ML20199J547
| ML20199J547 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 06/27/1986 |
| From: | Berkow H Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20199J522 | List: |
| References | |
| NUDOCS 8607080365 | |
| Download: ML20199J547 (6) | |
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, UNITED STATES NUCLEAR REGULATORY COMMISSION PACIFIC GAS AND ELECTRIC COMPANY DOCKET NO. 50-133 i NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR PRIOR HEARING HUMBOLDT BAY POWER PLANT, UNIT NO. 3 The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-7, issued to Pacific Gas and Electric Company (the licensee), for the Humboldt Bay Power Plant, Unit No. 3 (the facility), located in Humboldt County, California. The amendment is in response to the licensee's application and Environmental Report dated July 30, 1984, as revised February 28, March 20, April 3. July 11 and 30, October 7, and December 13, 1985, and March 13 and 14, May 14, 16, and 23, and June 12, 1986, related to decomissioning the facility.
Two letters each were dated May 16 and May 23, 1986. The amendment would accomplish the following:
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- 1) Deletion of license conditions required by the " Order for Modification of License" dated May 21, 1976, as revised by Order dated December 31, 1976.
These Orders established requirements in License No. DPR-7 related to seismic investigation, analysis, and modifications that would have to be accomplished prior to a return to power operation following the July 2, 1976 facility shutdown;
- 2) Approval of the licensee's Decommissioning Plan, which involves 30 years of on-site storage of residual radioactivity followed by its removal (SAFSTOR). The licensee also proposes to retain spent fuel on-site in the spent fuel storage pool until a Federal repository is available for the 8607080365 860627 PDR ADOCK 05000133 P PDR
e e aC spent fuel disposal. An Environmental Report submitted with the Decom-l missioning Plan analyzes the environmental impacts of the SAFSTOR option.
The Decomissioning Plan analyzes the proposed monitoring, maintenance and operation of the spent fuel pool and related systems. The Plan and the Environmental Report also analyze potential accidents at the facility and the controls established for radiation protection and the prevention of the release of radioactivity from the site;
- 3) Revision of the technical specifications (TS) to reflect the permanent shutdown and possess-but-not-operate status of the facility. Requirements for facility power operation would be deleted such as: TS for the reactor protection system, the reactor core design features and operating limits, the reactor cooling system, the emergency core cooling system, refueling, and the halogen sampling system. Other TS requirements would be revised to reflect the SAFSTOR status, such as: requirements for radiation monitoring, facility maintenance and spent fuel pool operations; and
- 4) Extension of License No. DPR-7 for 15 additional years from November 9, 2000, to November 9, 2015, to be consistent with the licensee's Decom-missioning Plan that involves 30 years of on-site storage of residual radioactivity. By Amendment No. 19. dated July 16, 1985, the Commission revised License No. DPR-7 to possess-but-not-operate status in partial response to the licensee's July 30, 1984 application. Amendment No. 19 allows the licensee to possess the facility and the byproduct material that was produced by operation of the reactor but prohibits operation of the reactor. Similarly, the amendment allows possession of the spent fuei but not its use in operation of the reactor.
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The NRC staff is preparing a Safety Evaluation and an Environne tal Statement with respect to the licensee's proposed Decommissioning Plan. On November 1, 1984, (49 FR 44D39) the NRC published a Notice of Availability of Licensee's Environmental Report and Notice of Intent by the NRC to Prepare an Environmental Impact Statement. That notice also stated that a public scoping meeting would be held and that a Draft Environmental Statement would be prepared.
The scoping meeting was held in Eureka, California on December 4,1984, to i
allow members of the public to express their views and environmental concerns. Minutes of this scoping meeting are contained in a letter from J. A.
Zwolinski, NRC, to J. D. Shiffer, PG&E, dated December 18, 1984. A Draft Environmental Statement was issued on April 23, 1986, with a notice of its availability for consnent published in the FEDERAL REGISTER on April 28, 1986 (51FR15853). A Final Environmental Statement is being prepared by the NRC staff that will consider public consnents and consnents made by Federal, State and local agencies.
Prior to issuance of the proposed license amendment, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Consnission's regulations.
By August 4, 1986, 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 this proceeding and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene. Requests for hearing and j i
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petitions for leave to intervene shall be filed in accordance with the Commission's " Rules of. Practice for Domestic Licensing Proceedings" as set forth in 10 CFR Part 2. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission, or an Atomic Safety and Licensing Board designated by the Commission, or the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the Secretary of the Commission or the Chairman of the designated Atomic Safety and Licensing Board will issue a Notice of Hearing or an appropriate Order.
As required by 10 CFR Part 2.714, a petition for leave to intervene shall 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 permitted with particular reference to the following factors: (1)thenature 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 aspects (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 for 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.
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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 amendment under consideration. A petitioner who fails to file such a. supplement which satiifies these requirements with respect to at least one contention will not be pemitted 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.
A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D. C. 10555, 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. When 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 (800) 325-6000 (in j Missouri (800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Mr. Herbert N. Berkow: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER
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notice. A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Comission, Washington, D. C. 20555 and to Mr. Phillip A. Crane, Jr., Pacific Gas and Electric Company, Post Office Box 7442, San Francisco, California 94120, attorney for the licensee.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests 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 petition and/or request should be granted based upon a balancing of factors specified in 10 CFR 9 2.714(a)(1)(1)-(v)and2.714(d).
For further details with respect to this action, see the Application for Amendment and Environmental Report dated July 30, 1984, and the above cited revisions, which are available for public inspection at the Comission's Public Document Room,1717 H Street, N.W., Washington, D. C. 20555 and at the Eureka-Humboldt County Library, 421 I Street (County Courthouse). Eureka, California 95501.
Dated at Bethesda, Maryland this 27th day of June 1986.
FOR THE NUCLEAR REGULATORY COMMISSION
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Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B, NRR
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