ML20154N221
| ML20154N221 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 05/24/1988 |
| From: | Milano P Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20154N191 | List: |
| References | |
| NUDOCS 8806020233 | |
| Download: ML20154N221 (6) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION OMAHA PUBLIC POKER DISTRICT DOCKET NO. 50-285
- NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSEC NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U. S. Fuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-40, issued to Omaha Public Power District (the licensee), for the operation of the Fort Calhoun Station, Unit No. 1, located in Washington County, Nebraska.
The proposed amendment would delete Figure 5-1, "0 PPD Support Staff" and Figure 5-2, "Fort Calhoun Station Organizational Chart" from the Technical Specifications (TS).
Additionally, organizational titles and job responsi-bilities would be revised to reflect organizational and administrative changes.
The preposed amendment supersedes the previous request for amendment dated April 15, 1988.
Before issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
The Comission has made a proposed determination that the request for amendment involves no significant hazards consideration. The Comission has provided guidance concerning the application of the standards for determining whether a significant hnards consideratien exists by providing certain examples (51 FR 7751) of amendments that are considered not likely to involve significant hazards considerations. This at..endment request it similar to the gf0hb P
o example of a purely administrative change to the Technical Specifications.
This amendment request is also similar to the example that constitutes an additional limitation, restriction, or control not presently included in the Technical Specifications. Based on the above, the Comission proposes to deterrine that the requested amendment does not involve a significant hazards censiceration.
The Comission is seeking public coments on this proposed detemination.
Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Comissier will nomally make a final determination unless it receives a request for a -
final detemination unless it receives a request for a hearing.
Comments should be addressed to the Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U. S. Nuclear Regulatory i
Comission, Vashington, D. C. 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice.
By June 30, 1953, 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 the proceeUing and who wishes to participate as a party in the proceeding must file a written l
l petition for leave to intervene. Request for a hearing and petitions for leave to intervene must be filed in accordance with the Cemission'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 Panel will rule on l
l 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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4 As required by 10 CFR 2.714, a petition for leave to intervene must 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 shculd 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 proceedings; (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 the 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 proceeding, but such an arended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, the petitioner shall file a supplement to the petition tc 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 should be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supplement whirt. satisfies these requirements with respect to at least one contention will not be pemitted to participate as a party.
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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.
If a hearing is requested, the Comission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held.
If the final determination is that the request for amendment involves no significant hazards consideration, the Comission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearino held would take place after issuance of the amendment.
Normally, the Comission will not issue the anendment until the expiration of the 30-day notice period. However, should circumstances change during the notice such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Comission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The fir.al determination will consider all public and state coments received.
Should the Corrnission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance. The Comission expects that the need to take this action will occur very infrequently.
A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U. S. Nuclear Regulatory
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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 reouested that the petitioner promptly so inform the Comission by toll-free telephone call to Vestern Union at (800) 325-6000 ( inMissouri(800)342-6700). The Western Union cperator sho11d be give Datagram Identification Number 3737 and the following message addressed to Jose A. Calvo: petitioner's name and telephone number; date petition was mailed; plant name; and publicatien 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-Rockville, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, and to LeBoeuff, Lamb, Leiby and MacRae, 1333 New Hampshire Avenue, N.W., Washington, D. C. 20036, attorneys for the licensee.
Nontimely filings cf the petition for leave to intervene, amended petitions, supplemental petitions and/or recuests for hearing will not be entertained absent a determination by the Comission, the presiding officer or the presiding Atomic Safety and Licensing Board, that the request should be granted based upon a balancing of the factors specified in 10CFR2.714(a)(1)(f)-(v)and2.714(d).
For further details with respect to this action, see the application for amendment which is available for public inspection at the Comission's Public
t 6-Document Room, 1717 H Street, N.W., Washington, D. C., and at the W. Dale Clark Libra ~ry, 215 South 15th Street, Omaha, tiebraska 68102.
Dated at Rockville, Maryland, this 24th day of May, 1988.
FOR THE NUCLEAR REGULATORY COVEISSION
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Patrick D. Milano, Project Manacer Project Directorate IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation 9
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