ML20236P877

Memorandum & Order (Conference Call).* Util Directed to Meet W/C Rich to Resolve Concerns of Rich & Other Signatories to Rich .Rich Directed to File Amended Petition to Intervene by 880115 If Concerns Unresolved.Served on 871116

ML20236P877
Person / Time
Site:	Saint Lucie
Issue date:	11/13/1987
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	Rich C AFFILIATION NOT ASSIGNED, FLORIDA POWER & LIGHT CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#487-4853 88-560-01-LA, 88-560-1-LA, OLA, NUDOCS 8711190048
Download: ML20236P877 (9)

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DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION _ , , , 1 ATOMIC SAFETY AND LICENSING BOARD &!0 ]7 Before Administrative Judges:. OFFICE OF sgcpgygpv ,

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. B. . Paul Cotter, Jr. , Chairman BRANCH Glenn 0. Bright Dr. Richard F. Cole In the Matter of: Docket No. 50-335-OLA FLORIDA POWER AND LIGHT COMPANY (ASLBPNo. 88-560-01-LA)

(St. Lucie Plant, Unit No. 1) November 13, 1987 s

MEMORANDUM AND ORDER (Conference Call)

On November 12, 1987, the Board held a conference call with the parties to better define the status of the captioned proceeding.

Participants included Campbell Rich for himself as a potential intervenor in the proceeding, Harold F. Reis, Esquire, on behalf of Applicant, and Stephen H. Lewis, Esquire, on behalf of the Nuclear Regulatory Coninission Staff. All three members of the Board were parties to the conference call although Judge Bright was at ano'ther location. )

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On September 30, 1987, Mr. Rich had written to the Secretary to ask i

that a public hearing be held concerning Florida Power & Light Company's application to amend its license to increase the spent fuel pool storage capacity at its St. Lucie Plant, Unit 1, from 728 to 1706 fuel assemblies. The letter was prompted by a newspaper article concerning 8711190048 971113 5 PDR ADOCK 0500 y Y

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~an. August 31, 1987 notice published in the Federal Register describing the proposed amendment, 52 Fed. Reg. 32852'(1987) (copy attached).. The letter was accompanied by the signatures of 19 other Florida residents in support of the hearing request. In pleadings dated November 4 and November 9,1987, Applicant and Staff, respectively, opposed the '!

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admission of Mr. Rich as an intervenor for failure to satisfy all the-requirementsofthegoverningregulation,:10C.F.R.-92.'714'(1987)-(copy l

' attached). ? Applicant. interpreted Mr. Rich's request as seeking an l informal hearing and expressed its willingness- to meet with Mr. Rich and

.the other signatories joining in his letter to explore their concerns ~.,

Staff pointed'out' that if Mr. Rich alleged a specific potential injury-from operation of the facility under the proposed amendment and stated an admissible' contention, he could be admitted as an intervenor.

During the conference call, the foregoing matters were discussed, and Mr. Reis reported that a representative of Florida Power & Light had l contacted Mr. Rich to discuss his concerns. Staff stated its willingness to assist in informally resolving those concerns. It was agreed that 30 days should be allowed to complete those discussions in an effort to resolve the concerns of Mr. Rich and the signatories without need for a formal hearing. Thereafter, in the event a hearing  :

was still. desired, Mr. Rich would be allowed 20 days to file an amended ,

petition to intervene pursuant to 10 C.F.R. $ 2.714(a)(3). Any amended petition should include a list of the contentions which petitioner would seek to have litigated pursuant to 10 C.F.R. 2.714(b).

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ORDER L

For all- the foregoing reasons,. it is this 13th' day of November 1987

• f ORDERED i

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1. That a' representative (s) of Florida Power & Light Company shall meet with Campbell Rich at their mutual convenience to seek l

informal resolution of the concerns expressed by Mr. Rich and the other j signatories to his September 30, 1987 letter; and

2. That if-the concerns described in paragraph I cannot be so {

l resolved on or before December 16, 1987, then petitioner Rich shall on or before January 15, 1988 file an amended petition to intervene, including-a statement of contentions sought to be litigated,that satisfies the requirements of 10 C.F.R. 9 2.714 (1987).  ;

FOR THE AT0 HIC SAFETY AND LI' CENSING BOARD 1

B. Paul Cotter, Jr. , airman l ADMINISTRATIVE JUDGE . I Dated at Bethesda, Maryland, ,

this 13th day of November 1987.

