ML20209G737

Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716

ML20209G737
Person / Time
Site:	Harris
Issue date:	07/16/1999
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:
References
CON-#399-20656 99-762-02-LA, 99-762-2-LA, LA, NUDOCS 9907190237
Download: ML20209G737 (7)

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}O Y UNITED STATES OF AMERICA NO NUCLEAR REGULATORY COMMISSION M RC b ATOMIC SAFETY AND LICENSING BOARD

'pg di 16 P2 :52 Before Administrative Judges:

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G. Paul Bollwerk, III, Chairman bv Frederick J. Shon AOdUb r

Dr. Peter S. Lam Q M I 6.E In the Matter of Docket No. 50-400-LA CAROLINA POWER & LIGHT COMPANY ASLBP No. 99-762-02-LA (Shearon Harris Nuclear July 16, 1999 Power Plant)

NOTICE OF HEARING (License Amendment Application to Expand Spent Fuel' Pool Capacity)

In this proceeding, Carolina Power & Light Company (CP&L) has applied under 10 C.F.R. S 50.90 for a license amendment to increase the spent fuel storage capacity at its Shearon Harris Nuclear Power Plant (Harris), located in Wake and Chatham Counties, North Carolina. In its December 23, 1998 amendment request, CP&L seeks authorization to add rack modules to spent fuel pools "C" and "D" and place the pools in service. On January 7, 1999, the NRC staff issued a notice that the agency is.(1) considering this license amendment application; (2) considering making a no significant hazards determination under 10 C.F.R. S 50.92 i

that would permit issuance of the amendment; and (3) affording the opportunity for a formal adjudicatory hearing 9907190237 990716 PDR ADOCK 05000400 Og G PDR ,

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! 1 on the CP&L application. The notice was published in the Federal Recister on January 13, 1999. (64 Fed. Reg. 2237 (1999).)

By filing dated February 12, 1999, petitioner Board of Commissioners of Orange County, North Carolina, (BCOC) made a timely request for a hearing relative to the CP&L license 3 amendment application. On February 18, 1999, the Secretary of the Commission referred the CP&L application to the Atomic Safety and Licensing Board Panel to conduct any subsequent adjudication. On February 24, 1999, this Licensing Board was appointed to preside over this proceeding. (64 Fed. Reg. 10,165 (1999).) The Board consists of Frederick J. Shon, Dr. Peter S. Lam, and G. Paul Bollwerk, III, who serves as Chairman of the Board.

On May 13, 1999, the Board conducted a one-day prehearing conference in Chapel Hill, North Carolina, to hear oral argument on the issues of BCOC's standing and the admissibility of its eight proffered contentions. The Board ruled on those matters in a July 12, 1999 issuance in which it concluded (1) BCOC did have standing to intervene as of right; and (2) two of its eight contentions were admissible.

Accordingly, BCOC's hearing request was granted and it was admitted as a party to this proceeding. ( Carolina Power &

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l I l Licht Co. (Sharon Harris Nuclear Power Plant), LBP-99-25, 50 NRC (July 12, 1999).)2 In light of the foregoing, please take notice that a hearing will be conducted in this proceeding. This hearing will be governed by th.e formal hearing procedures set forth in 10 C.F.R. Part 2, Subpart G (10 C.F.R. SS 2.700 .790),

subject to any election by the parties to utilize the hybrid hearing procedures in 10 C.F.R. Part 2, Subpart K (10 C.F.R.

SS 2.1101 .1117).

During the course of the proceeding, the Board may conduct an oral argument, as provided in 10 C.F.R. SS 2.755, 2.1113, may hold additional prehearing conferences pursuant to 10 C.F.R. S 2.752, and may conduct evidentiary hearings in accordance with 10 C.F.R. SS 2.750 .751, 2.1115. The public is invited to attend any oral argument, prehearing

-conference, or evidentiary hearing. Notices of those sessions will be published in the Federal Recister and/or made available to the public at the NRC Public Document Rooms.

Additionally, as provided in 10 C.F.R. S 2.715(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on-the issues in this proceeding. These statements 1

l A copy of the Board's July 12, 1999 decision can be I found on the Internet at www.nrc. gov /OPA/ reports /lbp9925.htm.

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P do not. constitute evidence, but may assist the Board and/or parties in defining the issues being considered. Persons wishing to submit a written limited appearance statement should send it to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC. 20555-0001, Attention: Rulemakings and Adjudications Staff. A copy of l

the statement also should be served on the Chairman of the

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Atomic Safety and Licensing Board. At a later date, the l

Board may entertain oral limited appearance statements at a 1 location or locations in the vicinity of the Harris facility. Notice of any oral limited appearance sessions will be published in the Federal Recister and/or made available to the public at the NRC Public Document Rooms.

Documents relating to this proceeding are available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.

20555; and at the NRC Local Public Document Room at the i

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a Cameron Village Regional Library, 1930 Clark Avenue, Raleigh, North Carolina 27605.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 2 k , O l' & A ll G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville, Maryland July 16, 1999 l'

2 Copies of this notice of hearing were sent this date by.Internet e-mail transmission to counsel for (1) applicant CP&L: (2) intervenor BCOC; and (3) the NRC staff.

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of CAROLINA POWER & LIGHT COMPANY Docket No.(s) 50-400-LA (Shearon Harris Nucl. r Power Plant)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB NOTICE OF HEARING DTD 7 have been served upon the following persons by U.S. mail, first class, ex/16 as otherwise noted and in accordance with the requirements cept of 10 CFR Sec. 2.71 Office of Commission Appellate Administrative Judge Adjudication G. Paul Bo11werk, III, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Frederick J. Shon Administrative Judge Peter S. Lam Atomic Mail Stop Safety and Licensing Board Panel Atomic Safety and Licensing Board P

- T-3 F23 U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Richard G. Bachmann, Esq.

Susan L. Uttal, Esq.

Diane Curran, Esq.

Office of the General Counsel Mail Stop 15 818 Harmon, Curran, Spielberg U.S. Nuclear Regulatory Commission & Eisenberg, L.L.P.

Washington, DC 20555 1726 M Street, NW, Suite 600 Washington, DC 20036

! William D. Johnson Vice President and Senior Counsel John H. O'Neill, Jr., Esq.

l Carolina Power & Light Company William R. Ho11away, Esq.

! P. O. Box 1551 Shaw, Pittman, Potts & Trowbridge l Raleigh, NC 27602 2300 N Street, NW l

Washington, DC 20037 i

Docket No.(s)50-400-LA- .

LB NOTICE OF HEARI;4G DTD 7/16 Dated at Rockville, Md. this 16 day of July 1999 + - ,

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