ML20094J296

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Notice of Consideration of Issuance of Amend to License DPR-16 & Proposed NSHC Determination & Opportunity for Hearing.Amend Deletes auto-start Logic of Containment Spray Sys
ML20094J296
Person / Time
Site: Oyster Creek
Issue date: 03/05/1992
From: Stolz J
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20094J298 List:
References
NUDOCS 9203120303
Download: ML20094J296 (5)


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4 7590-01 VNITED STATES NUCLEAR REGULATORY COMMISSION EV_lELE AR CORPORATIEN DOCKET NO. 50-219 NOTICE Of C0tGIEERATION OF ISSUANCE OF AMEN 0 MENT TO FAClllTY OPERATING LICENSE AND OPPOR10NITY FOR HEARING 1he U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to facility Operating License No. DPR-16, issued to GPU Nuclear Corporation (GPUN, the licensee), for operation of the Oyster Creek Nuclear Generating Station located in Ocean County, New Jersey.

The proposed amendment would delete the Auto-Start logic of the Containment Spray System by plant modifications in the 14R refueling outage, in order to achieve this and not be in violation of the Appendix A Technical Specifications, the Technical Specifications Change Request proposes revisions to Technical Specifications 3.1 and 3.4 Bases sections; deletion of the Instrumentation requirements of Table 3.1-1 Section E; deletion of the Containment Spray System from Table 4.1.2 (which lists surveillance test frequencies for Automatic Trip Systems); and deletion of the surveillance requirement of Technical Specification 4.4.C.2 for auto-start actuation test.

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 Comission's regulations.

By April 13,- 1992

, 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 9203120303 920305 DR ADOCK OSOOO'g9

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4 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 flied in accordance with the Commission's " Rules of practice for Domestic Licensing i

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 20555 and at Room, the Gelman Building, 2120 L Street, NW., Washington, DC the local public document room located at the Ocean County Library, Reference if a request Department, 101 Washington Street, Toms River, New Jersey 08753, for a hearing or petition for leave to intervcne is filed by the above date, the Commission or an Atomic Safety and Licensing Board Panel, 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 panel 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 The how that interest may be affected by the results of the proceeding, petition should specifically explain the reasons why intervention should be (1) the nature permitted with particular reference to the following f actors:

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 proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the Any person who has proceeding as to which petitioner wishes to intervene.

filed a petition for leave to intervene or who has been admitted as a party

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may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first pre-hearing 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 cor,sist 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 ba;es of the contention and a concise statement of the alleged f acts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearir.g.

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 Contentions shall be limited to matters within the scope of of law or f act, the anendment 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 and cross-examine witnesses.

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i A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:

Docketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC 20$55, by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner proftptly so inform the Commission by a toll-free telephone call to Western Union at 1-(800) 225-6000 (in Missouri 1-(800) 342-The Western Union operator should be gisen Datagram Identification 6700).

Number 3737 and the following message addressed to John F. Stolz: petitioner's name and telephone number; date petition was mailed; plant name; and A copy of publication date and page number of this FEDERAL REGISTER notice.

the petition should also be sent to the Office of the General Counsel, U.S.

Nuclear Regulatory Commission, Washington, DC 20555, and to Ernest L. Blake, Jr., Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NW.,

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 Commission, the presiding officer or the presiding Atomic Safety and Licensing Board Panel that the petition and/or request should be granted based upon a balancing of the facters specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(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 further notice for public

5 comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.

For further details with respect to this action, see the application for amendment dated february 19, 1992, which is available for public inspection at 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 i

the Ocean County Library, Reference Department, 101 Washington Street, Toms River, New Jersey 08753.

Dated at Rockville, Maryland, this 5th day of March 1992 FOR THE NUCLEAR REGULATORY COMMIS510N W

foh 'T. Stolz, Director (Pr ett Directorate 1-4 bt sion of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation

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