ML20236E306
| ML20236E306 | |
| Person / Time | |
|---|---|
| Site: | Duane Arnold  |
| Issue date: | 03/17/1989 |
| From: | Colburn T Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20236E310 | List: |
| References | |
| NUDOCS 8903240092 | |
| Download: ML20236E306 (7) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION-IOWA ELECTRIC POWER COMPANY, ET AL.
DOCKET NO. 50-331 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION AND OPPORTUNITY FOR HEARING 3
The U. S. Nuclear Regulation Comission (the Comission) is
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considering issuance of an amendment to Facility Operating License No.
1 NPF-49, issued to the Iowa Electric Power Company, the Central Iowa Power Cooperative, and the Corn Belt Power Cooperative for operation of the Duane Arnold Energy Center (DAEC) located in Linn County, Iowa, The amendment would modify the Specifications issued as part of
-theRadiologicalEffluentTechnicalSpecifications(RETS). The proposed modifications are administrative in nature and incorporate clarifications
' as well as typographical corrections to improve format consistency with the rest of the DAEC TS.
Before 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 Comission's regulations.
The Comission has made a proposed determination that the amendment request involves no.significant hazards consideration. Under the Comission's regulations in 10 CFR 50.92, this means that operation of thefacilityinaccordancewiththeproposedamendmentwouldnot(1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possiblity of a new I
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'e or different kind of accident from any accident previously evaluated;
,or(3)involveasignificantreductioninamarginofsafety. The basis for this proposed determination is provided below.
The Commission has provided guidance for the application of criteria for no significant hazards determination by providing examples of amendments that are considered not likely to involve significant hazardsconsiderations(51FR7751). The examples include: (1)a purely administrative change to Technical Specifications: for example, a change to achieve consistency throughout the TS, correction of an error, or a change in r. nomenclature. The pro osed modifications fall within the scope of example (1) because they are administrative and do not remove or relax any existing requirements. Since the application l
for the amendment involves proposed modifications that are encompassed by an example of an action not likely to involve a significant hazards consideration, the staff has made the proposed determination that the amendment involves no significant hazards consideration.
The Commission is seeking public comments on this proposed deter-1 l
mination. Any comments received within 30 days after the date of l
publication of this notice will be considerec in making any final determination. The Commission will not normally make a final determi-nation unless it receives a request for a hearing.
Written comments may be submitted by mail to the Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of Administration and Resources Management, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and should cite the publication date and page number of the FEDERAL REGISTER notice.
i u______________.___________________
Written coments may also be delivered to Room P-216, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m. to 4:15 p.m.
' Copies of written coments received may be examined at the NRC Public
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i Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C.
The filing of requests for hearing and petitions for leave to intervene is discussed below.
By April 24, 1989, the licensee may file a request for a I
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 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 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 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 Boa-d will issue a notice of hearing or an appropriate order.
As required by 10 CFR 92.714, 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) the nature of the petitioner's right under the
3 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; s,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 petition for leave 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.
1 Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a I
supplement to the petition to intervene which must include a list of 1
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 amend-ment 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 l
l hearing, including the opportunity to present evidence and cross-1 l
examine witnesses, o
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i If a hearing is requested, the Comission will make a final detennination on the issue of no significant hazards consideration.
'.The final determination will serve to decide when the hearing is held.
If the final determination is that the amendment request involves no significant hazards consideration, the Comission may issue the amendment and make it effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.
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If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.
Ihrmally, the Comission will not issue the amendment until the expiration of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, i
the Comission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State cocnents received.
Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance.
The Comission expects that the need to take this action will occur very infrequently.
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
\\ omission, Washington, D.C. 20555, Attention: Docketing and Service C
Branch, or may be delivered to the Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C., by the above date. Where petitions are filed during the last ten (10) days of the i
notice period, it is requested that the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at 1 (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 Newman and Holtzinger,1615 L Street, N.W., Washington, D.C. 20036, 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 Atomic Safety and Licensing Board that the petition and/or request, should be granted based upon a balancing of the factors specifiedin10CFR2.714(a)(1)(1)-(v)and2.714(d).
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For further details with respect to this action, see the application for amendment dated April 24, 1987, which is available for public
'. inspection at the Connission's Public Document Room, the Gelman Building, 2120 L Street, N.W. Washington, D.C.
20555, and at the Cedar Rapids Public Library, 500 First Street, S.E., Cedar Rapids, Iowa 52401.
Dated at Rockville, Maryland, this 17th day of March 1989.
1 FOR THE NUCLEAR REGULATORY COMMISSION Y
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Timothy G. Colburn, Acting Director Project Directorate III-3 Division of Reactor Projects - III IV, V and Special Projects Office of Nuclear Reactor Regulation 1
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