ML20067C908
| ML20067C908 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 01/28/1990 |
| From: | Colapinto D ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20067C711 | List: |
| References | |
| OLA-2, NUDOCS 9102120246 | |
| Download: ML20067C908 (6) | |
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's ocealto SL 3As 2 81990 UNITED STATES OF AMERICA op g%og BEFORE Ti!E NUCLEAR REGULATORY COMMISSION 5
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In the Matter of, Docket Hos. 50-528, 50-529 and 50-530 ARIZONA PUBLIC SERVICE CO.,
_et al,,
t PETITION FOR LEAVE,7J INTERVENE AND REQUEST FOR llEARING To:
Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Attention: Docketing and Service Branch Pursuant to 10 C.F.R.
2.714, Petitioners A31an L.
Mitchell and Linda E. Mitchell hereby request leave to intervene.in the above-captioned proceedings.
Specifically, Petitioners seek intervention and request that a hearing be held on.the application for amendment dated November 13, 1990.
See, Vol. 55, No. 249, Federal Register 53220-21 (Dec.-27, 1990).
Petitioners' request is timely.
The factors in support of Petitioners' tiraely request for intervention are as follows:
1.-
Petitioners Allan L. Mitchell and Linda E.-
Mitchell are residents of the City of Buckeye, County of Maricopa, State of Arizona.
2.
The Mitchells reside and own property within a five (5) mile radius of the Palo Verde Nuclear Generating Station ("Palo Verde").
3..
Linda Mitchell is an associate electrical engineer at Palo Verde.
She has been an employee of Arizona Pub 1:.c 9102120246 910130 PDR ADOCK 05000528:
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Service Co. at Palo Verde since 1985.
4.
Allan Mitchell is a former staff engineer for the Arizona Corporation Commission ("ACC"), who had oversight responsibilities regarding the operation of Palo Verde.
5.
Petitioners seek to exercise their rights under the Act as citizens of the State of Arizona and of the United States regarding issues affecting the operation of 1
Pair Verde.
6.
Petitioners are extremely knowledgeable about the operation of nuclear power plants and about Palo Verde, in particular.
Petitioners have information which is relevant to the determination of the licensco's request to amend.
7.
Petitioners have an interest in the proceedings regarding the operation of Palo Verde since they live and own property within five (5) miles of the plant.
Also, as a Palo Verde employee, Mrs. Mitchell has a financial interest in the operation of the plant.
8.
The Petitioners also have an interest in protecting the health of safety of themsel.ves and the public at-large.
9.
Petitioners' health and safety as well as the value of their property could be affected by an order granting the request for amendment, par ticularly in the event of an accident during plant shutdown.
WHEREFORE,_the Petitioners, through counsel, hereby request the following relief:
(1) that Petitioners' request for leave to intervene be granted; 2
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(2) that an Atomic 3afety and Licensing Board be appointed regarding the proposed license amendments; and (3) that a hearing be held on Petitioners' contentions.
Respectfully submitted, (h't t.,')).{ k.;~',
David K.
Colapinto y Kohn, Kohn & Colapinto, P.C.
517 Florida Ave., N.W.
Washington, D.C.
20001 (202) 234-4663 Attorneys for Petitioners January 28, 1991 3
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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served upon the following parties on this 28th day of
)
January, 19911 Public Document Room U.S. Nuc1 car Regulatory Commission Grilman Building
- 137 L Street, N.W.
k W ington, D.C.
General Counsel U.S. Nuclear Regulatory Commission Washington, D.sc.
205Sb Arthur C.
Gehr, Esq.
Snell & Wilmer 3100 Valley Bank Conter
. Phoonix, AZ 85073
(~l'Wimlb'E0s:'
By Davia K.I Colapliito' i
f l
'C3_
Federal Remter / Vcl. 55. No. 249 / Thrsday. Decernber 27,1M) / Not:ces m mcts eins Naboral f tr revew in stcorden w1th 10 CIH AcoRissts: Smd umten cemments to
_9fxts al P2cv Att INLPA). the
- Out,;c). As pNviced m 10 (*JR 220Gch the Secret:try of the Cerrurassion. U S m en f..ur;r, mental Q al ty e e De. man WJ betotte the f.nal action
alear Ret.dston Comm:n ston.
J l : 1!.trt and tre C;m:mn a
< i the Commisswn 25 da) riefter Washiraton, DC.355. ( Attentron:
a r s, t env.:: L r rc b'v.-
+ s a me ur:ess the Ca. r..umn. on s's Dod etmc and N n tte Prunt 14r.!
