ML20151Q025

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Notice of Consideration of Issuance of Amend to Licenses DPR-53 & DPR-69 & Proposed NSHC Determination & Opportunity for Hearing.Amend Would Modify Limits of Fuel Enrichment in New & Spent Fuel Pools
ML20151Q025
Person / Time
Site: Calvert Cliffs  Constellation icon.png
Issue date: 08/02/1988
From: Mcneil S
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20151Q029 List:
References
NUDOCS 8808100278
Download: ML20151Q025 (4)


Text

1 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION BALTIM0RE GAS.4ND_ ELECTRIC COMPANY DOCKET NOS. 50-317 AND SC-318 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FA'ILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Commission (the Comission) is considering issuar.ce of amendments to Facility Operating Licenses Nos. DPR-53 and OPR-69, issued to the Baltimore Gas and Electric Company (the licensee), for operation of the Calvert Cliffs Nuclear Power Plant, Unit Nos. I and 2, located in t'

Calvert County, Maryland.

The proposed amendments would modify the Units 1 and 2 Technical Specifications 5.6.1, "Criticality-Spent Fuel," and 5.6.2, "Criticality-New Fuel," by increasing the maximum fuel enrichment limit to 5.0 weight percent U-235 from the current limit of 4.1 weight percent U-235.

This proposed TS revision is in response to the licensee's application i

for amendments dated Jtne 9, 1988.

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 Comission's regulations.

By September 7, 1988, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility Operating licenses and any person whose interest may be affeci.ed by this proceed-ing and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervrae.

Requests for a hearing and petitions for leave to intervene shall be filed in accordance 8808100278 880002 PDR ADOCK 05000317 P

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o 7590-1 with the Commission's "Rules of Practice for Ocmestic Licensing Proceedings" in 10 CFR Part 2.

If a reouest 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 enmission or by the Chairman of the Atomic Safety and l

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 ar. 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 a party to the proceeding; (2) the r,sture and extent of the petitioner's property, financial or other interest in the proceeoing; 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 cmend the petition without requesting 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) d:ys 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

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e 7590-1 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 cor.tention 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 evidence and cross-examine witnesses.

A request for a hearing or a pe+1 tion for leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear RegulMary Comission, Washington, D.C.

20555, Attention: Docketing and Service Branch, or may be delivered to the Ccm ission'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 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 Robert A. Capra:

petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FED (.^RAl. REGISTER notice.

A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Comisi.lon, Washington, D.C.

P.0555, and to D. A. Brune, Jr., General Counsel, Baltimor6 Gas &

Electric Company, p.0. dox 1415, Baltimore, Maryland 21203, attorney for the licensee.

O 7590-1 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

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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)(i)-(v) and 2.714(d).

If a request for a hearing is received, the Comission'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 proposed finding of no significant hazards considerations in accordance with 10 CFR 50.91 and 50.92.

l For further details with respect to this action, see the application for amendment dated June 9,1988, which is available for public inspection at the l

Comission's Public Document Room,1717 H Street, N.W., Washington, D. C.

20555, and at the Local Public Document Room, Calvert County Library, Prince Frederick, Maryland.

Dated at Rockville, Maryland, this 2"d day of August, 1988.

FOR THE NUCLEAR REGULATORY COMISSION b b[

f Scott Alexander McNeil, Project Manager Project Directorate I-1 Division of Reactor Projects I/II

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