ML20198F175

Notice of Hearing on Application for CP for Facility

ML20198F175
Person / Time
Site:	Washington Public Power Supply System
Issue date:	12/14/1973
From:	Bender P NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML20198F167	List: ML20198F162 ML20198F175
References
CON-WNP-0931, CON-WNP-931 NUDOCS 8605280431
Download: ML20198F175 (9)

Text

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,,e-UNITED STATES OF AMERICA ATOMIC ENERGY COFDfISSION In the Matter of

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THE WASHINGTON PUBLIC POWER

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' Docket No. 50-460 SUPPLY SYSTEM

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(WPPSS Nuclear Project No.1)

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NOTICE OF HEARING ON APPLICATION M R CONSTRUCTION PERMIT Pursuant to the Atomic Energy Act of 1954, as amended (the Act),

and the regulations in Title 10, Code of Federal Regulations, Part 50,

" Licensing of Production and Utilization Facilities," and Part 2, " Rules of Practice," notice is hereby given that a hearing will be held by an Atomic Safety and Licensing Board (Board), to consider the application filed under the Act by the Washington Public Power Supply System (the applicant), for a construction permit for a pressurized water nuclear reactor designated as the WPPSS Nuclear Project No.1 (the facility),

which will be designed for operation at approximately 3619 thermal megawatts with a net electrical output of approximately 1206 megawatts.

Ihe proposed facility is to be located in Benton County, Washington.

The hearing, which will be scheduled to begin in the vicinity of the site of the proposed facility, will be conducted by an Atomic Safety and Licensing Board (Board) designated by the Chairman of the Atomic Safety and Licensing Board Panel, consisting of Dr. Donald P. deSylva, Dr. Marvin M. Mann, and Daniel M. Head, Esquire, Chairman.

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Purauant to 10 C:7R : 2.785, an Atomic Safety and Licensing Appeal Board will exercise the authority and the review function which would otherwise be extreined and performed by the Commission. Notice as to the membership of the Appeal Board will be publisheh in the FEDERAL REGISTER at a later date.

Upon completion by dhe Commission's regulatory staff of a favor-able safety evaluation of the application and an environmental review, and upon receipt of a report by the Advisory Committee on Reactor Safeguards, the Director of Regulation will consider making affirmative findings on Items 1-3, a negative finding on Item 4, and an affirmative finding on Item 5 specified below as a basis for th*e issuance of a con-struction permit to the applicant:

Issues Pursuant to the Atomic Energy Act of 1954, as Amended 1.

Whether in accordance with the provisions of 10 CFR S 50.35(a):

(a) The applicant has described the proposed design of the facility including, but not -limited to, the principal architectural and engineering criteria for the design, and has identified the major features or components incorporated therein for the pro-tection of the health and safety of the public; (b) Such further technical or design information as may be required to complete the safety analysis and which can reasonably be lef t e

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for later consideration, will be supplied in the final safety analysis report; (c) Safety featu:es oc components, if any, which require research and development have been described by the applicant and the appli-cant has identified, and there will be conducted a research and development program reasonably designed to resolve any safety questions associated with such features or camponents; and (d) On the basis of the foregoing, there is reasonable assurance that (1) such safety questions will be satisfactorily resolved at or before the latest date stated in the application for completion of construction of the proposed facility, and (ii) taking into con-sideration the site criteria containad in 10 CFR Part 100, the proposed facility can be constructed and operated at the proposed location without undue risk to the health and safety of the public.

2.

Whether the applicant is technically qualified to design and construct the proposed facility;

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3.

Whether the applicant is financially qualified to design and construct the proposed facility; and 4.

Whether the issuance of a permit for construction of the facility will be inimical to the common defense and security or to the health and safety of the public.

Issue Pursuant to National Environmental Poliev Act of 1969 (NEPA) 5.

Whether, in accordance with the requirements of Appendix D of 10 CFR Part 50, the construction permit should be issued as proposed.

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In the event that this proceeding is not a contested proceeding,

._3 defined by 10 CFR 5 2.4(n), the Boar'd will determine: (1) without conduct-ing a cjie novo ev:1.2t_an of the application, whether the application and the record of the proceeding contain sufficient information, the review of the application by the Commission's regulatory staff has been adequate to support the proposed findings to be made by the Director of Regulation on Items 1-4 above, and to support, insofar as the Commission's licensing requirements under the Act are concerned, the issuance of the construction permit proposed by the Director of Regulation; and (2) whether the review conducted by the Commission pursuant to UEPA has bee.1 adequate.

In the event that this proceeding.becomes a contested proceeding, the Peard will coasider and initially decide, as issues in this proceeding, Itcm3 1-5 above as a basis for determining whether a construction permit should bo issued to the applicant.

With respect to the Commission's responsibilities under NEPA, and regardless of whether the proceeding is contested or uncontested, the Board will, in accordance with section A.11 of Appendix D of 10 CFR Part 50:

(1) determine whether the requirements of section 102(2)(c) and (D) of NEPA and Appendix D of 10 CFR Part 50 have been complied with in this proceeding; (2) independently consider the final balance among conflicting factors con-tained in the record of the proceeding with a view to determining the appro-priate action to be taken; and (3) determine whether a construction permit should be issued, denied, or appropriately conditioned to protect environ-mental values.

