ML20141H548
| ML20141H548 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/07/1997 |
| From: | Milano P NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20141H552 | List: |
| References | |
| NUDOCS 9705270011 | |
| Download: ML20141H548 (5) | |
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7590-01-P 4
l UNITED STATES NUCLEAR REGULATORY COMISSION
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GPU NUCLEAR CORPORATION t
i DOCKET NO 50-289 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO
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FACILITY OPERATING LICENSE AND OPPORTUNITY FOR A HEARING l
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The U.S. Nuclear Regulatory Commission (the Commission) is considering I
issuance of an amendment to Facility Operating License No. DPR-50 issued'to GPU Nuclear Corporat' ion for operation of the Three Mile Island Nuclear Station Unit 1 (TMI-1) located in Dauphin County, Pennsylvania.
The proposed amendment would remove the control rod drive mechanisms (CRDMs) from the design basis list of credible missiles and, if approved, would'also permit the permanent removal of the reactor vessel missile shields whose design function is to protect the reactor building liner from loss of function due to perforation from credible, internally generated missiles originating from the reactor vessel head area.
Before issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Commission's regulations.
By June 13, 1997, the licensee may file a request for a hearing with rgspect 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
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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 9705270011 970507 T
PDR ADOCK 05000289 P
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I-l l with the Commission's " Rules of Practice for Domestic Licensing Proceedings" I
in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFR j
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 l
document room located at the Law / Government Publications Section, State Library of Pennsylvania (REGIONAL DEPOSITORY) Walnut Street and Commonwealth l
Avenue, Box'1601, Harrisburg, Pennsylvania 17105.
If a request for a hearing l
or petition 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 1
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 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 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 15 days
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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 schoduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are j
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.
l In addition, the petitioner shall provide a brief explanation of the bases of a
j the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which ti.e petitioner intends to rely in
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proving the contention at the hearing. The petitioner must also provide j
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 l
genuine dispute exis,ts with the applicant on a material issue of law or fact.
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Contentions shall be limited to matters within the scope of the amendment i
i under consideration. The contention must be one which, if proven, would l
entitle the petitioner to relief. A petitioner who fails to file such a f
supplement which satisfies these requirements with respect to at least one l
contention will not be pemitted to participate as a party.
Those pemitted to intervene become parties to the proceeding, subject f
to any limitations in the order granting leave to intervene, and have the
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opportunity to participate fully in the conduct of the hearing, including the 4
opportunity to present evidence and cross-examine witnesses.
f A request for a hearing or a petition for leave to intervene must be j
filed with the Secretary of the Commission, U.S. Nuclear Regulatory I
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. Commission, Washington, DC 20555-0001, Attention: Docketing and Services
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Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, by the above date. Where petitions are filed during the last to days of the notice period, it is requested that the petitioner promptly so inform the Commission by a toll-free f
telephone call to Western Union at 1-(800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification
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Number N1023 and the following message addressed to Patrick D. Milano:
petitioner's name and telephone number; date petition was mailed; plant name; i
and publication date and page number of this FEDERAL REGISTER notice. A copy f
of the petition should also be sent to the Office of the General Counsel, U.S.
j Nuclear Regulatory Coinnission, Washington, DC 20555-0001, and to Ernest L.
Blake, Jr., Esquire, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, NW.,
Washington, DC 20037, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended l
petitions, supplemental pttitions and/or requests for hearing will not be t
entertained absent a determination by the Commission, the presiding officer or r
the,, esiding Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in
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10 CFR 2.714(a)(1)(1)-(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 and prior to the completion of any required hearing if it publishes a further notice for public omment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.
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For further details with respect to this action, see the application for amendment dated March 31, 1997, which is available for public inspection at i
j the Comunission's Public Document Room, the Gelman Building, 2120 L Street, t
i NW., Washington, DC, and at the local public document room located at the l
Law / Government Publications section, State Library of. Pennsylvania (REGIONAL DEPOSITORY) Walnut Street and Comunonwealth Avenue, Box 1601, Harrisbuig, Pennsylvania 17105.
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Dated at Rockville, Maryland, this 7th day of May 1997.
j FOR THE NUCLEAR REGULATORY COMMISSION L
N Patrick D. Nilano, Acting Director Project Directorate I-3 i
Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
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