- V k r.u O n t e tf.f4 Sm s ow n motion. int'Ututes a r* view of the dehs er carutnents to 11555 Fach $ me M M trt' af HMCns in rd smfIe M; mon g tthm {3,1l t
- p, hky, p f,kyl[}e, MD [ gaegn 7 33 $3 o! at5t n ta tre.ns.et the hanse D.rted et W e. Nt m ind tus ri d.iv und 415 p m.
- Mi*n ena to cetomlt.ssion tre
' Dra maer im rOR FURTHER INroaM ATICN CONTACT:
- 1 AuNst 4. 361 Leonerd ikkwit.
Reattor Regulaten. U S. Nucient
, : mitfd a PetJtici on behalf cf the Wmse f. hturley, I cculatory Commission. Washmston.
Derectv. (yr, giggj,or gy,y blar.d Association requestma a
DC :n555 telephone (301] 492-1087.
1 umdar to that requested by Mr.
N/ormi D'
'i e, Mary lsnd' tW hdn
' C incr> and on sundar bases ifh DocEnr3 f.teJ 12 :can e 45 nrn}
MD m.ca;iy, the long Island estwas com rm eva ggg
,mman s Fetition requested that the
. ~m:ssmn order the suspenseun of Samuell Chilk, i 1CO's attions m furtherance of a Regulatory impact Survey Heport Secretary of rAe Ca 9mmn nr.. mum posture cond:Uun" at (TR Doc. 90-303:4 FJed udfMc a ($ a:r.1
- otNCY: Nut!(at Frgulatory
' ion harn. undertake en investigation
,,,t, g en,,,,,_, p,
L,ummissmn.
m w riciher license violations have
< an ed initiate an environmental ACitoN: Notice of asadabdev.
ev nt the planned decommissionmg iDocket Hos. 5>528. EF529.and 5>530)
' breharro and devtsa a procesa to
SUMMARY
- The Nuclear Regulatory m.s.dct Shoreham issues. As grounds Commission (NRClis announcing the Arttona Public Service Co., et al. Palo
.or tne requests, the Petitioner 'sserted as adability of SECY W317
- Regulatory Verde Nucleat Generating Station, Unit a
.t 1.lLCO has taken actions that are Impact Survey Report" (dated October Nos.1,2, and 3; Consideration of romstent wtth the premises 9.1WO) for public comment. In issuance of Amendenents to Facility ar,ct riying its license, includmg actions particular, the NRC invites comment or, Opetsting Licenses and Opportunity inat constitute changes to its facihty the issue of consistency and uniformity for Hearing e ithout the Commission's previoug among its recions and among its
@ pion al and that give nse to an inspectors. SECY %347 is available in
.Th.e U.S. Nuclear Ryulatorv uta nitwed safety question, having the NRC Pablic Document Room,21:0 L Commission (the Commissioniis 4.ilowed New Yor State aut onues to Street. Wa shington. DC. telephone I:02)
C. nsidering issuance of amendments to k
h
, mme unauthonted control over the 034-3273. In the fall of 1989, the staff f acihty Opunun,e Ucense Noa. M-41.
NPF-51, and NPI-74, issued to Arizona
! horeham liceme, and having trutlated the regulatory impact survey Public Service Company. Salt River wmenced de facto decommissioning.
(RIS).This effort consuted of three nu de LILCO is taking actions
- hat wdl surveys and was patterned after a Project Agneulturalimprovement and Pown Districh M Pano Ucctnc omport the ultimate filing of a surn ey condur.ted m 1981 to detertmne
&commispomeg appheation.
utihty viewe on the effect of the large Company, Southern Californie Edison Company, Public Service Company of mostmg that the Commissira perform
- r. umber of NRC replatorv Ntiatives a environmental rev4ew under NEPA and requirements imposeo m the wake New hico. Los Angein Depanani of Water and Power and Southem
..ad the regulations of the Cotmnl on of the accident siThree Atile Island Unit California Public Pow at Authenty Environmental Quality.
- 2. As a result of the 1981 survey, NRC
.i nace was published in the Federal nsade a number of changes in its (hnsenh for pualmn of the Palo Verde Nitclear Generat 'tg Station. Unit F.ceister mdicatmp that the Commrssion organization and regulatory practices.
