ML20129A113
| ML20129A113 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Indian Point |
| Issue date: | 10/17/1983 |
| From: | Varga S Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20127A737 | List:
|
| References | |
| FOIA-84-794 NUDOCS 8506040471 | |
| Download: ML20129A113 (10) | |
Text
,
0 t
a locT I 7 sg 7590-01 UNITEDSTATESNUCLEARREGULATORYCOMMI$SION CONSOLIDATED EDIS0N COMPANY OF NEW YORK DOCKET NO. 50-247 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICEN$E AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Commission (the Connission) is considering issuance of an amendment to Facility.0perating License No. DPR-26, issued to Consolidated Edison Company of New York (the licensee), for operation of the Indian Point Nuclear Unit No. 2 located in Westchester County, New York.
The amendment would revise the Technical Specifications to reflect pro-visions consistent with the appropriate Edition and, Addenda of Section XI of theASMEBoilerandPressureVesselCode,inacckrdancewiththelicensee's application for amendment dated May 5,1977.
Specifically the inservice inspection requirements'in section 4.2 of the Technical Specifications would be replaced with a conunitment to an inservice inspection program as specified in 10 CFR 50.55a.
This change is an addition of requirements into the Techni-r.al Specifications since the requirements of Section XI of the ASME Boiler and Pressure Vessel Code are more comprehensive than those in the current Technical Specifications.
Before issuance of the proposed license amendment, the Conunission will have made findings required by the Atomic Energy Act_of 1954, as amended (the Act) and the Commission's regulations.
4.
8506040471 841108 PDR FDIA ADATOS4-794 PDR
e t
7590-01 2-The Commission has made a proposed determination that the amendment request -involves no significant hazards consideration. Under the Commission's regulations in 10 CFR 50.92, this means that' operation o,f the facil'ity in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility.of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety.
~
The Commission has provided guidance concerning the application of the standards for a no significant hazards-determination by providing certain examples (48 FR 14870). One of these examples (ii) of actions not likely to involve a significant. hazards consideration relates'to changes that constitute additional restrictions or controls not presently included in the Technical Specifications. Since the proposed change involves additional commitments to inservice inspection not currently in the Technical Specifications, the staff proposes to determine that the application does not involve a signifi-cant hazards consideration.
The Commission is seeking public comments on this proposed determination.
Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.
The Commission will not normally make a final determination unless it receives a request for a hearing.
9
-j. - -
y r-7590-01 Comments should be addressed to the Secretary of the Commission, U. S.
Nuclear Regulatory Commission, Washington, D.C.
20555, Attn: Docketing and Service Branch.
By November 28, 1983, the licensee may file a request for a hearing with respect to issuance of the*amendnent 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 file a written petition for leave to intervene.
Request for a hearing and petitions 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.
If a request for a hearing or petition for leave to intervene is filed by the above dat'e, the Commission or an Atomic Safety and Licensing Board, 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 desig-nated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order."
As required by 10 CFR 92.714, 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 inter-vention shouid 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 a
- w my....
~
=
+;
... c o 7590-01
, 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 betition should also ide'ntify 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 fifteen (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 first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petitiontointervenewhichmustincludealistbfthecontentionswhichare sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity.
Contentions shall be limited to matters within the, scope of the amendment under consideration. A petitioner whn 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, t
%i t
.+
b t
7590-01
- If a hearing is requested. the Commission will make a final determina-tion on the. issue of no significant hazards consideration. The final deter-minationwillservetodecidewh5nthehearingisheld.'
If the final detemination is that the amendment request involves no significant hazards consideration, the Comission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
If the final determination is that the amendment involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Normally, the Conimission will not issue the amendment until the expiration of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Comission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration.
The final determination will consider all public and State coments received.
Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing af ter issuance.
The Comission expects that the need to take this action will. occur very infrequently, e
s
-opG.. r hm i
w 7590-01
. A request.for a hearing or a petition for leave to intervene must be filed with the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, D. C.
