ML20154E373
| ML20154E373 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 09/09/1988 |
| From: | Calvo J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20154E377 | List: |
| References | |
| NUDOCS 8809160304 | |
| Download: ML20154E373 (6) | |
Text
6, 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION HOUSTON LIGHTING & POWER COMPANY DOCKET NO. 50-498 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Contrission (the Comission) is considering issuance of an amendnent to Facility Operating License No. NPF-76, issued to Houston Lighting & Power Company (the licensee), for operation of the Scuth Texas Project Unit 1 located in Matagorda County, Texas.
The arrendirent would permit expansion of the spent fuel pool storage capacity by using high density spent fuel racks.
On June P3,1988, the Comission issued a Notice of Consideration of Issuance cf Amendment to facility Operating License and Opportunity For HearingfortheSouthTexasProject, Unit 1 license (53FR23707).
That Notice offered an opportunity for the applicant to request a hearing on the amendnent and for persons whose interest may be affected to petition for leave to intervene.
Due to oversight, the June 23, 1988 Notice did not provide notice that this application involves a proceeding on an application for a license amend-inent falling within the scope of section 134 of the Nuclear Waste Policy Act of 1982. Such notice is required by Comission regulations,10 CFR 2.1107.
The Comission hereby provides notice that this is a proceeding on an application for a license arnendwent falling within the scope of section 134 of theNuclearWastePolicyActof1982(hvPA),42U.S.C.110154 Under section 1
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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 detennines to be in controversy among the parties." The hybrid procedures in section 134 provide for oral argunent on matters in controversy, preceded by discovery under the Comission'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, j
to be resolved in an adjudicatory hearing. Actual adjudicatory hearings are to be held on only those issued found to reet the criteria of section 134 and set for hearing after oral argunent.
The Convission's rules implementing section 134 of the NKPA are found in 10 CFR Part 2, subpart K, "Hybrid Hearing Procedures for Expansion of Spent Nuclear Fuel Storage Capacity at Civilian Nuclear Power Reactors" (published at 50 FR 41662, October 15, 1985) 10 CFR 92.1101 g seq.
IJnder those rules, any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written request for oral argurent under 10 CFR 2.1109. Tobetimely,therequestmustbefiledwithinten(10)daysofany order granti' ^ a request for hearing or petition to intervene.
(Asoutlined above, the Ca.mssicn's rules in 10 CFR Part 2 subpart G and $2.714 in particular, continue to govern the filing of requests for a hearing or j
petitionstointervene,aswellastheadmissionofcontentions.) The presiding officer shall grant a timely request for oral argument. The presiding officer may grant an untirely request for oral argument only upon showing of good cause by the requesting party for the failure to file on tire and after providing the other parties an opportunity to respond to the untimely request.
If the presiding officer grants a request for oral l
argument, any hearing held on the application shall be conducted 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 j
detemine whether any contentions must be rer.olved in an adjudicatory hearing.
If no party to the proceeding requests oral argument, or if all j
untimely requests for oral argurent are denied, then the usual procedures in 10 CFR Part 2, subpart G apply.
P By October 14, 1908
. the licensee, if it wishes to invoke the hybrid hearing procedures, may file a request for such hearing with respect to issuance of the proposed amendment or any person whose interest may be affected by this proce'eding and who wishes to invoke the hybrid hearing procedures and to participate as a party in such proceeding, must file a written 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 seeking to invoke hybrid hearing procedure in accordance with this notice is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission or by the Chaiman 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.
Request for hearing or petitions for leave to intervene which do not seek to invoke the hybrid hearing procedures are not authorized by this notice and would be considered nontimely.
As required by 10 CFR 52.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and i
how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be pertnitted with particular reference tn the following factors:
(1)thenature of the petitioner's right under the Act to be rade a party to the proceeding; (2)thenatureandaxtentofthepetitioner'sproperty, financial,orother 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 prehearing conference scheduled in the proceedings, but such an amended petition nust satisfy the specificity requirerents 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 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 ratters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be perinitted to participate as a party, i
Those pemitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the 1
opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
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A request for a hearing or a petition for leave to intervene that seeks to invoke the hybrid hearing procedures in accordance with this notice must be filed with the Secretary of the Comission, United States Nuclear Regulatory Comission, Washington, D.C.
20555, Attention: Docketing and 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 1-800-34?-6700). The Western Union cperator should be given Datagrar. identification Numbe'r 3737 and the following wessage addressed to Jose A. Calvo:
petitioner's i
nane 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 Comission, Washington, D.C.
20555, and to Jack R. Newman, Esq., Newran &
Holtzinger, PC., 1615 L Street, h.W., Washington, D.C.
20036, attorney for the licensee, t
Nontirely filings of petitions for leave to intervene, amended petitions, j
supplerental petitions and/or requests for hearing will not be entertained absent a determination by the Comission, the presiding officer or the i
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)(i)-(v)and2.714(d).
If a request for hearing is received, the Comission's staff may issue the amendrent af ter it corpletes its technical review and prior to the
ccepletion of any required hearing if it publishes a further notice for public coment 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 March 8,1988 as supplemented March 26, 1988, which is available for public inspection at the Comission's Public Document Room,1717 H Street, N. W., Washington, D. C. and at the Wharton Junior College, J. M. Hodges learning Center, 911 Boling Highway, Wharton, Texas 77488 and Austin Public Library, 810 Guadalupe Street, Austin, Texas 78701.
Dated at Rockville, Maryland this 9th day of September,1988.
FOR THE NUCLEAR REGULATORY COPF.!SSION lv' G< As m Jose A. Calvo, Director Project Directorate - IV Division of Reactor Projects - !!!,
IV, Y and Special Projects Office of Nuclear Reactor Regulation
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