Nos.1,2. and 3 located n klaricopa
}
ms considenna the Petitioners' This RIS was performed to obtain the County. Arirona.The wuest for w sis 54 FR 30077 (Aagust 31,19W)-
perceptioris of the industry and amendments was submitted by latter
{
P:e Director has now completed hio regulatory staff of the effect of NRC's dated November 13.1990.
i caluation of the School Distnet and current activities on the safe operation The proposed changes would increase g.: Petitions and the Petition filed by of nuclear power plants, to assist the the allowable set. point tolerance for the y Long liland Association.The staff in determining if its regulatory pressuizn safety vahn from :Wa I rector has determined that the programs require moddicabon.
b* ' * # " '
E E tytitioners' requeste should be denied SECY W347 contains the senior er the reasorts given in the
- Director a mcnarement's evaluatinn of the results setpoint tolerance fx the main steam 1
INc'smn Pursuant to 10 CFR 2006"(DD.
fg
'[,,'"((/d to safety valves fr m 1:50 psig and 1315 P
I' m) This document is available for n
aspection and copying in the psig plus or minus 1% to the same
= mmission's Pubhc Document Room.
settmg3 plus or minus 3at: reduce the 7c Gdman Buildmg. 2100 L Street NW.,
In acemdance with Nuclear minimum required feedwater flow from
..hinntan. DC 00555. and at the local Regulatory Commissen direction given 750 gpm to 650 rpm; and te3::ce the I
k
.n document room for the Shareham in a staff reqmrements memorandum response time for the hi;;h pressenrer l
mear Pewer Station. Unit 1. at the hW Nmwtn M 1N N caU b prnsure reactor t: p f em 1.15 seconds
- nem Wadmq Ris er Pubhc Library, f"questint pubhc comment on the to 0 5 seconds.
I
. ault 25A. Shcrebam. New York 1178G-proposed corrects, action presented in Before issuance of the preposed
,1 u-the staff paper. SECY ro-347.
license amendme:'ts, the Commission
, ccpy of the Decision wall be fded DATe s:The comment period expecs wdl have made hnings required by the ij ath the Secrttary of the Commission l:nuary 28.1991 Atomic Encryy Act of1951 as amended I
Tederal Register / Vol. 55. No. 219 / Thursdav. Dect mber 27,1WO / Notices 53221 (Me Act) ar.d the Commission's scheduled in the proceedmg a petitioner Snell and Wdmer. 3100 Valley Center.
revu6nons.
- r. hall fde a supplement to the pchucn to phoenix, Arizona M073. attorney for tFe h lanuary 28.1W1. the hcensees may mtenene w hich must include a hst of hcensees f le n request for a heanng with respect the contentions which are sought to be Nontimely fdings of petitions for lease nwance of the amendments to the Liigated in the maner Each contenoon to inten ene. amended pentions, o
s;tnect facihty operatmg hcenses and must consist of a specific statement of supplemental petitms and/or reauests um person whose interest rnay be the issue of law or f act to be raned or far hearma w di not be entertamed dieued by this proceedmg and who controsetted la sddition, the peutwner abaent a determmation by the w nhes to pcticipate an a party in the shall prostde a brief esplananon of the Commission. the presidmg of hcer er the poteeding must file a written petitmn bases of the contention and a concise posiding Atomic Safety and Licensing har lease to intervene. Requesa for a statement of the alleged facts or espert Board. that the peiv : and/or request b ating and pentions for leau ta opmmn which support the contention should be grar.ted I ased upon a ntert ene shall be Ided in accordance and on which the pentioner intends to balancing of the facts specified m io n uh the Commission's " Rules of rely in proving the contention at the CFR 2J14(a)(11[i)-(v) and 2314td).
prxtice for Dn nestic 1.icensing heanna The petitioner rnust also if a request for hear ngis recened the proceedmrr in 10 CFR part 2.
provide references to those specihc Commission's staff may issue the interested persons should consult a sources and documents of which the amendments after 3t rempletes its
< crrent copy of 10 CTR 2314 which is petitioner is awate and on which the techmcal review an'i;nor to the a adable at the Commission's Pubhc pentioner miends to rely to estabbsh completion of an> tewred heanns if it Ducument Room. the Gelman Daddmg.
those fa; s or espert opinion. petitioner pubbshes a further renc* for pubhc
- no L Street NW., Washington. DC must provide sufficient informatmn to comment of its propoted (mdmg of no
- nm and at the Local Pubbc Document show that a penume dispute custs with opmficant hazaros connleranon in Room located at the Phoems pubhc the opphcant on a matenalissue of law accordance with 10 CFR $0S1 and 50 92 1.ibrarv.1: f:ast AlcDowel! Road.
cr f act. Contentmns shall be limited to For further deuds with resuett to this Itoems. Arizona 85004 matters withm the scope of the action. see the apshcattora for if a request for a hentmg or peutmn amendment under consideratior.. The amendment dated November 13. WE for leave to mtervene is hied by the content on must be one which,if prosen. which.s avmlable for pubbe inspection chove date, the Cemmission or an would entitle the peutioner to rehef. A at the Commission's pubhc Document s
Atomic Safety and utensmg Board.
peutioner who fails to fde such a Room, the Gelmin Buildmg. 2120 L designated by the Commission or by the supplement which satishes these 4
Street NW., Washngtora DC 20555. and Chwman of the Atomic Safety and requirements with respect to at icost one at the Incal public document room.