20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room 1717 H Street, N.W., Washington *, D.C.', 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 inform the Comission by a toll-free telephone calltoWesternUnionat(800)325-6000(inMissouri(800)3425700).
i'ne Western Union operator should be given Datagram Identification N' umber 3737 and th following message addressed to' Steven A. Varga, Chief, Operating Reactors Branch No.1.,, Division of Licensing: petitioner's name and telephone number; date petition.was mailed; plant name; and. pu'blication date and page number of this FEDERAL REGISTER notice. A copy of the' petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission.
Washington, D.C.
20565, and to Thomas J. Farrelly, Esquire, 4 Irving Place, New York, New York' 10003, 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 Comission, the presiding officer of the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request.
That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) e and 2.714(d).
g;
b
- 4 7590-01
.. For further details with respect to this action, see the application for amendment which is available for public inspection at the Connission's Public Document Room, 1717 H Street, N.W., Washington, D C., and at the White Plains Public Library,100 Martine Avenue, White Plains, New York 10610.
Dated at Eethesda, Maryland, this 17th day of October 1983 FOR THE NUCLEAR REGULATORY COMMISSION l[
r 1
a'r e
4 Operating Reactors @ anch 91 Divison of Licensing 3
i O
i b
4
(
i k
r.'. a
?i;.
4 4 i Federal Register / yol. 48. No.145 / Wednesc'ay, July 27. 1983 / Notices 34167 of the meeting when a transc'ript is be'ing the Designated Federal Employee as farof 1.0 gpm would be modilled on a one-kept, and questions may be asked only in advance as practicable so that time temporary basis to a less. restrictive by members of the Subcommittee. its appropriate arrangementa can be made sten,on of 1.0 to 5.0 gpm. We found a consultants, and Staff. Persons desiring to allow the necessary time during the si nitar criterion to be acceptable for the to make oral statem ts should notify meeting for euch statements.
6 st refueling outage pending the Designated Fed al Employee as far ne entire meeting will be open to ampletion of a long term review of the in advance as prac cable so that public attendance.
licensee's proposal. no long term appropriate arrang ments can be made ne agenda for subject meeting shall review is now being handled on a to allow the neces ry time during the be as followk generic basis which has further delayed the final resolution of the p!V's leak rate I
meeting for such stjitements.
Wednesday. August 17.1983-a:30 The entire meetin a.m. until the conclusion ofbusiness criteria. -
public attendance] g will be open to The Subco ttee will hear reports The revisions to the Technical The agenda for subject meeting shall from indus on the detection and Specifications would be in accordance be as follows:
sizing of flaw and repair of with the licensee's application for Friday. August J9.1983-a:30 o m.
intergranular tress corrosion cracking amendment dated july 8,1983.
untilthe conclusion of busmess.
(ICSCC)in la le diameter primary Before issuance of the proposed The Subcommit ee will meet to review license amendment, the Commission the status of Emeq)gency Procedure piping in DWR i.
During the ir itialportionof the will have made findings required by the Guidelines and Energency Operating meeting, the Su bcommittee, along with Atomic Energy Act of 1954, as amended Procedures.
any of its const llants who may be (the Act) and the Commission's During the initialportion of the present, may e) change preliminary regulations.
meeting the Subcammittee, along with views regarding matters to be The Commission has made a proposed any ofits consultants who may be considered duril tg the balance of the determination that the amendment present. will exchpnge preliminary meeting.
~
request involves no significant hazards views regarding ruatters to be The Subcomm ttee will then hear consideration. Under the Commission's considered durity the balance of the pmentatiam by and hnid disenesinne regnhtinm in 10 CFR m ez, this rnenn, with representat ves of the NRC Staff, that operation of the facility in Th ubcommi ee will then hear its consultants. a nd other interested accordance with the proposed presentations by nd hold discussions persons regardityg this review.
arnendment would not (1) involve a with representati es of the NRC Staff, Further inform ition regarding topics significant increase in the probability or their consultants, and other interested to be discussed. whether the meeting consequences of an accident previously persons regardind this review.
