ML20149G228
| ML20149G228 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 12/23/1983 |
| From: | Adensam E Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20149G230 | List: |
| References | |
| TAC-52159, TAC-52160, NUDOCS 8802180180 | |
| Download: ML20149G228 (4) | |
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7590-01 9
l'NITED STATES NUCLEAR RECULATORY COMMISSION DUKE POWER C09ANY DOCKET NOS. 50-369 AND 50-370 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND OPPORTUNITY FOR PRIOR HEARIE The United States Nuclear Regulatory Comission (the Comission) is con-s sidering issuance of amendments to Facility Operating License No. NPF-9 and Facility Operating License No. NPF-17, issued to Duke Power Conpany (the licensee), for operation of the McGjire Nuclear Station, Units 1 and 2, located in Mecklenburg County, Nortn Carolina.
Th' arendments would change Technical Specification 3.5.1.2. to allow opera-tion at less than or ecual to 46*i Rated Tnermal Power with the Upper Head Injec-tion Accumulator System inoperable. The system performs no function during nomal operation but serves to mitigate accidents after they occur. The change would provide operating flexibility but would not result in exceeding operating limits established by 10 CFR 50.46.
These amendments were requested in the licensee's application for amendments dated August 2, 1983.
i Prior to issuance of the proposed license amendments, the Comission will have made findings required by the Atomic Energy Act o' 1954, as amended (the Act) and the Comission's regulations.
By
, the licensee may file a reouest for a hearino with respect to issuance of the amendnents to the subject facility operating licenses and any person whese interest rey be affected by this proceeding end who wisM l
to participate as a party in the proceeding must file a written petition for leave to intervene.
Pequests for a hearing end petitions for leave to intervene l
shall be filed in accordance with the Comission's "Rules of Practice for 8802180180 831223 PDR ADOCK 05000369 p
e' 2-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 Atonic Safety and Licensing Board, designated by the Comission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the reque'st 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 62.714, 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 peti-tion should specifically explain the reasons why intervention should be per -
nitted 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 proceedine; (2) the nature and ertent of the petitioner's property, financial, or other interest in the proceeding; and (3) the po;sible effect of any order which may be entered in the proceeding c1 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 woo has been admitte'd as a party may anend the peti-tion without recuesting leave of the Board up to fiftenn (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 fif teen (15) days prior to the first prehearing conference i
scheduled in the proceedirg, a petitioner shall file a supplerent to the peti-tion to intervene which rust include a list of the contentinos which are sought to be litigated in the natter, and the bases for each contention set forth with
W
-3 reasonable specif, city.
Contentions shall be limited to natters within the scope of the amendments under consideration. A petitioner who fails to file such a. supplement which satisfies these recuirements with respect to at least one contention will not be pernitted 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 oppor-tunity to participate fully in the conduct of the hearing, including the oppor-tunity to present evidence and crosi-examine witnesses.
A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Co riission, United States Nuclear Regulatory Comis-sien, Washington, D. C.
20555, Attent:en: Docketing and Service Branch, or nay be delivered to the Comission's Public Document Roon,1717 H Street, N.W.,
Washington, D. C. by the above date. Where petitions are filed during the last t'en (10) days of the notice period, it is requested that the petitioner or l
represr.ntative for the petitioner promptly so infom 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 Identifi-cation Nunber 3737 and the following message addressed to Elinor G. Adensam:
i petitioner's name and telephone number; date petition was mailed; plant nane; and publication date and page nunber of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Peculatory Comission, Washington D. C.
20555, and to Mr. Albert Carr, Duke Powe-Compary, p.0, Box 321F9, 422 South Church Street, Charlo'te, North Carolina 28242, attorn:y for the licensee.
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Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitiens and/or requests for hearing will not be entertained absent a detemination by the Comission, the presiding officer or the Atonic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has rade a substantial showing of good cause for the grant-ing of a late petition and/or request.
That detemination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the application for anendments dated August 2,1983, which is available for public inspection at the Comission's Public Document Room,1717 H Street, N.W., Washington, D. C.
and at the Atkins library, University of North Carolina, Charlotte (UNCC Station),
North Carolina 28242.
Dated at Fothesda, Maryland this 23'dday cf Dece=ber 1983.
FOR THE NUCLEAR REGULATORY COMMISSION (1
$]hA1 hY&W n
7 Elinor G. Adensam, Chief Licensing Branch No. 4 Division of Licensing me
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