ML20062C978
| ML20062C978 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 10/27/1978 |
| From: | Ippolito T Office of Nuclear Reactor Regulation |
| To: | |
| References | |
| 7590-01, NUDOCS 7811160022 | |
| Download: ML20062C978 (4) | |
Text
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UNITED STATES NU' CLEAR REGULATORY' COMMISSION DOCKET NO.'50-220 NIAGARA M0 HAWK POWER CORPORATION NOTICE OF PROPOSED ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No.
( DPR-63, issued to Niagara Mohawk Power Corporation (the licensee), for operation of the Nine Mile Point Nuclear Station, Unit No.1, located in Oswego County, New York.
The amendment would revise the provisions in the Technical Specifications to increase the spent fuel storage capacity from 1984 fuel assemblies to 3009 fuel assemblies in accordance with the licensee's appli. cation for amendment dated March 22, 1978.
Prior to issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as b
amended (the Act) and the Comission's regulations.
By DEC 7 :.C8 , 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 petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission's
" Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
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, MMd k@A D -zzm - P
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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 52.714, a petition for leave to intervene
[ shall set forth with particularity the interest of the petitioner in the proceeding, and hcw 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 follow-
! ing factors:
(1) the nature of the petitioner's right under the Act to be made a 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 may be entered in the pro-ceeding on the petitioner's interest.
The petition should also identify k-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 his petition but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing con-ference-scheduled in the proceeding, the 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, and the bases for each 9w., e-.e-. ---ca - , , . - yp-_.w,- - ,-..y , ., -9, , ,.,,_% - --.,wg,,.,,,. ,. - - ---, , -
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contention set forth with reasonable specificity. 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 participate as a party.
Those permitted to intervene become parties to the proceeding, sub-ject to any limitations in the order granting leave to intervene, and have
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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 shall be' filed with the Secretary of the Commission, United Sttaes Nuclear Regulatory Comission, Washington, D. C.
20555, Attention: Docketing and Service Section, or may be delivered to the Comission's public Document Room, 1717 H Street, N. W., Washington, D. C. by the above date.
Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800 342-6700).The Wes;ern Union operator should be given Datagram Identification Number 3737 cad the following message addressed to Thomas A. Ippolito: (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 Executive Legal Director, U. S. Nuclear Regulatory Comission, Washington, D. C. '
20555, and to Eugene B. Thomas, Jr., Esquire,
O LeBoeuf, tamb, Leiby and Mac Rae,1752 N Street, N. W. Washington, D. C.
20036, 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 absent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determin-ation will be based upon a balancing of the factors specified in 10 CFR 52.714(a)(1)-(v) and 52.714(d).
For further details with respect to this action, see the application for amendment dated March 22, 1978, which is available for public inspec-tion at the Commission's Public Document Room, 1717 H Street, N. W.,
Washington, D. C. , and at the Oswego County Office Building, 46 E. Bridge
[ ] Street, Oswego, New York 13126.
Dated at Bethesda, Maryland this 27th day of October 1978.
FOR THE NUCLEAR REGULATORY COMMISSION
_&i-Thomas A.
f ph'olito, Chief Operating Reactors Branch #3 Division of Operating Reactors l.