ML20236E661

Notice of Hearing on Issuance of Amend to Facility Ol.* Date That Hearing Ultimately Held Dependent Upon Whether One or More Contentions Suitable for Hearing Develop in Prehearing Procedures.Served on 870729

ML20236E661
Person / Time
Site:	Limerick
Issue date:	07/28/1987
From:	Cole R, Morris P, Wolfe S Atomic Safety and Licensing Board Panel
To:
References
CON-#387-4129 87-550-03-LA, 87-550-3-LA, GL-85-19, OLA, NUDOCS 8708030040
Download: ML20236E661 (4)

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. :' i DNIT5D STATES OF AMERICA

!iUCLEAR REGULATORY COMMISSION l 37 Jul. 29 A10 :21 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges 0F . 3 Doce E

Sheldon J. Wolfe, Chairman l Dr. Richard F. Cole '

Dr. Peter A. Morris SERVED JUL 2 91387

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l Docket No. 50-352-OLA In the Matter of (TSIodine)

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PHILADELPHIA El.ECTRIC COMPANY )

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(Limerick Generating Station, )

July 28, 1987 Unit 1) l NOTICE OF HEARING ON ISSUANCE OF l

AMENDMENT TO FACILIT( OPERATING LICENSE _  !

On March 12, 1987, at 52 Federal Register 7675, 7691-93, the Nuclear Regulatory Comission published a notice cLptioned  !

" Consideration of issuance of Amendme;;t to Facility Operating License and Proposed Na Significant Hazards Consideration Detennir,ation and Opportunity For Hearing." Among other things, the notice stated P. hat:

Generic Letter No. 85-19 " Reporting P. requirements on Primary Coolant Iodine Spikes" was issued on September 27, 1985 to all licensees and holders of construction permits. The Generic Letter stated that the NRC staff had determined that the reporting requirements for iodine spiking could be changed from a short term report (Special Report or Licensee Event Report) to an item which is to be included in the Annual Report. The infonnation to be included in the Annual Report would be similar to tnat previously required in the Licensee Event Report but would be changed to more clearly designate certain desired information. Accordingly, by application dated Aucust 19, 1986, the licensee requested that the Limerick Technical Specification (TS) Section 3.4.5. BASES Section 3/4.4.5 and Section 6.9.1.5 be amended to incorporate the revised reporting requirements as described in the Model 8708030040 870729 ADOCK 05000352

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TS accompanying Generic Letter No. 85-19. i l

The notice also provided that, by April 13, 1987, any person whose

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interest might be affected by this proceeding and who wishes to i

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participate as a party must file a written petition for leave to l l

intervene in accordance with the Consnission's " Rules of Practice" in )

10 C.F.R. Fart 2. On May 7, 1987, an Atomic Safety and Licensing Board was established to rule on petitions for leave to intervene and/or requests for hearing and to preside over the proceeding in the event that a hearing is ordered. The Board's Administrative Judges are Richard F. Cole, Peter A. Morris, and Sheldon J. Wolfe, who will serve as Chairman of the Board.

Mr. Robert L. Anthony and Air and Water Pollution Patrol (AWPP)

As indicated in f filed petitions for a hearing and leave to intervene. }

j its Memorandum and Order issued today, July 28, 1987 (unpublished), the i Atomic Safety and Licensing Board provisionally grants the two petitions l for leave to intervene and provisionally orders a hearing. l Pursuant to 10 C.F.R. 52.751a, the Board will conduct a special .

prehearing conference at the following location at 9:00 a.m. on l September 29, 1987:

Old Customs Courtroom U. S. Customs House Courtroom 300 Second & Chestnut Streets Philadelphia, Pennsylvania 19106 Counsel for the Licensee and for the Staff, Mr. Anthony and the Chainnan of AWPP are directed to appear. This special prehearing conference is held in order to :

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(1) Permit identification of the key issues in the proceeding; (2) TaVe any steps necessary for further identification of the t

issues; (3) Consider all intervention petitions to allow the presiding officer to make such preliminary or final determination as to the parties to the proceeding, as may be appropriate; and (4) Establish a schedule for further actions in the proceeding.

In order that the Board will have sufficient time within which to review contentions proposed by Mr. Anthony and by AWPP and to review the responses of the Licensee and the NRC Staff, pursuant to 992.711 and 2.712, the two Petitioners shall serve, by personal delivery or by express mail so that the Licensee, the Staff and the Board will receive on August 28, 1987, a supplement to each petition for leave to intervene which must include a list of the contentions which they seek to have litigated in the matter, and set forth the bases for each contention with reasonable specificity as required by 62.714(b). Contentions shall be limited to matters within the scope of the amendment under consideration. The Licensee and the NRC Staff shall serve, by personal delivery or by express mail in order that Petitioners and the Board will receive on September 16, 1987 their responses to the proposed contentions.

The public is invited to attend the prehearing conference but An members of the public may not participate in this conference.

opportunity will be provided for any person who wishes to make an oral or written statement in this proceeding but who has not filed a petition for leave to intervene. Any person may request permission to make a

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! 4 limited appearance in order to set forth his position on the issues pursuant to provisions of 10 C.F.R. 62.715 of the Commission's " Rules of Practice." Subject to the conditions set forth in subsequent Orders, limited appearances will be permitted at the time a 52.752 prehearing conference is held and also at the beginning of the hearing, if any.

Persons desiring to make a limited appearance are requested to inform the Secretary of the Commission, U. S. Nuclear Regulatory Comission, Washington, D. C. 20555.

Whether a hearing is ultimately held will depend upon whether one or more contentions suitable for hearing develop in the prehearing procedures to follow this Notice of Hearing.

It is so ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD 20$. Eb Shelden J f olfe, Chhirman ADMINISTRATIVE JUDGE b '

Dr. Richard F. Cole ADMINISTRATIVE JUDGE FA A.. W Fr. Peter A. Norris ADMINISTRATIVE JUDGE ND Dated at Bethesda, Maryland this 28th day of July,1987.

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