has been cancell rd or rescheduled. the evaluated; or (2) create the possibility of p s to be Chairman's rulin;; on requests for the a new or different kind of accident from dis b e".
pportunity to pr rsent oral statements any accident previously evaluated; or (3) g,
been cancelled on rescheduled, the and the time alloi ted therefor can be involve a significant reduction in a Chairman's ruling on requests for the btamd by a pra paid telephone call to margin of safety.
opportur.ity to present oral statements the cognizant Deoignated Federal The Commission has provided and the time s!!otted therefor can be Employee. Mr. El sidio Igne (telephone guidance concerning application of obtained by a prepaid telephone call to 202/634-1414) be ween 0:15 a.m. and standards considered likely not to the cognizant Designated Federal 5.00 p.m., Ef)T.
involve significant hazards Employee. David Fischer (telephone considerations by providing certain 202/634-1414) between 8.15 a.m. and Dated: July 21. im.
5:00 p.m e.d.t.
John C. Hoyle, }
examples (48 FR 14870). An example P[' * * * *0" * ' "
0
'P Dated: luly 21,19ss, Adviso y Commllt fanagement Officer.
V(*
John C. Hoyle, lyn oas. es.am m aos ami demonstration of acceptable operation Advisory Committee Management Officer.
from an operating restriction that was int on saanes Neo-aws; ass..I imposed because acceptable operation su m ocooeremeus (Docket No. 50-344) was not yet demonstrated. Uls assumes
(
that the operating restriction and the Alabama Power Co.; Consideration of criteria to be applied to a request for Advisory Committee on Reactor Isauance of Amendment to Facility selief have been established in a prior Safeguards, Subcommittee on Mental Operating License and Proposed No review and the t it is justified in a Components; Meeting Significant Hazarda; Consideration satisfactory way that the criteria have he ACRS Subcommittee on Metal DeterminaHon and Opportunity for been met."
Components will hold a meeting on Hearing
%e licensee has determined that the August 17,1983 Room 1046.1717 H
%e U.S. Nuclear Regulatory change request is consistent with Street NW Was!!n6 ton, D.C.
Commission (the Commission)is example (iv). We agree. The 1.0 gpm In accordance w!ith the procedures considering issuance of an amendment criterion was established during the outlined in the Federal Register on to Facility Operating License No. NPF-a.
Unit No. z licensing process. Later, a October 1.1982 (47 FR 43474), oral or issued to Alabama Power Company (the smaller group of Pive on Unit No.1 written statements may be presented by licensee), for operation of the Joseph M.
were given a leak rate enterion of 1.0 to members of the public, recordings will Farley Nuclear Plant Unit No. 2 located 5.0 gpm which is less restrictive. The be permitted only during those portions in Houston County, Alabama.
Iicensee has requested this less of the meeting when a transcript is being The amendment would modify restrictive criterion now for Unit No..
kept, and questions may be asked only Technical Specifications for the startup We are reviewing the matter as it t
l by members of the Subcommittees, their from Cycle 2 refueling in the area of appears generic to all plants licensed consultants, and Staff. Persons desiring pressure isolation valves (P!vs) leak about the time of Unit 2. On this basis, to make oral statements should notify rate test criteria.no existing criteru we cannot at this time agree that the b DNt '
L l
d/. ;,.. ]...i./....:
l
34[68 Federal Regleter / Vol. 48. No.145 / Wedneed:y. July 27. 1983 / Notices Unit 1 criteria can be used for Unit No. 2 following factors:(1)The nature of the to act in a timely way would result. for Indefinitely. However, ainee the lloonsee petitioner's right under the Act to be example. in dorating or shutdown of the has shown by actualtesting of the sa made a party to the proceeding:(2) the facility, the Commission may issue the valves in question on Unit No, a that the nature and extent of the petitioner's license amendment before the 1 spm maximumleak rate criteria was property, financial, or other interest in expiration of the 30-day notice period, cverly conservative, we would allow the the proceeding: and (3) the possible provided that its final determination is proposed criteria for one additional effect of any order which may be that the amendment involves no' time. We granted a similar one. time entered in the proceeding on the s!gnificant hazards consideration. no request by the licensee in License petitioner's interest.The petition should final determination will consider all Amendment No. 20. dated November 24 also identify the specific aspect (s) of the public and State comments received.
