ML20214G515

Forwards Proposed Notice of Hearing on Util Application for Permit to Const Facility for Concurrence/Corrections by 720726

ML20214G515
Person / Time
Site:	Columbia
Issue date:	07/20/1972
From:	Boyd R US ATOMIC ENERGY COMMISSION (AEC)
To:	Engelhardt T US ATOMIC ENERGY COMMISSION (AEC)
References
CON-WNP-0118, CON-WNP-118 NUDOCS 8605220247
Download: ML20214G515 (10)

Text

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Docket No. 50-397

• A 2 0 M Thomas F. Engelhardt Office of the General Counsel PROPOSED NOTICE OF HEARUM - HANFORD NUMBER Tim - DOCFJT NO. 50-397 Enclosed is a peoposed notice of hearing on the application of the Washington Public Power Supply Systen for a permit to construct the Hanford Number Two Nuclear Plant. I would appreciate having your concurrence or necessary corrections by the close of business on Wednesday, July 26, 1972.

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of )

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WASilINGTON PUBLIC F0WER SUPPLY ) Docket No. 50-397 SYSTEM )

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(Hanford Number Two Nuc1 car Plant) )

NOTICE OF HEARING ON APPLICATION FOR CONSTRUCTION PERMIT Pursuant to the Atonic Energy Act of 1954, as amended (the Act),

and the regulations in Title 10, Code of Federal Regulations, Part 50, "Licenaing of Production and Utilization racilities," and Part 2, " Rules of Practice," notice is hereby given that a hearing will be held, at a time and place to be set in the future by an Atomic Safety and Licensing Board (Board), to considet the application filed under the Act by the Kashington Public Power Supply System (the applicant), for a construction permit for a boiling water nuclear reactor desigr.sted as Hanford Number Two Nuclear Plant (the f acility), which is designed for initial operation at approxinstely 3323 thermal megawatts with a net electrical output of approximately 1110 megawatts. The proposed facility la to be located on a site leased frcm the U. S. Atomic Energy Conmissinn (Commission) within the Ccmmission's Hanford Reservation in Benton County, Washington, about 12 miles north of the City of Richland, Washington. The hearing will be held in the vicinity of the site of the proposed facility.

The Board will be designated by the Atomic Energy Commission. Notice as to its racebership will be published in the FEDERAL REGISTER.

The date and place of a prehearing conference will be set by the Board. The date and place of the hearing will be set at or after the prehearing conference. In setting these dates due regard will be had for the convenience and necessity of the parties or their representatives, as well as of the Board members. Notices of the dates and i, laces of.the pre-hearing conference and the hearing will be published in the FEDERAL REGISTER.

Upon receipt of a favorable report by the Advisory Committee on Reactor Safeguards (ACRS) and upon completion by the Conmission's regulatory staff of a favorable safety evaluation of the application and an environ-mental review, the Director of Regulation will consider making affirmative findings on Items 1-3, a negative finding on Iten 4, and an affirmative finding on Item 5 specified below as a basis for the issuance of a con-struction permit to the applicant:

Issues Pursuant to the Atomic Energy Act of 1954, as anended

1. Whether in accordance with the provisions of 10 CFR 50.35(n):

(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; 1

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(b) Such further technical or design information as may be required to complete the safety analysis and which can reasonably be left for later consideration, will be supplied in the final safety analysis report; (c) Safety features or components, if any, which require research and development have been described by the applicant and the applicant has identified, and there will be conducted a research and development program associated with such features or com-ponents; and (d) On the basis of the foregoing, there is reasonable assurance i 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 consideration the site criteria contained 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;

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 Policy 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.

In the event that this proceeding is not a contested proceeding, as defined by 10 CFR 92.4(n) of the Commission's " Rules of Practice,"

- the Board will (1) without conducting a de novo review of the application, consider the issues of whether the application and the record of the pro-ceeding contain sufficient information, and the review of the Connission's regulatory staff has been adequate, to support the findings proposed 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 construction permit proposed to be issued by the Director of Regulation; and (2) determine whether the environmental review con-ducted by the Commission's regulatory staff pursuant to Appendix D of 10 CFR Part 50 has been adequate.

