ML20196H138
| ML20196H138 | |
| Person / Time | |
|---|---|
| Site: | San Onofre |
| Issue date: | 02/08/1988 |
| From: | Hickman D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20196H143 | List: |
| References | |
| TAC-66970, TAC-66971, NUDOCS 8803100097 | |
| Download: ML20196H138 (6) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION SOUTHERN CALIFORNIA EDISON, COMPANY, ET. AL.
DOCKET NOS. 50-361 AND 50-362 SAN ONOFRE NUCLEAR GENERATING STATION, UNITS 2 AND _3_
NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING The U.S. Nuclear Regulatory Comission (the Comission) is considering issuance of amendments to Facility Operating Licenses No. NPF-10 and NPF-15 issued to Southern California Edison Company, el al., (the licensee), for operation of San Onofre Nuclear Generating Station, Units 2 and 3, located in San Diego County, California. The request for amendments was submitted by letter dated December 30, 1987.
The proposed amendments would authorize each facility to possess byproduct and special nuclear materials produced by the operation of San Onofre Nuclear Generating Station Unit 1 (Docket No. 50-206) as well as byproduct and special nuclear materials produced by its own operation.
Before issuance of the proposed license amendments, 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 amendments involves no significant hazards consideration. Under the Comission's regulations in 10 CFR 50.92, this means that operation of the facility in accordance with the proposed amendments would not (1) involve a
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. significant increase in the probability or consequences of an accident previously evaluated, or (2) create the possibility of a new or different kind of accident from any accident previously evaluated, or (3) involve a significant reduction in a margin of safety.
This determination is based upon the staff's review of the licensee's Final Safety Analysis Report (FSAR) and the staff's "Safety Evaluation Report Related to the Operation of San Onofre Nuclear Generating Station Units 2 and 3" (SER), NUREG-0712. As described in the FSAR, the original design of the facility spent fuel pool, spent fuel pool cooling, and fuel handling systems included provisions for storing Unit 1 spent fuel. These designs were reviewed and found &cceptable to the NRC staff.
Details of the staff's review of storage of Unit 1 byproduct and special nuclear materials at Units 2 and 3 are contained in Sections 9.1.2 and 9.1.3 of the SER. Therefore, the proposed amendments will not change the physical facility, its design, or its function in any way. The proposed change would be in wording only of license condition 2.B.(6) of each license to allow the licensee to use the capability which was provided in the original design and construction of the plant.
The Consnission is seeking public consnents on this proposed determination.
i Any coments received within 30 days after the date of publication of this notice will be considered in making any final determination. The Consnission will not normally make a final determination unless it receives a request for i
a hearing.
i Cossments should be addressed to the Rules and Procedures Branch, Division l
f of Rules and Records. Office of Administration U.S. Nuclear Regulatory Comission. Washington, D.C. 20555, and should cite the publication date and page number of this FEDERAL REGISTER notice.
4 By March 14, 1988, the licensee may file a request for a hearing with i
respect to issuance of the amendments to the subject facility operating licenses, and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene.
Request for a hearing and petitions for leave to intervene must 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 is filed by the above date, the Comission or an 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.
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 should specifically explain the reasons why intervention should be pennitted 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 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 amended petition must satisfy the specificity requirements 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 matters within the scope of the amendments 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 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.
If a hearing is requested, the Commission 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 amendments involves no significant hazards consideration, the Commission may issue the amendments and make them effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendments.
Normally, the Commission will not issue the amendments 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 Commission may issue the license amendments before the expiration of the 30-day notice period, provided that its final determination is that the amendments involve no significant hazards
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. consideration. The final detemination will consider all public and state coments received.
Should the Comission 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 Comission, U.S. 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 promptly so infonn the Comission by a toll-free telephone call to Western Unionat(800)325-6000(inMissourt(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to George W. Knighton:
petitioner's name 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-White Flint, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, and to Charles R. Kocker, Assistant General Counsel and James Beoletto, Esq., Southern California Edison Company, P.O. Box 800, Rosemead, California 91770, attorneys for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, i
supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Comission, the presiding officer or the I
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. 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)(1)-(v)and2.714(d).
For further details with respect to this action, see the application for amendments which is available for public inspection at the Comission's Public Document Room, 1717 H Street, N.W., Washington, D.C., and at the General l
Library, University of California, P.O. Box 19557 Irvine, California 92713.
Dated at Rockville, Maryland, this 8th day of February,1988.
FOR THE NUCLEAR REGULATORY C0m!SSION A.bh ww Donald E. Hickman, Project Manager Project Directorate V Division of Reactor Projects - III, IV, V snd Special Projects l
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