ML20235S792

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Notice of Consideration of Issuance of Amends to Licenses NPF-9 & NPF-17 & Opportunity for Hearing on 890210 Request to Revise Tech Spec 4.8.1.1.2.e to Allow Certain 18-month Diesel Generator Surveillances During Shutdown & Operation
ML20235S792
Person / Time
Site: Mcguire, McGuire  Duke Energy icon.png
Issue date: 03/01/1989
From: Hood D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20235S781 List:
References
NUDOCS 8903080017
Download: ML20235S792 (6)


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UNITED STATES NLCLEAR' REGULATORY COPNISSION p

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DOCKET NCIS. 50-369 AND 50-370 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS

.s TO FACIL'TY OPERATING LICENSES AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Commission (the. Commission) is considering issuance of.amendmenth to Facility Operating License No. NPF-9 and Facility Operating License No.. NPF-17 issued to Duke Power Company (the' licensee), for operation of the McGuire Nuclear' Station, ' Units 1 and 2,' located in Mecklenburg County, North Carotlina.

, The proposed amendments would revise Technical Specification (TS) 4.8.1.1.2.e to' allow .certain 18-month diesel generator surveillance that are presently v.

required to be performed:during unit shutdown, to also be conducted during unit' operation (i.e., without restriction to the shutdown mode). Specifically, the existing mode restriction wou'Id be removed from the following subparagraphs of TS 4.8.1.1.2.e: 2, 3, 5, 6.c, 11, 11, 12, 13, 14, and 15. The remaining -

subparagraphs would retain the shutdown mode restriction, but the restriction would be designated separately for each subparagraph, rather than collectively.

.The amendments were requested in a letter dated February 10,1989.

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

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y By . dj /7d , the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility operuing licenses 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 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 Commission's " Rule of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. If a request for a hearing or petitibn 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 should specifically explain the reasons why intervention should be L permitted with particular reference to the following factors: (1) the nature 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 aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a

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- petition forsleave 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 prehearing conference scheduled in the proceeding, but such i

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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 'l 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 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 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 Commission, United States Nuclear Regulatory Comission, Wash 1'ngton, D.C. 20555,' Attention: Docketing and Service Branch, or may .be delivered to the Commission's Public Document Room,1717 H Street, N.W. 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 or representative for the petitioner promptly so inform the Consission by a toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800-342-6700). The Western Union operator should be given Datagram Identification

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I Number 3737 and the following message addressed to David B. Matthews, Director, Project Directorate II-3; (petitioner's name and telephone number); (date petition

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was mailed); (plant name); and (publication date and page nunber of this FEDERAL REGISTERnotice). A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555, and to Mr. Albert Carr, Duke Power Company, 422 South Church Street, Charlotte, North Carolina 28242.

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 Commiss. ion, 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 1

2.714(a)(1)(1)-(v)and2.714(d).

If a request for hearing is received, the Commission'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 comment of its proposed finding of no significant hazards consideration in accordance with 10 CFR 50.91 and 50.92.

For further details with respect to this action, see the application for amendment dated February 10, 1989, which is available for public inspection at i

the Comission's Public Document Room, 2120 L Street, N.W., Washington, D. C.

20555, and at the Atkins Library, University of North Carolina, Charlotte (UNCC Station), North . Carolina 28242.

Dated at Rockville, Maryland, this 1st day of fiarch 1989.

FOR THE NUCLEAR REGULATORY COMMISSION

44. o8I Darl S.' Hood, h et Manager '

Project Directorate II-3 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation

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the Commission's Public Document Room, 2120 L Street, N.W. , ' Washington, D. C.

20555, 'and at the Atkins Library, University of North. Carolina, Chaslotte I~ (UNCC Station), ' North Carolina 28242.

Dated. at Rockville, Maryland,ithis 1st' day of March 1989.

.FOR THE. NUCLEAR REGULATORY COMMISSION-9/ /

Darl S. Hood, Project Manager Project Directorate 11-3 Division of Reactor Projects I/II:

Office of Nuclear Reactor Regulation

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