ML20059H040

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Notice of Consideration of Issuance of Amend to License NPF-5 & Opportunity for Hearing on Request to Increase Allowable Leak Rate for MSIVs & Delete TS Requirements for MSIV Leakage Control Sys
ML20059H040
Person / Time
Site: Hatch Southern Nuclear icon.png
Issue date: 10/29/1993
From: Hermann R
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20059H044 List:
References
NUDOCS 9311090265
Download: ML20059H040 (5)


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7590-01 UNITED STATES NUCLEAR REGULATORY COPWISSION GEORGIA POWER COMPANY i

OGLETHORPE POWER CORPORATION i

1 MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA CITY OF DALTON. GEORGIA l

DOCKET NO. 50-366 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO l

FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING l

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The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. NPF-5, issued to l

Georgia Power Company, et al. (the licensee), for operation of the Edwin I.

Hatch Nuclear Plant, Unit 2, located in Appling County, Georgia.

I The proposed amendment would permit an increase in the allowable leak rate for the main steam isolation valves (MSIVs) and would delete the i

Technical Specification (TS) requirements for the MSIV leakage control system

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1 (LCS). Specifically, the licensee requested:

(1) the allowable leak rate specified in TS Section 3.6.1.2.c be changed from 11.5 standard cubic feet per hour (scfh) for any MSIV to 100 scfh for any MSIV; (2) TS 3/4.6.1.4 and Bases j

section 3/4.6.1.4 be deleted to reflect the elimination of the LCS; (3) the LCS isolation valves be deleted from TS Table 3.6.3-1; and (4) the TS Index and pages containing TS 3/4.6.1.2 (and associated Actions) and 3/4.6.1.4, and Bases section 3/4.6.1.4 be revised to rearrange the sections and page numbers as appropriate.

In addition, an editorial change unrelated to proposed changes I through 4 revises Index page XII to reflect that Bases section 3/4.6.3 is on page B 3/4 6-4b rather than on page B 3/4 6-4.

9311090265 931029 PDR ADOCK 05000366

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- Before issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.

By December 6, 1993, 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 proceeding 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 a petition 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, NW., Washington, DC 20555 and at the local public i

document room located at Appling County Public Library, 301 City Hall Drive, Baxley, Georgia 31513.

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 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) the nature of the petitioner's right under the Act to be made a party to the proceeding; I

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.- (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 that 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 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 15 days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene that 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 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 that 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 that, if proven, would entitle the petitioner to relief. A petitioner who fails to file such a supplement that satisfies these requirements 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 4

I opportunity to present evidence and crost-examine witnesses.

3 A request for a hearing or a petition for leave to intervene must be l

filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docketing and Services Branch, or may be delivered to the Comission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, by the above date. Where petitions are filed during the last 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) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number N1023 and the following message addressed to Robert A. Hermann, Acting I

Director, Project Directorate II-3: 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 Comission, Washington, DC 20555, and to Ernest L. Blake, Jr., Esquire, Shaw, Pittman, a

Potts and Trowbridge, 2300 N Street, NW, Washington, DC 20037, attorney for the licensee.

i 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 j

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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If a request for a 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 proposed finding of no significant hazards consideration in accordance

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with 10 CFR 50.91 and 50.92.

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For further details with respect to this action, see the application for amendment dated October 1,1993, which is available for public inspection at i

the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the local public document room located at Appling County Public Library, 301 City Hall Drive, Baxley, Georgia 31513.

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Dated at Rockville, Maryland, this 29th day of October 1993.

1-FOR THE NUCLEAR REGULATORY COP 911SSION Robert A. Hermann, Acting Director Project Directorate II-3 j

Division of Reactor Projects - I/II 1

Office of Nuclear Reactor Regulation 1

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