Ucensmg Board panel, wdl rule on the contenhon wdl nt,. be permitted t phca.us pubiit Library, n East request and/or petuion and the parhcipate as a party.
NicDowell Road. Phoenix, Anzona Secretary or the desmnated Atomic Those permitted to intervene become a'
S.dety and Licensu.g Board wdlissue a parties to the proceeding. sublect to any nonce of heanng or un uppropnate bmitations in the order grantmg leave to Daied at Rnckville. hiar> land this Uth de d Dmmtie: W or1er.
intervene.und have the opportunih to As required by 10 CFR 2114. a participate fully in the conduct of the for t'e Nuclear Regulatory Commisuon peutmn for leave to intervene shall set hearing.includmg th.gportumty to charles ht.Trammell.
fotth with particularity the interest of present evidence and cross.examme pmsriucciManager M
.Arectorate the petitioner in the proceedme. and witnesses.
- v. /A mn orscoctor f t w.rs ill//r/r.
how that mterest may be a!!ected by the A request for a heanng or a petition O%ce of Nuck
- Reoucr Rexu/ation.
mhs of the proceedmg The peut:on for leu e to mters ene shall be Ided with me poc. iomi:s rued 12.:ta.) a 45 ami should specifically esplam the reasons the Secretaty of the Commission. U.S.
' w.o coeg nwas.u w hy intervention should be permitted Nuclear Regulatory Commissmn, witt, particular reference to the Washmgton. DC 20555, Atteat on:
lailowmg factors.(1)The nature of the Dockatmg and Service Branch, or muy
{ Docket No. 50 2t91 g
ichuoner s right under the Act to be be dehverLd to the Comrmssion's Pubbe maac a party to the proceedmg;(2) the Document Room. the GtIman Dulldmg.
GPU Nuclear Corp.; Consideration of nature and extent of the petitioner's
- 100 L Street NW.. Washmston. VC, by issuance of Arcendment to Provisional p operty, hnencial, or other interr M in the above date. Where ;ietitians are Operating Ucene end Opportun!ty for the proceedmp. and (3) the possible hled durms the last ten i10) da)s of the Heanng utect of any order which reay be nonce penod. it is requested that the entered m the proceedmg on the petinoner promptly so inform the The U.S. N zicar Regulatory s
pennonerN Interest. The peutien thould Commisaon by a toll. free telephone call Commissmn (the Commission) is slso identify the specific aspect (s)of the to Western Umon at 1400-3M000 (in considering issuance of an amendment iatacet matter of the preteedmg as to htissoun 1-a00-J42-6700). The Western to Provtsional Operstmg License No.
..wh rett;o er wishes to intervene.
Union operator should be niven DpR-16. Issued to Cpu Nuclear
)
N've to mtervene or who has beenperson who has ided a petition for D;..aurara idenhcanon Nurnber 3737 and Corpora tion (GpuN. the licens'.e). for N
'ea the following message addressed to operauon of the Oyster Creek Nuclear admitted us a party may amend the bmes E. Dyer: petihoner's name and Generatmg Station beated m Ocean rentum without requestmg lease of the telephone number; date pe: mon was Count). New Jersey.
Doard up to hiteen (15) days pnot to the maded. plant name; and pubbcanon The amendment would revise t M rehearma conference scheduled in date and page number of this rederal Techmcul Specification Table 4.13-1.
f the prxeedmg. but such an amended Register notice. A copy of the petition Item 1 to extend the channe.
6 Fution must sausfy the speciheny should also be sent to the Off.e cf the ca;ibrations for the Primary and Safety J
requirements desenbed above.
General Cotmsel U.S. Actear Valve position Indicator (Primary Nat later than hiteen (15) days pnot to Regulatory Commissian. Washr.gton.
Detectorh the Rehef and Safety Valse the hrst preheanna conference DC 00555 and to Arthur C. Gehr. Eng, position Indicator (Dackup indicahonal.
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