ML20114F822
| ML20114F822 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/17/1970 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | |
| Shared Package | |
| ML093631134 | List:
|
| References | |
| SECY-84, SECY-R-84, NUDOCS 9210130327 | |
| Download: ML20114F822 (1) | |
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Un4Tt:0 STATES or thERICA ATal!C ENE3tGY C01911SSION in the Matter of
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CONSOLIDATED EDISON COMPANY OF
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Docket No. $0-247 NEJ YORK, INC.
)
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(Indian Point Nuclear Cenerating )
Unit No. 2)
)
NOTICE OF 1 EARING ON AN OPDLATING LICENSE Pursuant to the Atomic E tergy Act of 1954, as amended (the Act), and the regulations in Title 10, Code of-Federal Regulations, Part 50
' Licensing af Production and Utilisation Facilities," end Part 2, " Rules of Practice," netice is sereby given that a hearing will be held at 19:00 a.m. local time, oa December 17, 1970,- in the New York state Armory, 955 Washington Street, Peekskill Few York, to consider the application filed under 8104(b) of the Act by Consolidated Edison. Company of New York, Inc. (applicant), for an operating license which would authorize the operatioa of a pressurized water nuclear power reactor (facility) at steady-state power-levels up to a maximum of 2758 mega.
watts thernal at the applicant's -Indian Point plant in the town of Duchanan in Westchester County approximately 24 miles north of New York City, New York.
Tte applicant on October 6,'1970, requested that I
this public hearing shot 1d be held, and the Atomic Energy Commission has l
determined that the reqt.est for a hearing should be_ granted.
The hearing will be conducted by an atomic safety and licensing board l
designated by the Atomic Energy Commission (Commission), consisting of e u s.
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4 2-4 Dr. John C Geyer. Baltimore, Maryland; Mr. R. B. Briggs, Oak Ridge,
)
Tennessee; and Samuel W, Jensch, Esq., Washington, D. C., Chairman.
Dr. ialter H. Jordan, Oak Ridge, Tennessee, has been designated as a technically qualified alternate, and J. D. Bond Esq., Derwood,
!!aryland, hst been designated as an alcernate qualified in the conduct of administrative proceedings.
1 Construction of the reactor was auth>rized by Provisional Construction Permit No. CPPR-21 issued by the Comnission on October 14, 1966, follow-3 ing a public hearing.
A prehearing conference will be held on December 1, 1970, at 10:00 a.m.
local time at the Hendrik Hudson High School Auditorium, Albany fast Road, Montrose, New York, to consider pertinent matters in' accordance with the Commission's Rules of Practice," 10 CFR Part 2, including Section II of Appendix A.
i The issues to be considered at the hearing will be the following:
1.
Jhether construction of the facility has been substantisily completed, in conformity with the constructior, permit and the i
application as amended, the provisions of the Act, and the rules and regulations of the Commission; 2.
4hether the facility will operate in conformity with the application as mnended, the provisions of the Act, and the rules and regulations of the Commission;
1 i
l 3
thether t here is reasonable assurance (i) that the activities J.
authorized by the operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in cropliance with the regulations of the Commission; 4.
thether the applicart is technically and financially qualified to engage in the act ivities authorized by the operating license i
in accerdance with t ne regulations of the Commission; 4hether the app 11calle provisions of 10 CFR part 140, " Financial t
Protection Requireme nts and Indemnity Agreement;," of the Com-missior 's regulation s have been satisfied; and 6.
thethen the issuance of the lice nse will be inimical to the common defense and recurity or to the health and safety of i
the public, t
Ihile the matter of the full power license is pending before the atomic safety and licensing board, the board may, upon motion in writing, con-i sider and act upon such request as :he applicant may make for an operating license au:horising fuel loading and low po-er testing (operation at not more than one percent of full power for the testing of the facility).
for authorization for fuel loading and low power testing will Any request j
be expeditiously considered and acted upon when it is made. Any such action by the atomic safety and Itcensing board shall be taken with due
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4 regard to the rights of all parties to the p.
2ng including the right of any party to be heard to the extent that his contentions are relevant to the activity to be authorized.
Prior to taking any such action, the atomic safety and licensing board shall, with respect to any contested activity to be authorized, make appropriate findings in the form of an initial decision on the issues specified in this notice of hearing.
If no party opposes the motion, the board will issue an order pursuant to 10 CFR E2.730(e) of the Commission's " Rules of Practice,"
authorizing the Director of Regulation to make appropriate findings on the matters specified in this notice of hearing and to issue a license for the requested operations.
As they become available, the application, the proposed operating license, the applicant's summary of the application, the report of the Commission's i
Advisory Committee on Reactor Safeguards (ACRS) and the Safety Evaluation by the Commission's regulatory staff will be.placed in the Commission's Public Document Room, 1717 H Street, N. W., Washington, D. C., where they will be available for inspection by members of the public. Copies of this notice of hearing, the proposed operating license, the ACRS report, the applicant's summary of the application and the regulatory staff's Safety Evaluation will also be available at the Hendrik Hudson Righ School, Albany Post Road, Montrose, New York, for inspection by members of the public on Mondays to Fridays betweet. the hours of 7:30 a.m. and 4:30 p.m.
and Honday evening between the hours of 7:00 p.m. and 9:00 p.m.
Copies of the proposed operating license, the ACRS report and the regulatory i
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staff's Safety Evaluation may be obtained by request to the Director of the Division of Reactor Licensing, United States Atomic Energy Com-i f
mission, Washington, D. C.
20545.
Any person who wishes to make an oral or written statement in this i
{
proceeding setting forth his position on the issues specified, but j
l who does not wish to file a petition for leave to intervene, may request I -
permission to make a limited appearance pursuant to the provisions' of 10 CPR 12.715 of the Commission's " Rules of Practice." Limited appear--
i j
ances will be permitted at the ' time of the hearing in the discretion of i
the board, within such limits and on such conditions as may be fixed by j
the board.
Persons desiring to make a limited appearance are requested to inform the Secretary of the Commission, United States Atomic Energy i
Commission, Washington, D. C.
20545, by November 27, 1970.
l Any person whose interest may be affected by the proceeding who does not l
wish to make a limited appearance and who wishes to participate as.a party in the proceeding must file a petition for leave to intervene.
Petitions for leave to intervene, pursuant to the provisions of 10 CPR 52.714 of the Commission's " Rules of Practice," must be _ received in the 4
Of fice of the Secretary of the Commission United States Atomfi Energy Commission, Washington, D.
C., 20545, Attention: ~ Chief,' Public Proceedings j
Branch, or the Commission's Public Document Room, 1717 H Street, N.
W.,
4 i
Washington, D. C., not-later than November 27, 1970. 'The petition shall-i d
o d
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set forth the interest of the petitioner in the proceeding, how that l
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interest may be affected by Commission action, and the contentions of l
j the petitioner in reasonably specific detail. A petition which sets forth contentions relating only to matters outside the Commission's i
jurisdiction will be denied.
A petition for leave to intervene which 3
is not timely filed will be denied unless the petitioner shows good cause for failure to file it on time.
1 i
A person permitted to intervene becomes a party to the proceeding, and has all the rights of the applicant and the regulatory staff to parti-i i
cipate fully in the conduct of the hearing. For example, he may examine I
and cross-examine witnesses.
A person permitted to make a limited appear-ance does not become a party, but may state his position and raise questions which he would.like to have answered to the extent that the questions are t
within the scope of the hearing as specified in the issues set out above, A member of the public does not have the right _to participate unless he has been granted the right to intervene as a party or the right of limited
[
appearance.
i An answer to this ' notice, pursuant to the provisions of 10 CTR 82.705 of ~
the Commission's " Rules of Practice," must be filed by the applicant on l
f or before November 27, 1970.
t l
Papers required to be filed in this proceeding may be filed by mail or telegram addressed to the Secretary of the Commission, United States _ Atomic Energy Commission, Washington, D. C.
20545, Attention:. Chief Public Pro-i
4 I
j !
4 i
ceedings Branch, or may be filed by delivery to the Comission's Public Document Room, 1717 H Street, N.
W., Washington, D. C.
1 1
j Pending further order of the board, parties are required to file, pursuant to the provisions of 10 CFR 52.708 of the Comission's " Rules of Pract/se,"
4 an original and twenty conformed copies of each such paper with the 4
i Comis s ion.
I With respect to this proceeding, the Comission has delegated to the Atomic Safety and Licensing Appeal _ Board the authority and the review function i
j which would otherwise be exercised and performed by the Comission.
The 1
l Comission has established the Appeal Board pursuant to 10 CFR 62.785 of j
the Comission's " Rules of Practice" and has made the delegation pursuant-to subparagraph (a)(1) of this section.
The Appeal B'oard is composed of the Chaiman and Vice-Chairman of the Atomic Safety and Licensing Board,
Panci and a third member who is technically qualified and designated by the Comission.
The Comission has designated Dr. Lawrence-Quarles Dean of~the School of Engineering and Applied Science, The University of Virginia, as this third member.
UNITED STATES ATCliIC ENERGY COMMISSION A
c_n-BY:
"f
.W. B. McCool Dated at Mashington, D.
C.
Sacretary of the Co::=icsion this-13thday of November,1970.
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