ML20141A999

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Notice of Consideration of Issuance of Amends to Licenses DPR-44 & DPR-56 & Proposed NSHC Determination & Opportunity for Hearing.Amends Request Staff Review & Approval of Mod to Facility Described in SAR
ML20141A999
Person / Time
Site: Peach Bottom  Constellation icon.png
Issue date: 06/18/1997
From: Poslusny C
NRC (Affiliation Not Assigned)
To:
Shared Package
ML20141A982 List:
References
NUDOCS 9706230237
Download: ML20141A999 (5)


Text

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7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION PEACH BOTTOM ATOMIC POWER STATION. UNITS 2 AND 3 DOCKET NOS. 50-277 AND 50-278 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TQ FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory Commission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-44 and DPR-56, l issued to PECO Energy Company Public Service Electric and Gas Company.

Delmarva Power and Light Company, and Atlantic City Electric Company (the l licensee), for operation of the Peach Bottom Atomic Power Station, Units 2 and 3 located in York County, Pennsylvania.

The application requests staff review and approval of a modification to l

the facility, as described in the safety analysis report. that involves an unreviewed safety question. The modification will install replacement suction strainers for Emergency Core Cooling System (ECCS) pumps. -

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.

By Aly 25,1997 . 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 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 D !DO!KO 00 77 P PDR

1 t

! l .

I accordance with the Commission's Rules of Practice for Domestic Licensing I Proceedings" in 10 CFR Part 2. Interested persons should consult a current l 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, and at the local public document room located at the Government Publications Section.

l State Library of Pennsylvania. (REGIONAL DEPOSITORY) Education Building.

l Walnut Street and Commonwealth Avenue. Box 1601. Harrisburg. PA 17105. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or an Atomic Safety and Licensing Board, designated by i 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'.

As required by 10 CFR 2.714. a petition for leave to intervene shall set i 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 4

petition should specjfically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) the nature 4 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 proceeding as to which petitioner wishes to intervene. Any person who has 1

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l filed a petition for leave to intervene or who has been admitted as a party l may amend the petition without requesting leave of the Board up to 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 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 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 of 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 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 exist,s with the applicant on a material issue of law or fact.

Contentions shall be limited to matters within the scope of the amendment 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 I

l

4 opportunity 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 must be '

filed with the Secretary of the Commission. U.S. Nuclear Regulatory

Commission. Washington. DC 20555-0001. Attention
Rulemakings and )

l Adjudications Staff or may be delivered to the Commission's Public Document '

Room, the Gelman Building. 2120 L Street. NW., Washington, DC. by the above

, date. A copy of the petition should also be sent to the Office of the General )

Counsel. U.S. Nuclear Regulatory Commission. Washincjton DC 20555-0001, and to l J. W. Durham Sr. . Esquire Sr. V.P. and General Counsel. PECO Energy Company, j 2301 Market Street. Philadelphia, PA 19101, attorney for the licensee.

Nontimely filings of petitions for leave to intervene, amended petitions, j supplemental petitions and/or requests for hearing will not be entertained i

1 l absent a determination by the Commission. the presiding officer or the I presiding Atomic Safety and Licensing Board that the petition and/or request l 2

should be granted based upon a balancing of the factors specified in 10 CFR  !

l 2.714(a)(1)(1)-(v)aQd2.714(d).  ;

If a request for a hearing is received, the Commission'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

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

c For further details with respect to this action, see the application for amendment dated May 5.1997 which is available for public inspection at the

Commission's Public Document Room, the Gelman Building, 2120 L Street, NW.,

Washington, DC, and at the local public document room located at the Government Publications Section, State Library of Pennsylvania, (REGIONAL DEPOSITORY) Education Building, Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, PA 17105. 1 Dated at Rockville, Maryland, this 18th day of June 1997.

FOR THE NUCLEAR REGULATORY COMMISSION 4h '

Chester Poslusny, Acting Director Project Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

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