ML20155B196
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September 19, 1978 MEMORANDUM FOR:
00R Assistant Directors 00R Branch Chiefs 00R Project Managers D0R Licensing Assistants FROM:
Victor Stello, Director. Division of Operating Reactors
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SUBJECT:
00R MEMORANDUM NO. 5: REVISION TO ENCLOSURE 12 2 " Notice of Proposed Issuance of Amendment to Facility Operating License", has been revised to incorporate changes necessitated by recent amendments to 10 CFR Part 2 and to eliminate the need for a
" waiting period" after the expiration of the notice period before issuance of the prenoticed license amendment.
i Amendments may not be issued if a petition to intervene has been filed l
within the 30 days.
Since petitions may be mailed up to the 30th day, it I
has been necessary to wait an additional 5 days to be reasonably sure that no petition has been filed.
In some instances, waiting the extra days may impose severe burdens upon the licensee and the public.
A statement has been added to the Prenotice that requests a petitioner to promptly inform the Commission, by a telephone call via Western Union Datagram to the appropriate Branch Chief, of any petitions filed during the last 10 days of the notice period. This will allow issuance of the
.prenoticed amendment on the 31st day if no Datagrams are received and if there is no other reason to believe that a petition has been filed.
Datagram is Western Union's new 24-hour message service. By merely telephoning the toll-free number and following the simple instructions outlined in the new Frenotice sta'.ement, a petitioner's notice of filing will be received by the NRC Message %nter (P-814) and transmitted to the appropriate Branch Chief within minutes.
Before issuing a prenoticed
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1 e604140402 860327 PDR PR t-2 45FR20491 PDR i
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' license amendment on the 31st day, telephone the Message Center-(X27371)
I for confirmation that no Datagrams have been received.
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Victor Ste(llo, Jr.,
irector Division of Operating Reactors Office of Nuclear Reactor Regulation
Enclosure:
Revised Enclosure 12 to 00R Memo No. 5 cc w/ enclosure:
H. Denton E. Case T. Englehardt, OELD M. Grossman, OELD J. Brilliant, TB R. Boyd D. Vassallo (4)
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e t 2 UNITED STATES NUCLEAR REGULATORY C0tNISSION
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DOCKET NO.
NAME 0F LICENSEE NOTICE OF PROPOSED ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE l
The United States Nuclear Reculatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No.
, issued ',to name of licensee (the licensee), for operation of the p
facility name
' located'in location The amendment would revise the previsions in the Technical Specifications
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i relating to describe chances beine made I
in accordance with the licensee's application for amendment dated Prior to 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. (1)
'By (30 days after publication in FR), the licensee may file a request l
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 proceding and who wishes to participate as a party in the proceeding must file
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' a written petition for leave to intervene.
Requests for a. hearing and petitions
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for leave to intervene shall be filed in accordance with the Cormiission's " Rules of Practice for Domestic Licensing proceedings" in 10 CFR Part 2.
Jf a. request -
(1) if the proposed amer.dment is included in pre-notice package, add the following to the end of this paragraph: "which are set forth in the proposed license atencment."
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for a hearing or petition for leave to intervene is filed by the above date, '
the Ccmission or an Atomic Safety *and Licensing Board,' designated by the Comission or by tne 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
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approh>riateorder.
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. As reqaired by 10 CFR S2.714, a petition for leave tio intervene shall.
,. set forth with par'ticularity the interest of the petitioner in the proceeding, 1
and how that interest may be affected by the resu'lts of the proceeding.
Tne petition should specifically explain the reasons why intervention should be' permitted with particular reference to the following factors: (1) the
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nature of tne petitioner's right under the Act to be made a party'to the e
Proceeding; (2) the nature and extent of the petitioner's property, financial,*
I or other interest in the proceeding; and (3) the possible effect of any. order l
which may be, entered in the proceeding on the petitioner's interest. The f
petition should 'also identify the specific aspect (s) of the suoject matter
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of the proceeding as to which petitioner wishes to intervene. Any person 1
i who has filed a petition for leave to intervene or who has been admitted as a l
I party may amnd his petition, but such an aanded petition must satisfy the 4
I specificity requirements described above.
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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 to intervene which must include a list of the contentiong which are sought to be litigated in the matter, and the bases for each contention set j
forth with reascnable specificity. A petitioner who fails to file such a f
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l supplement which satisfies th'ese requirements with respect to at least one l
f contention will not be permitted to participate as a party.
l Those pemitted to intervene become parties to the proceeding, subject
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.to any limitations in the or' der granting leave to intiervene, and have the l
i opportunity to participate fully in the conduct of the hearing, incliiding i
i the opportunity to present evidence and cross-exami.ne witnesses.
A request for a hearing or a petition for lea've to intervene sha,11 be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D. C. 20555, Attention: Docketing and Service Section,'
i or may be delivered to the Coc. mission'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 Commissionbyatoll-freetelephonecalltoWestern(Unionat(800)325-6400 (in Missouri (800) 342-6600). The Western Union operator should be given
.Datagram Identification Number 3737 and the following message addressed to Branch Chief's name (petitioner's name and telephone number);
(date petition was mailed); (plant name); and'(publication date and page e
number of this FEDERAL REGISTER notice).
A. copy of the petition should also be sent to'the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, and to licensee's attorney's name and address attorney for the licensee.
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Nontimely filings of petitions for leav.e to intervene, amended petitions, l
supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Co:xaission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on,the petition and/or request,
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that the petitioner has made a substantial showing of good cause for the' ~
l granting of a late petition and/or request. That determination will be based,
upon a balancing of the factors specified in 10 CFR 12.714(a)(i)l(v) and
$2.714(d).
For further details with respect to this action, see the application for amendment dated which.is available for public inspection.
1 at the Comission's Public Document Room,1717 H Street, N. W, Washington, D. C., and at the local PDR Dated at Bethesda, Maryland this day of 19 FOR THE NUCLEAB REGULATORY COMMISSION Chief Branch Division of Operating Reactors b
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