ML20151X079
| ML20151X079 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/11/1988 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20151X075 | List: |
| References | |
| NUDOCS 8808250216 | |
| Download: ML20151X079 (6) | |
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7590-01 UNITED STAT,ES,$ CLEAR REGULATOR _Y_ COPE!SSION j
NORTHEAST NUCLEAR ENERGY COMPANY DOCKET NO. 50-245 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Conenission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-21, issued to Northeast Nuclear Energy Company (the licensee), for operation of Millstone Nuclear Power Station, Unit No.1, located in New London County, Connecticut.
The application for amendment is dated June 24, 1988.
The proposed amendment would revise the Technical Specifications Section 5.5 by adding a new section, Section 5.5.C. to reflect the maximum number of spent fuel assemblies authorized in the spent fuel pool.
Currently there is no restriction in the Technical Specifications regarding a limiting number of spent fuel assemblies in the spent fuel pool. This amendment has been proposed I
l by the licensee in conjunction with their proposed expansion of the capacity of the spent fuel pool. The proposed expansion of the pool will increase the capacity from 2184 to 3229 fuel assemblies. This expansion is to be accomplished by the removal of the seismic restraint devices from the existing spent fuel i
racks, movement of these racks to the southwest corner of the spent fuel pool, i
and the installation of ten new spent fuel pool racks. The new spent fuel pool racks will have the same storage density as the current racks. The licensee's l
proposal does not include plans for fuel assembly consolidation. This expansion of the spent fuel pool will provide full core off load capability until l
l approximately 1999.
l 8808250216 880811 PDR ADOCK 05000245 P
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)andtheCommission'sregulations.
By September 22, 1988. the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license and any person whose interest may be affected by this proceed-ing and who wishes to participate as a party in the proceeding rust 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 Commission'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 Commission or an Atomic Safety and Licensing Board, desigrated 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.
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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 t
I how that interest may be affected by the results of the proceeding. The petition I
should specifically explain the reasons why intervention should be permitted with 1
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3-particular reference to the following factors:
(1)thenatureofthepetitioner'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 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 amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first pre-hearing conference scheduled in the proteeding, but such an amended petition n.ust satisfy the specificity requirefrents described above.
Not later than fifteen (15) days prior to the first prehnring 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 te 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 arrendirent under consideration. A petitioner who fails to file such a supple-sent which satisfies these requiresrents 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 evidence and cross-examine witnesses.
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4 A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Comission, United States Nuclear Fegulatory Comission.
Washington 0.C.
20555 Attention: Docketing and Service Branch, or may be delivered to the Coasnission's Public Cocument 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 infortn the Comissicn 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 ressage addressed to Mr. John F. Stolz:
petitioner's name end telephone nur.ber; date petition was mailed; plant name; and publication date and page number of this FECERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Comission Washington, D.C.
?0555, and to Mr. Gerald Garfield Esq., Cay Berry and Howard, Counselors at Law, City Place, Partford, fonnecticut 06103-3499.
Nontirely filings of petitions for leave to htervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Corsnission, the presiding officer or the presiding Atcenic 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) and2.714(d).
If a request for hearing is received, the Comission's staff may issue the amendrent after it corpletes its technical review and prior to the coepletion of any required hearing if it publishes a further notice for public consent of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.
5-The Comission hereby provides notice that this is a proceedirg on an application for a license amendment falling within the scope of section 134 of theNuclearWastePolicyActof1982(NWPA),42U.S.C.610154 Under section 134 of the NWPA, the Comission, at the request of any party to the proceeding, must use hybrid hearing procedures with respect to "any matter which the Comission determines to be in controversy among the parties." The hybrid procedures in section 134 provide for oral argument on matters in controversy, preceded by discovery under the Comissions's rules, and the designation, following argument, of only those factual issues that involve a genuine and substantial dispute, together with any remaining questions of law, to be resolved in an adjudicatory hearing. Actual 6djudicatory hearings are to be held on only those issues found to meet the criteria of section 134 and set for hearing after oral argument.
The Comissions's, rules implementing section 134 of the NWPA are found in 10 CFR Part 2 Subpart X, "Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors" (published at 50 FR 41662, October 15,1985)10CFR$2.1101et,seg. Under those rules, t
any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written request for oral argument under 10 CFP.
2.1109. To be timely, the request must be filed within ten (10) days of an order granting a request for hearing or petition to intervene.
(As outlined above, the Comission's rules in 10 CFR Part 2. Subpart G, and 92.714 in particular, continue to govern the filing of requests for a hearing or petitions to intervene, as well as the admission of' contentions). The presiding officer shall grant a timely request for oral argument. The
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presiding officer may grant an untimely request for oral argument only upon showing of good cause by the requesting party for the failure to file on time and after providing the other parties an opportunity to respond to the untimely request.
If the presiding officer grants a request for oral argument, any hearing held on the application shall be conducttd in accordance with the hybrid hearing procedures.
In essence, those procedures limit the tire available for discovery and require that an oral argument be held to detennine whether any contentions sust be resolved in an adjudicatory hearing.
If no party to the proceeding. requests oral argument, or if all untirely requests for oral argunent are denied, then the usual procedures in 10 CFR Part 2 Subpart G apply.
For further details with respect to this action, see the application for anendment dated June 24, 1988, which is available for public inspection at the Contrission'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 lith day of August 1988.
FOR THE NUCLEAR REGULATORY CONMISSION
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/Jo n F. Stolz, Direct P oject Directorate I-4 tvision of Reactor Projects I/II
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