ML20235J137

Notice of Consideration of Issuance of Amend to Licenses DPR-24 & DPR-27 & Opportunity for Hearing Re Changing Tech Specs to Increase U-235 Content Per Axial Centimeter for Ofa Fuel Assemblies & to Permit Use of Axial Fuel Blankets

ML20235J137
Person / Time
Site:	Point Beach
Issue date:	02/15/1989
From:	Wambach T Office of Nuclear Reactor Regulation
To:
Shared Package
ML20235J139	List: ML20235J137
References
NUDOCS 8902240187
Download: ML20235J137 (5)

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UNITED STATES NUCLEAR REGULATORY COMISSION l~

WISCONSIN ELECTRIC POWER COMPANY L

POINT BEACH NUCLEAR PLANT, UNIT NOS. 1 AND 2 DOCKET N05. 50-266 AND 50-301 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING.

The U.S. Nuclear Regulatory Comission (the Commission) is considering issuance of an amendment to Facility Operating License Nos. DPR-24 and DPR-27, issued to Wisconsin Electric Power Company, for operation of the Point Beach Nuclear Plant, Unit Nos. I and 2, located at the licensee's site in Manitowoc-County, Wisconsin.

The proposed amendment would revise the provisions in the Point BeachNuclearPlant,UnitNos.Iand2,TechnicalSpecifications(TS's) relating to fuel storage. Specifically, the proposed amendment would k

increase the U-235 content per axial centimeter for OFA fuel assemblies from 39.4 to 46.8 grams and would permit the use of axial fuel blankets. The increase in U-235 content for the OFA fuel assemblies corresponds to an increase in fresh fuel enrichment from the current limit of 4.0 to 4.75 weight percent U-235. The U-235 content permitted for standard fuel assemblies would remain unchanged.

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Prior to issuance of the proposed license amendment, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.

By March 27, 1989

, the ifcensee 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 proceed-ing and who wishes to participate as a party in the proceeding must file a written request for hearing and a petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be filed in accordance with the Comission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFP. 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, designated by the Comission or by the Chairman of the 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 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 shculd specifically explain the reasons why intervention should be permitted with particular reference to the following factors:

(1)thenatureofthepetitioner's right under the Act to be made a party to the proceeding; (2) the nature and i

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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 !dentify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petition for leave I

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 pre-hearing 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 that are sought to be litigated in the matter, and the bases for each contention set forth with reason-able specificity.

Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supple-ment 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.

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, 2120 L Street, N.W.,

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.... i 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 I

promptly so inform the Comission by a toll-free telephone call to Western Union i

at1-800-325-6000(inMissouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to John N. Hannon: 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, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts, and Trowbridge, 2300 N Street, N.W., Washington, D.C.

20037, 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 the factors specified in 10 CFR 2.714(a)(1)(i)-(v) and2.714(d).

If a request for hearing is received, the Comission's staff may issue the amendment after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public coment of its intent to make a no significant hazards consideration finding in accordance with 10 CFR 50.91 and 50.92.

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For further details'with respect to this' action, see the application for amendment dated July 6,1988, which is available for public inspection at the Commission's Public Document Room, 2120 L Street, N.W., Washington, D. C.

20555, and at the local public document room at the Joseph P. Mann Library, 1516 Sixteenth Street, Two Rivers, Wisconsin.

Dated at Rockville, Maryland, this 15th day of February

,1989.

FOR THE NUCLEAR REGULATORY COMMISSION I

Y Thomas V. Wambach, Acting Director Project Directorate III-3 Division of Reactor Projects - III, i

IV, Y and Special Projects Office of Nuclear Reactor Regulation 4

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