ML20148K718

Notice of Consideration of Issuance of Amend to License DPR-21 & Opportunity for Hearing on Util Request to Delete Ref to Electrical Power & Change Scram Bypass Setpoints to 50% of Rated Thermal Power & Flux Scram Trip Setting

ML20148K718
Person / Time
Site:	Millstone
Issue date:	03/24/1988
From:	Stolz J Office of Nuclear Reactor Regulation
To:
Shared Package
ML20148K686	List: ML20148K718
References
NUDOCS 8803310284
Download: ML20148K718 (4)

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7590-01 l UNITED STATES NUCLEAR REGULATORY COW 11SSION NORTHEAST NUCLEAR ENERGY COMPANY l

DOCKET NO. 50-245 l NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATIhG LICENSE AND OPPORTUNITY FOP HEARING The U.S. Nuclear Regulatory Comission (the Commission) is considering issuance of an amendment to Facility Operating License No. DPR-21, issued to l Northeast Nuclear Energy Company (the licensee), for operation of the Millstone Nuclear Power Station, Unit No. 1, located in New London County, Connecticut, i The amendment would delete reference to electrical power and change the l

scram bypass set points to 50% of rated thermal power. The Average Power Range Monitor Flux Scram Trip Setting will also be changed to maintain consistency throughout the Technical Specifications.

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.

l By May 2, 1988 , the licensee may file a request for a l hearing with respect to issuance of the amendment to the subject facility 1

operating license and any person whose in;erest may be affected by this proceed-l ing and who wishes to participate as a party in the proceeding must file a written request for a hearing or a petition for leave to intervene. Requests l for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission'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 date, the 8803310284 880324 PDR ADOCK 05000245 P PDR

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Comission or an Atomic Safety and Licensing Board, designated by the Connission l

or by the Chairnan of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the designated Atcric 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 wbv 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 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 l proceedino 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 reouesting leave of the Board up to fifteen (15) days prior to the first pre-hearing 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 petition to intervene, which must include a list of the contentions that are sought to be litigated in the matter, and the bases for each contention set forth with reason-able specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supple-ment which satisfies these requirements with respect to at least one enntention will not be pennitted 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 hearina, 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 Comission, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's P;Jblic 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 call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following iressage addressed to John F. Stolz: petitioner's name and teleohone number; date petition was mailed; plant name; and publication date and pace number of this FEDERAL REGISTEP notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Comission, Washincton, D.C. 20555, and to Mr. Gerald R. Garfield, Esq. , Day, Berry & Howard, Counselors at law, City Place, Hartford, Connecticut 06103-3499.

Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a detennination by the Comission, the presiding officer or the presiding Atomic Safety and Licensing Board, that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.71dla)(1)(i)-(v) and 2.714(d).

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t If a recuest for hearing is received, the Comission's staff may issue the amendment after it completes its technical review and prior to the 1 completion of any required hearing if it publishes a further notice for public coment of its intent to make a no significant hazards conuderation finding in accordance with 10 CFR 50.91 and 50.92. l For further details with respect to this action, see the application for dmendment dated August 17, 1987, which is available for public inspection at the Comission's Public Document Room,1717 H Street, N.W., Washington, D. C. and at the Waterford Public Library, 49 Rope Ferry Road, Waterford Connecticut 06385.

Dated at Rockville, Maryland, this 24th day of March 1988.

FOR THE NUCLEAR REGU TOR COMMISSION Jo . Stolz, Director Pr et Directorate I-Division of Reactor Projects I/II Office of Nuclear Reactor Regulation l

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