ML20151E148
| ML20151E148 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 03/29/1988 |
| From: | Erickson P Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20151E107 | List: |
| References | |
| NUDOCS 8804150085 | |
| Download: ML20151E148 (5) | |
Text
4
,. .- i 1
7590-01 l
1 U.NITED STATES NUCLEAR REGULATORY COMMISSION DAIRYLAND POWER COOPERATIVE DOCKET NO. 50-409 NOTICE OF CONSIDERAlION OF ISSUANCE OF AMENDMENT TO FACILITY LICENSE AND OPPORTUNITY FOR HEARING j The United States Nuclear Regulatory Comnission (the Commission) is considering issuance of an amendment to Facility License No. DPR-45, issued to Dairy 1Lnd Power Cooperative (the licensee), for the physical security l l
of the Lacrosse.8 oiling Water Reactor (LACBWR) located in Vernon County, Wisconsin.
The licensee submitted proposed amendments to the Physical Security Plan, Guard Force Training and Qualification Plan and the Safeguards Contingency Plan for LACBWR. The proposed amendments to these plans reflect a reduction in scope to cover on,1y the storage of spent fuel. The basis for the changes is premised on LACBWR being permanently shutdown on April 30, 1987, and the licensee's letter dated May 22, 1987 (LAC-12234) which requested that Provisional License No. DPR-45 for LACBWR be amended to a possession-only status. On June 12, 1987, all fuel had been removed from the reactor and stored in the Fuel Element Storage Well. The licensee's request for a possession-only status was approved by the NRC as reflected in License Amendmerit No. 56 which was issued on August 4,1987.
The proposed amendments only eliminate areas, eculpment, systems and procedures that have been deemed unnecessary for a nuclear power facility I
which has been permanently shutdown and require the licensee to implement certain security measures comensurate with the risks associated with I
ctnrana of scent fuel.
8804150005 080411 R ADOCK 0500 9
l i
7590-01 Prior to issuance of the proposed license amendment, the Commission will l have made findings required by the Atomic Energy Act of 1954, as amended (the 1
Act) and the Comission's regulations.
By May 5, 1988 , the licensee may file a request for a ',,
hearing with respect to issuance of the amendment to the sub.fect facility license and any person whose interest may be affected by this proceeding I
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 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, desi'gnated by the Comission 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 noticc of hearing or an appropriate order.
As required by 10 CFR {2.714, a petition for leave to intervene shall 1 set forth with particularity the interest of the petiticner 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 pemitted with particular reference to the following factors: (1) l 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, l
a 7590-01 i
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 aspects (s) of l the subject matter of the proceeding as to which petitioner wishes to ,
intervene. Any person who has filed a petition for leave to intervene l l
or who has been admitted as a party may amend the petition without requesting l 1 eave 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 con-ference 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, and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. l A petitioner who fails to file such a supplement which satisfies these l 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 leeve to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
l
1 a
7590-01 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 l
Service Branch, or may be delivered to the Comission's Public 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 or representative for the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800-342-6700]. The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Lester S. Rubenstein: petitioner's name and telephone number; date Petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to Kevin P. Gallen.
-Esq., Newman and Holtzinger, P.C. 1615 L Street, N.W., Washington, D.C.
20036, attorney for the licensee.
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 Commission, 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 2.714(a)(1)(1)-(v) and 2.714(d).
s l 7590-01
-S-If a request for hearing is received, the Consnission'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 connent of its proposed finding of no significant hazards ,,
consideration in accordance with 10 CFR 50.91 and 50.92.
For further details with respect to this action, see the application for amendment dated September 24, 1987 as revised March 28, 1988, which is available for public inspection at the Corsnission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the Lacrosse Public Library, 800 Main Street, Lacrosse, Wisconsin 54601.
Dated at Rockville, Maryland, this 29th day of March 1988.
FOR THE NUCLEAR REGULATORY CO?HISSION Peter B. Erickson, Project Manager Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, Y and Special Projects Office of Nuclear Reactor Regulation 1
i 1