1982, for the startup from Cycle 1 subject matter of the proceeding as to Should the Commission take this action, refueling outage. We have reviewed the which petitioner wishes to intervene.
It will publish a notice of issuance and t:st data taken during the previous tests Any person who has filed a petition for provide for opportunity for a hearing cf the plV's and agree that it is justified leave to itnervene or who has been after issuance. The Commission expects again but ocly en a one-time basis.
admitted as a party may amend the that the need to take this action will Therefore, based on these petition without requesting leave of the occur very infrequently.
c:nsideret;nos the Commission has Board up to fifteen (15) days prior to the A request for a hearing or a petition made a proposed detenninetion that the first prehearing conference scheduled in for leave to intervepe must be filed with cmendment request involves no the proceeding, but such an amended the Secretary of the Commission U.S.
significant hasards consideration.
petition must setisfy the specificity Nuclear Regulatory Commission.
The Commission is seeking public requirements described above.
Washington D.C.20555. Attention:
comments on this proposed Not later than fifteen (15) days prior to Docketing and Service Branch, or may d; termination. Any cornments received the first prehearing confarence be delivered to the Commission's Public within 30 days after the date of.
scheduled in the proceeding, a petitioner Document Room.1717 H Street NW.,
publication of this notice will be shall file a supplement to the petition to Washington. D.C., by the above data.
considerM in making any final intervene which mustinclude a list of Where petitions are filed during the last detern:! nation.The Commission will not the contentions which are sought to be ten (10) days of the notice period,it is n:rmally make a final determination litigsted in the matter, and the bases for requested that the petitioner promptly so unless it receives a request for a each contention set forth with inform the Commission by a toll. free hearing.
reasonable specificity. Contentions shall telephone call to Western Union at (800)
Comments should be addressed to the be limited to matters within the scope of 325-6000 (in Missouri (800) 342-6700).
Secretary of the Commission. U.S.
the amendment under consideration. A ne Western Union operator should be Nuclear Regulatory Commission.
petitioner who fails to Ble such a given Datagram Identification Number Washington.D.C. 20555. Attention:
supplement which satisfies these 3737 and the following message Docketing and Service Branch.
requirements with respect to at least one addressed to Steven A. Varga. Chief.
By Augut 26,1983, the licensee may contention will not be permitted to Operating Reactors Branch No.1.
file a request for a bearing with respect participate as a party.
Division of Ucensing: petitioner's name to issuance of the amendment to the Rose permitted to intervene become and telephone numben date petition subject facilit operating license and parties to the proceeding, subject to any was mailed; plant name; and publication cny person w ose interest may be limitations in the order granting leave t date and page number of this Federal affected by this proceeding and who mtervene, and have the opportuni t Register notice. A copy of the petition wishes to participate as a party in the participate fully in the conduct of e
should also be sent to the Executive proceeding must file a written petition hearmg. Including the opportunity t Legal Director. U.S. Nuclear Regulatory for leave to intervene. Request for a present evidence and cross. examine Commission. Washington. D.C. 20555, hearing and petitions for leave to witnesses.
and to George F. Trowbridge. Esquire, intervene shall be filed in accordance If a hearing is requested, the 800 M Street. NW., Washington, D.C.
with the Commission's Rules of Commission will make a final 20036, attorney for the licensee.