In the event that this proceeding becomes a contested proceeding, the Board will decide any matters in controversy among the parties and consider

and initially decide, as issues in this proceeding, Items 1-5 above as a basis for determining whether the construction permit should be 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.ll 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 pro-ceeding; (2) independently consider the final balance among conflicting factors contained in the record of the proceeding with a view to determining the appropriate action to be taken; and (3) determine whether the construc-tion permit should be granted, denied, or appropriately conditioned to protect environmental values.

As they become available, the application, the proposed construction permit, the applicant's sumnary of the application, the ACRS report, the Safety Evaluation by the Commission's regulatory staff, the applicant's Environmental Report, the Detailed Statement of Environmental Considerations, and the transcripts of the prehearing conference and of the hearing, will be placed in the Commission's Public Document Roon, 1717 H Street, N. W.,

Washington, D. C., where they will be available for inspection by members of the public. Copies of those documents will also be made available at the Richland Public Library, Swift and Northgate Streets, Richland,

l Washington 99352, for inspection by members of the public during business hours. Copies of the proposed construction permit, the ACRS report, the regulatory staff's Safety Evaluation and the Detailed Statement on Environ-mental Considerations may be obtained, when available, by request to the Deputy Director for Reactor Projects, Directorate of Licensing, United States Atomic Energy Conmission, Washington, D. C. 20545.

Any person who wishes to make an oral or written statenent in this proceeding setting forth his position on the issues specified, but who does not wish to file a petition for leave to intervene, may request permission to make a limited appearance pursuant to the provisions of 10 CFR 92.715 of the Commission's " Rules of Practice." Limited appear-ances 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 make a limited appearance are requested to inform the Secretary of the Commission, United States Atomic Energy Com-mission, Washington, D. C. 20545, not later than thirty (30) days from the date of publication of this notice in the FEDERAL REGISTER.

Any person whose interest raay be affected by the proceeding who does not wish to make a limited appearance and who wishes to participate as a party in the proceeding must file a petition for leave to intervene.

Petitions for leave to intervene, pursuant to the provision of 10 CFR 92.714 of the Commission's " Rules of Practice," must he received in the Office of the Secretary of the Commission, United States Atonic Energy Commission, Washington, D. C. 20545, Attention: Chief, Public Proceedings Branch, or the Commission's Public Document Room, 1717 H i

i Street, N. W., Washington, D. C. not later than thirty (30) days from 4

the date of publication of this notice in the FEDERAL REGISTER. The petition shall set forth the interest of the petitioner in the proceed-I j ing, how that interest may be affected by Commission action, and the contentions of the petitioner in reasonably specific detail. A petition which sets forth contentions relating only to matters outside the Commission's jurisdiction will be denied. A petition for leave to inter-vene which is not timely will be denied, unless, in accordance with 10 CFR i

92.714, the petitioner shows good cause for failure to file it on time.

a A person permitted to intervene becomes a party to the proceeding, and has all the rights of the applicant and the regulatory staff to participate fully in the conduct of the hearing. For example, he may examine and cross-examine witnesses. A person permitted to make a limited appearance 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 the hearing as specified in i

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the issues set out above. A member of the public does not have the right to participate unless he has been granted the right to intervene as a party or a right of limited appearance.

An answer to this notice, pursuant to the provisions of 10 CFR 92.705 of the Commission's " Rules of Practice," must be filed by the applicant not later than twenty (20) days from the date of publication of this notice in the FEDERAL REGISTER. Papers required to be filed in this proceeding may be filed by mail or telegram addressed to the Secretary of the Com-mission, United States Atomic Energy Commission, Washington, D. C. 20545, Attention: Chief, Public Proceedings Branch, or may be filed by delivery to the Commission's Public Document Room, 1717 H Street, N. W., Washington, D. C.

Pending further order of the Board, parties are required to file, pursuant to the provisions of 10 CFR 82.708 of the Commission's " Rules of Practice," an original and twenty conformed copies of each such paper with the Commission.

With respect to this proceeding, the Commission has delgated to the Atomic Safety and Licensing Appeal Board the authority and the review function which would otherwise be exercised and performed by the Com-mission. The Commission has established the Appeal Board pursuant to i

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10 CFR Section 2.785 of the Conunission's " Rules of Practice," and has made the delegation pursuant to subparagraph (a)(1) of that section.

The Appeal Board will be composed of the Chairman, the Vice Chairman and a third member to be designated by the Cossaission.

UNITED STATES ATOMIC ENERGY COMMISSION W. B. McCool Secretary of the Conunission Dated at this day of , 1972 O