. The Board will convene a special prehearing conference of the partic-to the proceedint end persons who have filed petitions for leave to inter-vene, or their ev4asel, to be held within sixty (60) days af ter the notice of hearing is published or at such other time as the; Board deems appro-priate, for the purpose of dealing with the matters specified in 10 CFR I 2.751a.

The Board will convene a prehearing conference of the parties, or their counsel, to be held subsequent to any required special prehearing conference, and within sixty (60) days af ter discovery has been completed or at such odher time as.the Board may specify, for the purpose of dealing widi the matters specified in 10 CFR I 2.752.

The Bc td will set the time and place for any special prehearing conference, prehearing conference and evidentiary hearing, and the respec-tive notices will be published in the FEDERAL REGISTER.

Any person who does not wish, or is not qualified, to become a party to this proceeding may request permission to make a limited appearance persuant to the provisions of 10 CFR I 2.715. A person making a limited appearance may make an oral or written statement on the record. He does not become a party, but may state his position and raise questions which he would like to have answered to the extent that the questions are within the scope of Items 1-5 above. Limited appearances will be permitted at the time of the hearing at the discretion of the Board, within such limits and on such conditions as may be fixed by the Board. Persons desiring to e

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r}c a limited appearance are requested to inform the Secretary of the cc mission, and others in the manner specified below.

Any person vaoue interest may be af fected by the proceeding, who wishes to participate as a party in the proceeding must file a written petition under oath or affirmaticn for leave to intervene in accordance with the provisions of 10 CFR 5 2.714. A petition for leave to intervene

-hall set forth the interest of the petitioner in the proceeding, hev that interest may be affected by the results of the proceeding, and any other cententions of the petitioner including the facts and reasons why he shecia be permitted to intervene, with particular reference to the following fcctors:

(1) the nature of the petitioner's right under the Act to be made c party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the passible effect of any order which may be entered in the proceeding en Se petitioner's interest. Any such petition shall be accompanied by a ruoporting affidavit identifying the specific aspect or aspects of the "bject matter of the proceeding as to which the petitioner wishes to intervene and setting forth with particularity both the facts pertaining to his interest and the basis for his contentions with regard to each aspect on which he desires to intervene. A petition that sets forth con-tentions relating only to matters outside the jurisdiction of the Commission will be denied.

Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting lesve to intervene, and have all

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-!chts of the applicant to participate fully in the conduct of the he.:

"ug, such as the azamination and cross-examination of witnesses, with raspect *o thef? watc :1ons related to the matters at issue in the proc:eding.

J A petition for leave to intervene must be filed with the Secretary

,t the Cocmission and others as specified below by' January 21, 1974.

pacition for leave to intervene which is not timely will not be

anted unless the Board determines that the petitioner has made a anascancici showing of good cause for failure to file on time and af ter

-ia 3ccrd has considered those factors specified in 10 CFR 5 2.714(a)

.i-(4) and 5 2.714(d).

An answer to this notice, pursuant to the provisions of 10 CFR 5 2.705 -

a. ce filed by the applicant by January 10, 1974.

?cpers required to be filed in this proceeding shall be filed by mai;

.r telegram addressed to the Secretary of the Consission, Unitec States

.n.mic Energy Commission, Washington, D.C. 20545, Attention: Cr ief, Pub Li:

oceedings Staff, or may be filed by delivery to the Commissior,'s Fublic Tacument Room, 1717 H Street, N.W., Washington, D.C.

Pending forther order of the Board, parties are required to file, pursuant to the provi-sions of 10 CFR $ 2.708, an original and twenty (20) conformed espics of each such paper with the Commission. A copy of any petition for interven-cien or request for limited appearance should also be sent to the Chief F.aaring Counsel, Office of the General Coansel, Regulation, U.S. Atomic e

4 8-Ccznisalon, Washington, D.C. 20545 and to Ridnard Q. Quigley, 22

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s er Supply System, P. O. E x 968, Richland, Washec -

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.c the ap,iicant.

for furcher details, see the application for a $onstruction porcit

. M 0:teber 15,1973, and smendments thereto, and the applicant's

re

uental report datec October 15, 1973, which are available for

.- 1:.spection at the Cocnission's Public Document Room,1717 E S tr 3.

Ucuhington, D.C., becueen the hours of 8:30 a.m. and 5:00 p.m. ::

ty s.

Copies of those documents are also available at the Richlar.d

. ; Listary, Swif t and Northgate Streets, Richland, Washington 9935; arr accian by ec=bert of the public between the hours of 10:00 c.r

..'4 p.m. Monday through Friday and 10:00 a.m. to 5:30 p.m. on

_ 2ny.

.is they become availabic, a copy of the safety evaluatten c: by the Cc= mission's Directorate of Licensing, the Commission's

and final environmental statements, the report of the Advisory

..:ca en laactor Safeguards (ACRS), :ha proposed construction parti..

r.a:Tipts of the prehearing conferences and of the hearing, anc te re._avant documents, will also be avaliabic at the above locaticn:.

.ca of the Directorate of Licensing's safety evaluation report, the

'"misaicn's final environmental statement, the proposed construction

,:rmit, and the ACRS report, may be obtained, when available, by request O

9 L._ :c: tor for Rccctor Projects, Directorate of Licet.;i.

Energy Co=:tission, Washir.gton, D.C. 20545.

UNITED STATES ATOMIC ENET.GY CC'C;3.

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18 By M O

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Paul C. Eenter Secretary of the C3=atas s c r. i n g t o n,

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ay of December, 1973 p

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