ML20055H805
| ML20055H805 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 07/16/1990 |
| From: | Capra R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20055H806 | List: |
| References | |
| NUDOCS 9007300113 | |
| Download: ML20055H805 (7) | |
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UNITED STATES NUCLEAR REGULATORY.COMMIS$10N POWER. AUTHORITY OF THE STATE OF NEW. YORK DOCKET.WO.-50-333 I
NOTICE OF CONSIDERATION OF ISSUANCE 0F AMENDMENT TO FACILITYOPERATINGLICENSEANDOpPORTUNITYFORHEA;'d The U.S. Nuclear Regulatory Comission (the Commission) is consit+~
3 issuance of an amendment to Facility Operating License No. OpR-59, issued to the Power Authority of the State of New York (the licensee), for operation of the James A. FitzPatrick Nuclear Power Plant located in Oswego County, New York.
The amendment would increase the number of spent fuel assemblies which maybestoredinthespentfuelpool(SFP)from2244assembliesto2797 assemblies. The additional 553 fuel assemblies would be stored in five new storage rack modules to be installed in the SFP. The Technical Specification changes would affect Technical Specification Section 5.5.B on page 246 and the Bases on page 246a.
The SFP was reracked using high density racks following approval of Amendment No. 55, dated June 18, 1981, which also increased the SFP capacity to 2244 assemblies.
Projections now indicate that full core discharge capability will be lost at the scheduled 1991 refueling outage.- The increased storage capacity will extend this capability for a full-core off load by six-years to 1997 and extend the loss of ' normal batch off load capability to 2001, from the current projected batch off load date of 1995, in addition, the Bases on page 246a would be changed to delete the 3.2%
delta-k margin comment, add Reference 3 (the report from Holtec International dated February 1989 which was submitted with this amendment application), and
. correct Reference 1 by changing the date of the report from 1986 to 1978.
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Prior to 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.
By August 23, 1990
, the licensee 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 proceed.
ing and who wishes to participate as a party in the proceeding must file a written request for a 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 Comission's "Rulee of Practice for Domestic Licensing Proceedings" in
?O 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, N.W., Washington, D.C. 20555 end at the Local Public Document Room located at the State University of New York, Penfield Library, Reference and Documents Department, Oswego, New York 13126.
If a request for a hearing or petition for leave to intervene is filed by the above dste, the Comission or an Atomic Safety and Licensing Board, designated by the Comission 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 forthwithparticularitytheinterebofthepetitionerintheproceeding,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 rightundertheActtobemadeapartytotheproceeding;(2)thenatureand
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extent,of the petitioner's property, financial, or other interest in the proceeding;and(3)thepossibleeffectofanyorderwhichm6ybeenteredinthe 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 tc intervene. Any person who has filed a petition for leave to intervene or who has bee's admitted as a party may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first pre.
l hearing conference scheduled in the proceeding, but such an. amended petition must satisfy the specificity requirements described above.
i 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.
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 1
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4 entitle the petitioner to relief. A petitioner who faiis 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.
3 Those permitted to intervene become parties to:the proceeding, subject to
'any limitations-in the order granting leave.to intervene, and have the opportunity 1
to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
A request for a hearing or a petition for leave to intervene e st be filed 1
with the Secretary of the Commission, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Attention: Docketing and Services Branch, or may be i
delivered to the Commission's Public Documant Room,-the Gelman Building., 2120 L 5
Street, N.W. Washington, D.C. 20555, by t1e above date. Where petitions are f*let during the last ten (10) days of the notice period, it is requested that the petitioner promptly so infor::: the Cranission by a toll-free telephone call to Western Union at 1-(800)325-6000('nMissouri-1-(800)342-6700).
The h
Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Robert A. Capra:
petitioner's name and telephone number; date petition was, mailed; plant name;;and publication date and page nuitar of this FEDERAL REGISTER notice. A copy of the petition should also
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be sent to the Office of the General Counsel, U.S.-Nuclear Regulatory Commission,'
Washington. D.C. -20555, and to Mr. Charles M. Pratt,1633 Broadway, New York,
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New York 10919, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requerts for hearing lwill not be entertained absent a oetermination by the Conunission, the presiding officer or the presiding Atomic
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Safety and Licensing Board that the petition and/or request should be granted baseduponabalancingofthefactorsspecifiedin10CFR2.714(a)(1)(1)-(v) and 2.714(d).
If a request for a hearing is received, tne Commission's staff may issue the amendment after it completes it6 technical review and prior to the completion of any required hearing if it ptblishes a further notice for pablic comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.
The Commission hereby provides notice that this is a proceeding on an application for a license amendment falling within the scope of section 134 of 4
the Nuclear Waste Policy Act of 1982 (NWPA), 42 U.S.C 10154.
Under section 134 of the NWPA, the Commission, at the request of any party to the proceeding, must use hybrid hearing procedures with respect to "any matter which the Commission determines to be in controversy among the parties." The hybrid procedures in section 134 provide for cral argument on matters in controversy, preceded by discovery under the Commission's rules, and the designation, following argument, of only those factual issues that involve 6-genuine and substantial dispute, together with any esmaining questions of law, to be resolved in an. adjudicatory hearing. Actual adjudicatory ' hearings are to be held on only those issues found to meet the criteria of section 134 and set for hearing after oral argt' ment.
The Commission's rules implerenting section 134'of the NWPA are found in 10 CFR Part 2, subpart K, " Hybrid Hearing Procedures for Expansion'of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors" (published-L E
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et 50 F,R 41662, October 15, 1985) to 10 CFR 2.1101 et seq. Under those rules, any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written request for oral argument under 10 CFR 2.1109. To be timely, the request must be filed within ten (10) days of an i
order granting a request for hearing or petition to intervene.
(Asoutlined above, the Commission's rules-in 10 CFR Part 2, subpart G, and 2.714 in particular, continue to govern the filing of requests for a hearing or petitions to intervene, as well as the admission of contentions.) The presiding officer shall grant a timely request.for oral argument. The presiding officer may grant an untimely request for oral argument only upon showing of good cause by the requesting party for the failure to file on time and after providing the other parties an opportunity to respond to the untimely request.
If the presiding officer grants a requerc for oral argument, any hearing held on the application shall be conducted in accordance with the hybrid hearing procedures.
In essence, those procedures limit the time i
available for discovery and require that an oral argument be held to determine I
whether any contentions must be resolved in an adjudicatory hearing.
If no
- l party to the proceeding requests oral argurent, or if. all untimely reqJests -
for oral argument are denied, then the usual procedures in 10 CFR Part 2, subpart G, apply.
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.-7 For further details with. respect to this action,~see.the application for l
amendment dated May'31,-1990, which is available for public inspection at the
-Commission's Public Document Room, the Gelman Building, 2120 L Street, N.W.,
Washington, D.C. 20555, and at the Local Public Document Room, State University of New York, Penfield Library,. Reference and Documents Department, Oswego, New York 13126.
t Dated at Rockville,. Maryland, this 16th day of July,1990.
FOR THE NUCLEAR REGULATORY COMMISSION o
Robert A. Capra, Director Project Directorate I.1 Division of Reactor Projects - I/II
- Office of Nuclear Reactor Regulation
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