ML20042H023
| ML20042H023 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 05/04/1990 |
| From: | Wigginton D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20042H024 | List: |
| References | |
| NUDOCS 9005170077 | |
| Download: ML20042H023 (7) | |
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7590-01' UNITED STATES NUCLEAR REGULATORY COMMISSION p
WATERFORDSTEAtt,EL,E,CTRJC,STATj06,0NJT,3 l
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l NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT T0 l
rACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING-The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of an amendnient to facility Operating License Ho. NPF-38 issued to
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LouisianaPowerandLightcompany(the. licensee)-foroperationofWaterford Steam Electric Station, Unit 3 located in St.; Charles Parish', Louisiana.
The proposed amendment would revise the license amendment. condition in Amendn.ent No. 60 dated December 14, 1989 to extend the effective date of the license conditions by 90 days. Amendment No. 60 approved the transfer lofi operations of Waterford 3 to the Entergy Operations, Inc.
Before issuance of the proposed license amendment, the Comission.will have made findings required by the' Atomic Energy Act of 19E4, as amended (the Act) and the Comission's regulations.
The Comission has made a proposed determination that the. request for I
amendment involves no significant hazards consideration. Under the Comission's L
regulations in 10 CFR 50.92, this means that operation of the. facility'in accordancewiththeproposedamendmentwouldnot(1) involve-asignificant
' 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 accidantpreviouslyevaluated;or(3)involveasignificantreductionina
- margin of safety, i
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The proposed amendment is to extend by 90 days the effective date for implementing license conditions which have been previously approved for transfer of operations to Entergy Operations, Inc.
Unforeseen scheduling of other regulatory agency processes may delay the. implementation date beyond the original 180 days (duetoendonJune 12,1990). The proposed amendment is an administrative change so as not to impact other agency requirements. As such, the proposed amendment does not involve any previously analyzed accident, does not create any new accidents, and does not: involve any consideration of any 4
change to a margin of safety. Therefore, based on the above considerations, l
the Comission has made a proposed determination that the amendment request involves no significant hazards consideration.
The Commission is seeking public comments on this proposed determination.
Any concents received within 30 days after the date.of publication of this notice will be considered in making any final determination. The Comission will not ncrmally make a final deterniinaticr. unless it receives a request 4
for a hearing.
Written coments may be submitted by mail to the Regulatory Publications i
Branch, Division of Freedom of Information and Publications Services Office of l
Adrainistration, U.S. Nuclear Regulatory Comission,' Washington, D.C.
- 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice. Written coments may also be delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m.
Copies of written.cornments received may be examined at the NRC Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
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By June 11, 1990
, the licensee may file a request for a hearing a
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with respect to issuance of the amendment to the subject facility operating license and any person whose interest may he affected by this proceeding and.
who wishes to participate as a party in the proceeding must file a written petition for leave to intervene. Request for a hearing and petitions for
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leave to intervene'shall be filed in accordance with the Comission'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 Gelran Building, 2120 L Street, N.W., Washington, D.C. 20555 and at the Local Public Document Room located t
at the University of New Orleans Library, Louisiana Collections, Lakefront, New Orleans, Louisiana 70122.
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-Comission or by the Chairman of the Atomic i
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 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.following factors:
(1)thenature of the petitioner's right under the Act to be made party to the proceeding; (2) the nature -and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which j
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may be entered in the proceeding on the petitioner's interest. The petition l
should also identify the specific aspect (s) of the subject matter of the l-proceeding _as to which petitioner wishes to intervene. Any person who has l
l filed a petition for leave tc intervene or who has been admitted as a party
-mayamendthepetitionwithoutrequestingleaveoftheBoardup'tofifteen(15) j l
days prior to the first prehearing 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 cust 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 1
the contention and a concise statement of the alleged facts or expert opinion which support the contention and on @ ich the petitionei' intends to rely =in l
proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is l
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 W 1aw 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 i
supplement which satisfies these requirements with respect to at least one contentico 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.
If a hearing is requested, the Comission will make a final determination on the issue of no significant hazards considerations. The final determination will serve to decide when the hearing is. held.
If the final determination is that the request for amendment 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 a final determination is that the amendment involves a significant hazards consideration, any hearing. held would take place before-the issuance
- i of ary amendment.
Normally, the Comission will not issue the amendment until the expiration 1
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 amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards U
considerations. The final determination will consider all public and State coments received. Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for'a hearing after issuance.
The Commission expects that the need to take this action will occur very
. infrequently.
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6-f 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 f
delivered to the Comission's Public Document Room, the Gelman Building, 2120 L -
Street, N.W.. Washington, D.C., by the above date. Where petitions are filed 7
duringthelastten(10)daysofthenoticeperiod,itisrequestedthatthe
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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 Frederick J. Hebdon: (petitioner's name and telephonenumber),(datepetitionwasmailed),(plantname),and(publication dateandpagenumberofthisFEDERALREGISTERnotice). A copy of the petition-should also be sent to the Office of the Generai Counsel, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, and to Mr. E. Blake, Shaw, Pittman, Potts & -
Trowbridge, 2300 N. Street, N.W., Washington, D.C.
20037, 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 l
absent a determination by the Comission, the presiding officer or the Atomic l
Safety and Licensing Board that the petition and/or request should be granted baseduponabalancingofthefactorsspecifiedin10CFR2.714(a)(1)(1)-(v) and2.714(d).
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For further details with respect to this action, see the application 1.
for arendment dated May 4, 1990, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, l
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.7 7-i N.W., Washington, D.C. '20555 and at the Local Public Document Roon. located at the University of New Orleans Library, Louisiana Collections, Lakefront, New i
Orleans, Louisiana 70122.
Dated at Rockville, Maryland, this 4th day of May 1990.
FOR THE NULLEAR REGULATORY COMMISSION 7
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c David L. Wir iton, Project Manager i
Project Directorate IV Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation l-l i
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