ML20134L536

Notice of Hearing (Application to Approve TS Change).* Informs of 961107 Finding That Proposed TS Change Involves No Significant Hazards Consideration & License Amend Issued.Certificate of Svc Encl.Served on 961114

ML20134L536
Person / Time
Site:	Oyster Creek
Issue date:	11/14/1996
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:
References
CON-#496-18054 96-717-02-OLA, 96-717-2-OLA, OLA, NUDOCS 9611210070
Download: ML20134L536 (6)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION J

ATOMIC SAFETY AND LICENSING BOARD '96- NOV 14 P1 :55 -

Before Administrative Judges: OP4;: r  ; f n 00 I '

1 G. Paul Bollwerk, III, Chairman Dr. Charles N. Kelber ,

Dr. Peter S. Lam ' SERVED NOV y W i

In the Matter of Docket No. 50-219-OLA 'l j

GENERAL PUBLIC UTILITY '

NUCLEAR CORPORATION ASLBP No. 96-717-02-OLA (Oyster Creek Nuclear November 14,1996 Generating Station) l l

J NOTICE OF HEARING (Application to Approve Technical Specification Change)

On May 8,1996, the NRC staff announced in the Federal Register (1) a proposed "no significant hazards consideration" finding regarding an April 15,1996 request by licensee General Public Utility Nuclear Corporation (GPUN) to revise Technical Specification 5.3.1.B for the Oyster Creek Nuclear Generating Station (OCNGS); and (2) -

an opportunity for a hearing on that GPUN license amendment application. (61 Fed. Reg.

-- 20,842,20,842-43,20,84R.) The then-current technical specification prohibited the i

handling of a load greater in we.ght than one spent fuel assembly over irradiated fuel in the spent fuel pool. The then-proposed technical specification change was intended to facilitate the offload of spent fuel from the OCNGS spent fuel pool to the OCNGS 9611210070 961114  ?

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e independent spent fuel storage installation (ISFSI) by permitting the shield plug for a dry shielded canister (DSC) and associated lifting hardware to be moved over irradiated fuel in the DSC while the DSC is submerged in the spent fuel pool preparatory to being secured with the shield plug, lifting from the pool, and transporting to the onsite ISFSI.

Acting on the hearing offering, on June 6,1996, pro se petitioners Nuclear Information and Resource Service (NIRS), Oyster Creek Nuclear Watch (OCNW), and the Citizens Awareness Network (CAN) filed a timely hearing request and petition to l intervene seeking to challenge the proposed technical specification change. On June 13, 1996, the Commission referred the petitioners' hearing request to the Atomic Safety and l l

Licensing Board Panel for the appointment of a presiding officer to conduct any l 1

necessary proceedings. On June 17,1996, the Chief Administrative Judge of the Panel appointed this Atomic Safety and Licensing Board to act on the Commission's referral.

(61 Fed. Reg. 31,964.) The Board consists of Dr. Charles N. Kelber, Dr. Peter S. Lam, and G. Paul Bollwerk, Ill, who serves as Chairman of the Board.

After receiving additional filings from the participants on the issues of the petitioners' standing and the admissibility of their single joint contention, on August 7, 1996, the Board held a prehearing conference during which petitioner NIRS, GPUN, and the staff made fmther presentations addressing those matters. On October 25,1996, the Board issued a memorandum and order in which it ruled that (1) petitioners NIRS and OCNW had established representational standing as of right; (2) petitioner CAN had failed to show either that it is entitled to standing as of right or that is should be afforded

discretionary standing, but nonetheless would be permitted to participate as an amicus curiae; and (3) petitioners NIRS and OCNW had put forth an admissible legal contention )

regarding the validity of the proposed technical specification revision under the agency's

" defense-in-depth" policy. The Board thus granted the hearing request of petitioners -

NIRS and OCNW. (Sg LBP-96-23,44 NRC __ (Oct. 25,1996).) Thereafter, on November 7,1996, the staff made a finding that the proposed technical specification change involves "no significant hazards consideration" and issued the requested license 1 l

amendment.

Please take notice that a hearing will be conducted in this proceeding. This hearing will be governed by the formal hearing procedures set forth in 10 C.F.R. Part 2, Subpart G (10 C.F.R. QQ 2.700 .790).

During the course of the proceeding, the Board may conduct an oral argument, as provided in 10 C.F.R. 2.755, and may hold additional prehearing conferences pursuant to 10 C.F.R. s 2.752. The public is invited to attend any oral argument, prehearing l I

conference, or evidentiary hearing, which may be held pursuant to 10 C.F.R.

Q 2.750 .751. Notice of such sessions will be published in the Federal Register and/or i

made available to the public at the NRC Public Document Rooms. l In accordance with 10 C.F.R. 2.715(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issue in this proceeding. These statements do not constitute evidence, but may assist the ,

Board and/or parties in thed . efinition of the issue being considered. Persons wishing to I

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I submit a written limited appearance statement should send it to the Office of the  !

t i Secretary, U.S. Nuclear Regulatory Commission, Washington, DC. 20555, Attention: i j Docketing and Service Branch. A copy of the statement also should be served on the Chairman of the Atomic Safety and Licensing Board. The Board will decide at a later

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date whether to entertain oral limited appearance statements.  !

Documents relating to this proceeding are available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW.,

Washington, DC. 20555; and at the NRC Local Public Document Room at the Ocean County Library, Reference Department,101 Washington Street, Toms River, NJ 08753.

i FOR Tile ATOMIC SAFETY AND LICENSING BOARD b lI b,(1 G. Pa'ul Bollwerk, Ill, Chairman ADMINISTRATIVE JUDGE

- Rockville, Maryland November 14,1996

I C

UNITED STATES OF AMERICA NUCLEAR REGULATORY CONMISSION In the Matter of GENERAL PUBLIC UTILITY NUCLEAR Docket No.(s) 50-219-CLA CORPORATION (0yster Creek Nuclear Generating L Station) i CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB NOTICE OF HEARING - 11/14 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712. i Administrative Judge Office of Commission Appellate G. Paul Bo11werk, Chairman  !

i Adjudication Atomic Safety and Licensing Board l U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555  ;

i Administrative Judge Administrative Judge l Charles N. Kelber Peter S. Lam I l Atosic Safety and Licensing Board Atomic Safety and Licensing Board i- Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission

Washington, DC 20555 Washington, DC 20555 1

Ann P. Hodgdon, Esq.

Richard G. Bachmann, Esq. Ernest L. Blake, Jr., Esq.

Office of the General Counsel David R. Lewis, Esq.

Mail Stop 15 818 Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commiission 2300 N Street, N.W.

Washington, DC 20555 Washington, DC 20037 Kent Tosch Frederick Katz Bureau of Nuclear Engineering

. Citizens Awareness Network New Jersey Department of Environmental P.O. Box 83 Protection

.Shelborne Falls, MA 01370 CN 415 l

Trenton, NJ 08625 i

Docket No.(s)50-219-OLA LB NOTICE OF HEARING - 11/14 Paul Gunter William decamp, Jr. ,

Nuclear Information and Resource Oyster Creek Nuclear Watch

. Service P.O. Box 243 1424 16th Street, NW, Suite 404 1sland Heights, NJ 08732 Washington, DC 20036 Dated at Rockville, Md. this '

14 day of November 1996 /4-

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. L-D'ffice of the Secretary of the Commission l

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