Practice for Domestic Licensing determination on the issue of no Nontimely filings of petitions for leave Proceedings" in 10 CFR Part 2. lf a significant hazards consideration.The to intervene. amended petitions, request for a bearing or petition for final determination will serve to decide leave to intervene is filed by the above when the hearing is held.
supplemental petitions and/or requests dite, the Commission or an Atomic if the final determination is that the for hearing will not be entertained i,
Safety and Ucenstng Board, designated amendment request involves no absent a determination by the by the Commission or by the Chairman significant hazards consideration. the Commission, the presiding officer or the cf the Atomic Safety and ucensing Commission may issue the amendment Atomic Safety and Ucensing Board Board Panel, will rule on the request and make it effective.notwithstanding designated to rule on the petition and/or cnd/or petition and the Secretary or the the request for a hearing. Any hearing request, that the petitioner has made a d;signated Atomic Safety and Licensing held would take place after issuance of substantial showing of good cause for l
0:ard willissue a notice of hearing or the amendment.
the granting of a late petition and/or an appropriate order.
If the final determination is that the request. That determination will be As required by to CFR 2.714. a
- amendment involves a significant based upon a balancing of the factors i
petition forleeve to intervene shall set hazards consideration, soy hearingheld specified in 10 CFR 2.714(a)(1) (iHv) l forth with particularity the interest of would take place before the issuance of and 2.714(d).
the petitioner in the proceeding, and any amendment.
For further details with respect to this how that interest may be affected by the Normally, the Commission will not action. see the application for results of the proceeding.The petition issue the amendment until the amendment which is available for public should specifically explain the reasons expiration of the 30 day notice period.
inspection at the Commission's Public why intervention should be permitted However, should circumstances change Document Room.171711 Street. NW with particular reference to the during the notice period such that failure Washington. D.C., and at the George S.
l
f,
,s Federal Register / Vol. 48. No.145 / Wednesday, July 27, 1983 / Notices 34169_
Houston MemortallJbrary,212 W.
Agency Submitting Officer of your intent Name of affected post o" ice: Winston.
Burdeshaw Street. Dothan. Alabama to comment as early as possible.
Montana 59647.
36301 Aoonass: Copies of the subject form and Name(s) of petitioner (s): Reinhold Dated at Betheeda. Maryland, this 22nd the request for review submitted to Schmidt.
day olluly 1983.
OMB may be obtained from the Agency Type of determination: Consolidation.
For the Nuclear Regulatory Commission. ' Submitting Officer. Comments on the Date of filing of appeal papers: July 15.
form should be submitted to the Agency 1983 g f ce a d the OMB Ch e Ope Neoesor: Bmach No. s.
Categories of issues apparently Division o/Ucensing.
rais.d: Effect on community served by FOR FURTHeR INFOntaATION CONTACT:
o[fice [39 U S C. I 404(b)(2)( A)J.
OP/C Agency Submitting Officer: L Other legal issues may be disclosed m,,a eaa,,,,w,.
Jacqueline Brent. Office of Perscnnel by the record when it is filed: or, and Administration. Overseas Private conversely, the determination made by IDocket Noe. 50-445. 50-4ael Investment Corporation. Room 405,1129 the Postal Service may be found to Twentieth Street. NW., Washington.
dispose of one or more of these issues.
Toxas Utilities Generating Co., et al.
D.C. 20527; Telephone (202) 653-2818-In the interest of expedition within the (Comanche Peak Steam Electric OMB Reviewer: Francine Picoult.
120-day decision schedule [39 U.S.C.
Station, Units 1 and 2); Cancellation of Office of Information and RegulatoFY 404(b)(5)) the Commission reserves the Evidentiary Hearing Affairs. Office of Management and.
right to request of the Postal Service July 21.1983.
Budget. New Executive Office Building, memoranda oflaw on any appropriate ne hearing scheduled for August 1-5.
Washington, D.C. 20503; Telephone (202) issue. Ilrequested. such memoranda will 1983 is cancelled by agraement of the 395-7231.
be due 20 days from the issuance of the parties.Dere is no evidence to be heard Summary of form under review request; a copy shall be served on the because witness interviews conducted by the State of Texas did not produce Type of Request: New Petitioner (s). In a bnef or motion to substantial adverse evidence concerning Tit!c: OPIC Reconnaissance Survey /
dismiss or affirm, the Pcstal Service may the quality assurance program of Texas Fee bili y St d A ication Form incorporate by reference any such h
memorandum previously filed.
