ML20083D344
| ML20083D344 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 09/18/1991 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20083D346 | List: |
| References | |
| NUDOCS 9109300201 | |
| Download: ML20083D344 (5) | |
Text
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7590-01 P.NJ,T,E D, 5,T,A,T E,5, !!pCLE,A3, pf,Gy,Lp,Tpp,Y, C OMM S S I O N GPO NUCLE,AR,, CORP,0,RA.TJ,0N' COCKET NO. 50-219 t.CTICE OF CONSIDEP.ATION OF ISSUANCE OF AMENDt'ENT TO FACILITY OPEPATING LICENSE AND OPPCRTUNITY F0,R HEARING The U.S. fluclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. OPR-16, issued to CPU t'uclear Corporation (GPUN, the licensee), for operation of the Oyster Creek Nuclear Generating Station located in Ocean County, New Jersey.
The proposed aniendment would revise Technical Specification Sections 4.2.A. and a.?.C.1 to delete restriction that the refueling outage interval is not to exceed 20 months.
Tiiis revision would accommodate implementation of a 21 month operating cycle with a three month refueling outage. The specification relates to control rod scram time testing.
Before issuance of the proposed license amendment, the Concission will have n.ade findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Connission's regulaticr.s.
By October 25, 1991
, 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 p.oceed-ing and who wishes to participate at a party in the proceeding must file a written request'for a hearing and a petition for laave to intervene. 'Aequests l
for a hearing and a petition for leave to intervene shall be filed in accordance i
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. with the Commission's " Pules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFP 2.714 which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street, i;W., Washington, DC 20555 and at the local public document room located at the Ocean County Library, Reference Department,101 Washington Street, Toms River, New Jersey 08753.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Cor.. mission 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 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; (2) the nature and extent of the petitioner's property, financial, or other interest in t,he
_ proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify _the specific aspect (s) of the suoject 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 a
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. requesting leave of the Board up to fifteen (15) days prior to the first pre-hearing conference scheduled in the proceeding, but such an an. ended petition nust satisfy the specificity requirements described above.
tiot later than fif teen (15) days prior to the first prehearing conference scheduled in the proceeding, a petiticner 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 ar f act 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 snurces 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 entitle the petitioner to relief.
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, 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 ano cross-examine witnesses.
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. A request for a hearing or a pet ition for leave to intervene must be filed with the Secretary of the Commissinn, II.S. t:uclear Pegulatory Commission, Washington, DC 20555, Attention: Docketing ard Services Branch, or may be delivered to the Conmission's Public ('ocument Poom, the Gelman Building, 2120 L Street,f;W. Washington, DC 20555, by the above date.
Where petitions are filed during the last ten (IC) days of the notice peric(', it is requested that the petitioner promptly so inform the Commission by a toll-free telephone call to Western Lnion at 1-(800) 325-6000 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification fiumber 3737 and the following message addressed to John F. Stolz:
petitioner's name and telephone nunber; date petition was mailed; plaint name; and pt.t lication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Of fice of the General Counsel, U.S. fluclear Regulatory Conmission, Washington, DC 20555, and to Ernest L. Blake, Jr., Esquire, Shaw, Pittman, Potts, and Trowbridge, 2300 N Street, tiW., Washington, DC 20037, 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 Conmission, the presiding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2_714(d).
If a request for a hearing is received, the Commission's staff may issue the amendment af ter it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of
5 its prer.osed finding of no significant hazards consideration in accordance with IC CFR 50.91 and 50.92.
For further details with respect to this action, see the application for anendment dated August 29, 1991, which is available for public inspection at the Cormission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the local public document room, located at the Ocean County Library, Reference Department,101 Washington Street, Tems Fiver, f:ew Jersey 08753.
Cated at Pockville, Paryland, this 18th day of September 1991.
FOR THE NUCLEAR REGULATORY COMMISS10tl
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t John F. Stolz, Director Pro ' ct Directorate 1-4 Dir sion of Reactor Projects - I/II Office of Nuclear Reactor Regulation
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