendment request involves a significant htzerds censideration, any hearing held would take place te;fere the issuanet of sny mendment.
Normally, the Comission will not issu the aNndmet until the expiration of the 30-day notice period.
Howe,er, sbeuld circumstaneet chenge during the notice period such that failure to act in a timely wry would renit, for ey,aNplf, ih doratinc. ur shutdown of the fnility, the Comtesten may issue the license amenoment before the expiratinn of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final l
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 af ter issuance.
The Comission expects that the need to take this action will occur i
very infrequently.
l' 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 Branch, or may be celivered to the Comission's Public Document Room, the Gelman Puilding, 2120 L Street, N.W., Washington, D.C., by the above j
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 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 John H. 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 and Trowbridge, 2300 N Street, N.W., Washington, D.C. 20037, attorney for the licensees.
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 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)(i)-(v) and 2.714(d).
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For further details with respect to this action, see the application for amendment dated March 30, 1990, which is available for public t
inspection at the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C.
20555, and at the Perry Public Library, 3753 Main Street, Perry, Ohio 44081.
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Dated at Rockville Maryland, this 26th day of April 1990.
FOR THE NUCLEAR REGULATORY COMMISSION
.3 Anthony T.
ody, Jr., %cting Project Director Project Directorate III-3 Division of Reactor Projects - III IV, V and Special Projects Office of Nuclear Reactor Regulation 1
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