Utilities Generating Company. et al.
Two different units of the Nuclear Frequency of Use: Other-once per The Commission orders:
investor per project (A) The record in this appeal shall be inv sti a n a p ts o a plicant's Type o/ Respondent: Business or other filed on or before August 1.1983.
I At th insthutions (except farms)
(B) The Secretary shill publish this co el s?on f oseYves Standard Industrial Classification Notice and Order and ?rocedural ations the Ducriph.Allon of AMe#uMcMS.
C#####
Schedule in the Federal Register.
Board will determine whether further hearings should be ennducted.
investors considering business Dy the Commission.
Bethasda. Maryland.
projects in developing countries Cyril 1. Pirteck.
For the Atomic Safety and Ucensing Board. NumberofResponses:100 Acfwg 5,ce,fofy Peter 9. 8tock.
Reporting Hours:50 Chairman Adamisuctiveludge.
FederalCost:$5.266 AppendLx-Docket No. Ass-27 In on.ausman u.4r-autene.,
Authorstyforinformation Collection:
Winston. Montana $3647 Section 234 (d) and (e) cf the Foreign se s so cooe rsa w,
Assistance Act of 1961, as amended.
July 15.1983. Falu's of Petition.
Abstruct(Need) and Uses):
July 1983. Notice and Order of Filing OVERSEAS PRIVATE INVESTMENT Information will be collected to
,of Appeal.
CORPORATION determine the eligibility of applicants for August 4.1983: Last day for filing of financial assistance from OPIC to petitions to intervene (see 39 CFR Agency Report Forma Under OMS conduct reconnaissance surveys or 3001.111(b)).
Review feasibility studies on proposed business August 15,1983: Petitioners
- Initial aoENcy: Overseas Private Investment projects in developing countries.
Drief (see 39 CFR 3001.115(all.
Corporation-Dated: january 111983.
/Lugust 30.1983: Postal Service action: Request for comments.
Anthony F. Marra. Jr.,
Answering Bnef[see CFR 3001.115(b)l.
/fice of the Cmro/ Counsel.
September 14.1983:
suesasany: Under the provisions of the Paperwork Reduction Act (44 U.S.C.
In = skm e n, e a n u n e=1 (1) Petitioner's Reply brief should snunocootsr*abe Petitioner choose to file one [see 39 CFR Chapter 35). agencies are required to submit information collection requests 3001.115(c)].
to OMB for review and approval, and to
('
'"I POSTAL RATE COMMISSION publish a notice in the Federal Register requesting oral argument. The notifying the public that the Agency has (Order No. 517; Docket No. AO3-27l Commission will exercise its discretion, made such a submission. The proposed as the interests of prompt and just form under review is summarized below. Winston, Montana 59647 (Reinhold decision may require, in scheduling, or Oaft Comments must be received Schmidt, Petluoner); Notice and Order dispensing with oral argument.
within 14 calendar days of this notice. If Accepting Appealand Estabilshing November 14.1983: Expiration of 120 Procedural Schedule Under 39 U.S.C.
day decasional schedule (see 39 U.S.C.
ou anticipate conimenting on the form.
ut find that you are unable to do so 404(b)(5) 404(b)(5)l.
within the foregoing period. you should teaued July 22,1983.
(FW Da sbamu rw FFau a ad advise the OMB Reviewer and the Docket numben A83-27.
anwse coes inm-m k
'1 c.
,/
'4 p
7590-01
(-
UNITED STATES
- NUCLEAR REGULATORY COMMISSION DUQUESNE LIGHT COMPANY, OHIO EDISON COMPANY, AND PENNSYLVANIA POWER COMPANY DOCKET NO. 50-334 NOTICE OF CONSIDERATION OF ISSUANCE OF AMEN 0 MENT TO h CILITY OPERATING LICENSE AND OPPORTUNITY FOR PRIOR HEARING The United S ates Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. OPR-66, issued to Duquesne Light Company Ohio Edison Company, and Pennsylvania Power Company (the licensee), for operation of the Beaver Valley Power Station, Undt 1 located in Shippingpart, Pennsylvania.
