ML20059C143
| ML20059C143 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 08/27/1990 |
| From: | Erickson P Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20059C141 | List: |
| References | |
| NUDOCS 9008310068 | |
| Download: ML20059C143 (5) | |
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,. 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION PUBLIC SERVICE COMPANY OF COLORADO DOCKtT. NO. 50-267
! NOTICE OF CONSIDERATION OF ISSUANCE OF' AMENDMENT TO i
FACILITY LICENSE AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Comission-(the Comission) is considering issuance of an amendment to Facility License No._DPR-34 issued to Public Service Company of Colorado (the licensee), for the- Physical Security Plan of the Fort St.
Vrain Nuclear Generating Station (FSV) located in Weld County, Colorado.-
The licensee submitted proposed amendr.nts to the Physical Security Plan, Guard Force Training and Qualification Plan and the Safeguards Contingency Plan for FSV. The proposed amendments to these plans reflect a reduction in scope to cover only the storage of spent fuel. The basis for the changes is premised on FSV being pennanently shutdown on August 18, 1989,-and the licensee's letter dated November 21, 1989, as supplemented' April 25,.1990, which requested that Facility License No. DPR 34 for FSV be amended to a possession-only status. On February 7,1990, one-third ~of the fuel had been removed from the reactor and stored in the Fuel Element Storage Wells. Also, the Comission issued a Confirmatory Order dated May 7,1990(55FR18995) that modified License No. DPR-34 to prohibit taking the FSV reactor to-criticality or operating FSV at any power level. Action on the possession-only application is still pending. The proposed amendments only eliminate areas, equipment, systems and procedures that have been deemed unnecessary for a nuclear power facility which has been permanently shutdown I
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and require the licensee to implement certain security measures commensurate-4 with the risks associated with storage of spent fuel. ;
1 Prior to issuance of the proposed license amendnient, the Commission will have made findings required by 6he Atomic Energy Act of 1954, an amended (the !
Act)andtheCommission'sregulations.
By october 1,1990, the licensee may file a request for a hearing with ,
respect to issuance of the amendment to the subject facility 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 i to intervene. Request for a hearing and petitions for leavt 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, N.W., Washington, D.C.
l 20555 and at the Local Public Document Room located at the Greeley Public Library, City Complex Building, Greeley, Colorado 80631. 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 Loard, 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 3ecretary or the designated Atomic Safety and Licensing Board will issue a notice of heering 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 I
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;
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9 (2) the nature and extent of the petitioner's property, financial, or other 1 interest in the proceeding; and (3) the possible effect of any order which m6y 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 1
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 petitionwithoutrequestingleaveoftheBoarduptofifteen(15)dayspriorto 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 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 I
expert o Detitioner must provide sufficient information to show that a genuin exists with the applicant on a material issue of law or fact.
Conte..t I be limited to matters within the scope of the action under
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consideration. The contention must be one which, if proven, would entitle the l
petitior4r to relief. A petitioner who fails to file such a supplement which satisfies these requireir.ents with respect 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.
A request for a hearing or a petition for leave to intervene must be ;
l filed with the Secretary of the Commission, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Comirission's public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C., 20555, 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 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 Seymour H. Weiss: petitioner's name and telephone number; date petition was mailed; Fort St. Vrain Nuclear Generating Station; 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 Mr. J. K. 1 Tarpey, attorney for the licensee, Public Service Company Building, Room 900, 500 15th Street, Denver Colorado 80202. l I
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- , 5- l Nontimely filings of petitions for leave to intervene, amended petitions, suppleniental petitions and/or requests for hearing will not be entertained j 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 -
baseduponabalancingofthefactorsspecifiedin10CFR2.714(a)(1)(i)-(v) and2.714(d).
If a request for a hearing is received, the Comission'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 furth'er notice for public comment of its proposed finding of no significant hazards considerations in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the application for amendment dated June 6, 1990, which is available for public inspection at the Comission's Public Document Room, 2120 L Street, N.W., Washington, D.C. 20555, '
and at the Greeley Public Library, City Complex Building, Greeley, Colorado 80631.
Dated at Rockville, Maryland this 27th day of August 1990.
FOR THE NUCLEAR REGULATORY COMMISSION Peter B. Erickson, Project Manager Non-Power Reactor,. Decommissioning and Environmental Project Directorate Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation