ML20148J667
| ML20148J667 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 03/18/1988 |
| From: | Perkins K Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20148J671 | List: |
| References | |
| TAC-66736, NUDOCS 8803300343 | |
| Download: ML20148J667 (4) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION TOLEDO EDISON COMPANY, ET AL.
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Comisdon (the Comission) is considering issuance of an amendment to Facility Operating License No. NPF-3, issued to the Toledo Edison Company and the Cleveland Electric Illuminating Company (the licensees), for operation of the Davis-Besse Nuclear Power Station.
Unit No.'1, located in Ottawa County, Ohio.
The proposed amendment would revise the provisions in the Davis-Besse Nuclear Power Station, Unit No.1. Technical Specifications (TS's), relating to once through steam generator (OTSG) tube sample selection and inspection requirements. Specifically, the proposed amendment would revise TS Surveillance Requirement 4.4.5.2 by adding an additional special interest tebe group.> The new special interest group would consist of the tubes near the center of each OTSG.
Prior to issuance of the proposed license amendment, the Comission will havemadefindingsrequiredbytheAtomicEnergyActof1954,asamended(the Act) and the Comission's regulations.
By April 25, 1988, the licensees may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license t.nd 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 hearing and a petition for leave to intervene.
Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission's "Rules 8903300343 800318 PDR ADOCK 05000346 l
P PDR v
, 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 date, the Comission 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.,
I As required by 10 CFR $2.714, a petition for leave to intervene shall
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l 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)thenature of the petitioner's right under the Act to be made a party to the proceeding; i
(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 shouldalsoidentifythespecificaspect(s)ofthesubjectmatterofthe proceeding as to which petitioner wishes to intervene. Any person who has filed a p,etition 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
a i
.. l petition to intervene which must include t. list of the contentions which are scught to be litigated in the matter, and the bases for uch contention set j
forth with reasonable specificity.
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 opportunity to participate fully in the conduct of the hearing, including the opportunity to present evicence and cross-examine witnesses.
A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Comission, United States 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., Wachingtcn, 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 or representative for the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at 1-800-325-6000(inMissouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to lenneth E.
Perkins: (petitioner's name and telephone number); (date Petition was nailed); (plant name); and (publication date and page number of this FEDERAL REGISTERnotice). A copy of the petition should also be sent to the Office
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,. of the General Cour.sel-Rockville, U. S. Nuclear Regulatory Comission, '
Washington, D.C.
20555, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N.W., Washington, D.C.
20037.
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 or the presiding Atomic Safety and Licensing Board; that the petition and/or request should be grantedbaseduponabalancingofthefactorsspecifiedin10CFR2.714(a)(1)(1)-(v) and2.714(d).
If a request for hearing is received, the Connission'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 coment of its intent to make a no significant hazards consideration finding in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the application for amendment dated January 11, 1988, which is available for public inspection at the Comission's Public Document Room,1717 H Street, N.W., Washington, D.C.,
and at the University of Toledo Library, Documents Departant, 2801 Bancrof t Avenue, Toledo, Ohio 43606.
Dated at Rockville, Maryland, this 18th day of March,1988.
3 FOR THE NUCLEAR REGULATORY COMMISSION Kenneth E. Perkins, Director 1
f Project Directorate III-3 j
Division of Reactor Projects - III, i
IV, Y and Special Projects t