The amendment would revise the provisions in the Technical Specifications to permit operation of the. Unit with only two of the three primary coolant loops, when needed, in accordance with the licensee's application for amendment dated October 27. 1978.
Prior to 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.
By September 16,19G3, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any
- Nrson traosa iatorest may be affected by this proceeding and who wisnes to participate as a party in toe proceeding r;ust file a t
- ritten petition for leav I
N$hW
P, e
7 7590 01 ta
.:erve.;e. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of practice for Domestic Licensing Proceedings" in 10 thR Part '2.
Yf a' request fof Ee*aring 'or p'etition
~
^
^
for leave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board, 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 will issue a notice of hearing or an appropriate order, o
As required by 10 CFR 52.714, 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 pemitted with particular reference to the following factors: (1)thenature 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 pr,0ceeding; and (3) the possible effect of any order which may be enterec in the proceeding on the. petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the proceeding is 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 ficard up to fifteen (15) days prior to the first prehearing conference scFeduled in the proceeding, but such an arnended petition must satisfy the specificity requirements described above.
t
f y
l
[
7590-01 3
flot later than. fifteen (15) days prior to the first prehearing conference scheduled in the proceeding,',a petit.ioner,shall fi]e a Jypp.jpent.,to,tije', petition to intervene which must' include a list of the contentions which are' sought to be be litigated in the matter, and the bases for each contention set forth with reasonable spscificity. Contentions shall be limited to matters within the scope of the amendment under consideration. 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 oppor-tunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Comie.sion, United States fluclear Regulatory Comission, Washington 0.C.,20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document _ Room.1717 H Street, fl.W., Washington.
D.C. by the above date. Where petitions are filed during the last ten (10) days 1t the notice period, it is requested that the petitioner or representative for the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at (800) 325-6000 lin Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification fiumber 3737 and the following message addressed to Steven A. Varga. Chief Operating Reactors Branch fio.1,.
Division of Licensing: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL t
l
s 7590-01 5
4 REGISTER notice. A copy uf the petition -hould also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Cormission, Washington, D.C.
- 20555, an'd to Gerald Charnoff Esquire, Shaw,' Pit'tman, Pot'ts an3 YroSbridge,'l'80'O M Street, N.W., Washington. 0.C.
20036, 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 detemination by the Comrnission, the presiding officer of the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
For further details with respect to this action, see the application for amencment dated October 27, 1978, which is available for public inspection at the Com. mission's Public Document Room, 1717 H Street, N.W., Washington, D.C. and at the B. F. Jones Memorial Library, 663 Franklin Avenue Alioutppa, Pennsylvania 15001.
hted at Bethesda, Maryland this 10th day of August 1983.
FOR THE NUCLEAR REGULATORY COMMISSION en rg Operating Reactors ranch No. 1 Division of Licensing 4
48*
s v
' j.
7590-01 i
4-REGISTER notice. A copy of the petition should also be'sent to the Executive Legal Director, U. S. Nuclear Regulatory Cocinission. Washington, D.C.
- 20555, and to Gerald Charnoff 'Esqui're, ShaE,' Pit'tman,' Potts aE'T$oEbridge,'l'80'0 N Street, N.W., Washington, D.C.
20036, 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 Consnission, the presiding officer of the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
For further details with respect to this action, see the application t
for arencment dated October 27, 1978,'which is available for public inspection at the Cc= mission's Public Document Room,1717 H Street, N.W., Washington, D.C. and at the B.' F. Jones Memorial Library 663 Franklin Avenue Aliquippa, Pennsylvania 15001.
Cated at Bethesda, Maryland this 10th day of August 1983.
FOR THE NUCLEAR REGULATORY COMMISSION I
a rg'a,
Operating Reactors ranch No. 1 Division of Licensing 1
e e
4
.