ML20099K497
| ML20099K497 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 07/28/1992 |
| From: | Leeds E Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20099K498 | List: |
| References | |
| NUDOCS 9208260247 | |
| Download: ML20099K497 (5) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION TQLEDO EDISON COMPANY CENTER 10R SERVICE COMPANY THE CLEVELAND ELECTRIC ILLUMINATING COMPANY DOCKET NO. 50-346-NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT 10 FACILITY OPERATING LI. CENSE AND OPPORTUNITY FOR HEARING The_U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to facility Operating License No. NPF-3 issued to Toledo Edison Company, Centerior Service Company, and the Cleveland Electric Illuminating Company (the licensee) for operation of the Davis-Besse Nuclear Dcwer Station, Unit No. 1 located in Ottawa County, Ohio.
The proposed ameadment would revise Technical Specification (TS) 3/4.1.3.1, " Group Height - Safety and Regulating Rod Groups," and TS 3/4.1.3.3, " Position Indicator Channels."
The revision would make ad'ainistrative changes to the TS 3/4.1.3.1 Action statement to clarify the proper progression of the Action statement.
TS 3/4.1.3.3 would be revised to clar.ify the applicability of the Action statement, and to allow startup or power operation to continue provided'the absolute position indicator. channels are operable for_the affected control. rods.
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.
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.. By September 4, 1992
, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject iacility 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 document room located at the University of Toledo Library, Documents Department, 2801 Bancroft Avenue, Toledo, Ohio 43606.
If a request for o hearing or petition for leave to intervene 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 Licensir.g Board Panel, will rule on the request and/or petition; and the Secretary or the designated Atomic Safety and Licensing Board Panal 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 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 u
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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 fif teen
_(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 fifteen (15) days prior to the fir:,t 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 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 cf 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 sources and documents of which t..e petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion.
Petitioner must provide sufficient infcrmation j
to show that a genuine dispute exists with the applicant on'a niaterial issue of law or fact.
Contentions-shall be limited to' matters within the scope of l
the amendment under consideration.
The contention must be one which, if proven, would entitle the petitioner to relief.
A petitioner who fails to
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file suchla supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
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_4 Those permitted to intervene become parties to the proceeding, subject
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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-t< amine witnesses.
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:
Dacketing and Services Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street. NW., Washington, DL 20555, by the above date.
Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner promptly so infenn the Commission by a toll-free telephone call to Western Union at 1-(800) 325-6000 (in tiissouri 1-(800) 342-6700).
The Western Union operator should be given Datagram identification Number N1023 and the following message addressco to John N. Hannon:
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 Commission, Washington, DC 20555, and to Jay E. S11 berg, L
Esq., Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N.W., Washington, D.C.
20037 attorney for the licensee.
Nontimely filings of netitions 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 Panel that the petition and/or request should be granted based upon a balancing of the f actors 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 prior to the completion of any required hearing if it publishes a further notice for pubile 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 April 30, 1992, which is available for public inspection at the Commission's Public Document Room, the Gelman Building, 21201. Street, NW., Washington, DC 20555 and at the local pubile document room located at The University of Toledo Library, Document Department, 2801 Bancroft Avenue, Toledo, Ohio 43606.
Dated at Rockville, Maryland, this 28th day of July 1992.
FOR THE NUCLEAR REGULATORY COMMISSION
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f Eric ILeeds,ActingDirector Project Directorate 111-3 Division of Reactor Projects Ill/IV/V Office of Nuclear Reactor Regulation
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