Attachments: As stated  ;

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32852 Federal Register / Vol. 52. No.168 / Monday. August 31,1987V Noticess Section. Land and Na ire \srces \ Aven}te NW Washlogton, DC 2050Q. Enkwmentkthe Arth Wshington.

Division of t Depart at of ju fee. \ A portion of this metting will be open DC 205Q6. or ca!} 202) 682- 33.

to the public on September 16.1987 fro Yvonce E Sabine.

Rose * .

Acting ssistontA y Con 1.Lond d 1# 9"~3D0 PA N* %FiC' I0t Acting Dirrimor. Counca ndPanel Natumi nources ' isione. discussion wHl_ include guidtlines and Operations. Netional Enddwmentfor t. Arts.

19661 File 2H7; 8: aml po cy issues. , \ gust 25.1967. \ \

(FR Doc.

( c.87- 9911 Fi d 8-18-87ts;45 eml .\

Y **** " .

meet n on pte 940 a.m.-5:00 p.m. and September'to.-

1 1 from

" " ' * * \ '

Drug nfore tA ation 1987 from 9:00 am-120 p.m. and 3:

NUCLEAR REGULATORY p.m.-8;00 p.m.Nate for the put ose of Manuf of troNed COMMISSION appl cetion review. In accor ance with Subs A C he determinatiottof the Chairman IDocket No. 50-335) . -

Corp. blished to the F4deral Registae of Fe ary 13.'1980, thtse sessions will be consideration of lesuance of

'fursuant to 1301.43( of Title f - clos to the iNblic pursuant to \ - Amendment to Facility Operating thefode of Fed al Regul ions (CFR Ucense and Proposed No Significant this notice that n Augus 1987, subse ion (c)(4)((6) and(9)(B) of \ Hazards; Consideration Determination section 2b of Tike 5, United Stateh Pha ceuticals D ision.Ci . Geigy \ \ and Opportunity for Hear 6ng; Florida Corpor ion.Regulat ry Comp Code. N Power and Ught Co.

If you ne special'accomddations SEF1 556 Morris venue.S nee mi.t, d to a disa Ii . plea'se contact the New Jerse 07901. mad pplicatio to The U.S. Nuclear Regulatory Of for Spec ConetthiencieeC Commission (the Commission)is .

the Drug En reement A inistratio Nati alEndo ent for t}it Arts.$100 considering issuance of an amendment (DEA) for regi tration as a ulk Perms vania Ave e NW., Washington t manufacturers theSchedul 11 to Facility Operating License No. DRP- f DC. 202/662-5 TTYing/ e7. Issued to Florida Power and Light co rolled subst ce Methylp nidate 5496 atles t seven(7) ays prio o th Company (the licensee), for operation of W2 eeting. the St. Lucie Plant. Unit No 1. located in An ther such ap licant and a urtherinfo ation wit referenc to St. Lucie County, Florida,

 ! I Me amendment would authorize the to n fac ubst ce oa e S bin so "#'""' '"*""** " ~

may fl!e co ments or ob' tions to th Mana mentOffic Natio al

$2, n'ie @,u '"$'s"',

Ed!0s= ,'2'02/ ' *d'" ' "- [,fe6Njd$$'e$,$'

" fuel poolinto two discrete regions. New,

.54 and the form p cribed CFR A ngD/ recto Counedond I high-density storage racks will be .used.

bY21 1316.47- O tions. Not) olEndowm forthe Art %e existing storage racks will be, .

Any a ch commenh objections Au 25.1987. removed. cleaned ofloose l ra a g sy ed 8-28-87; 8:4 aml contamination. packaged and shipped

( "]*s, ,, 9

[HL see 87-19910 Fi um site.

Drug Enfore ent Admin tration. ,

Region 1 of the spent fuel poo'l l United States partment justice.

ag c s e ce bp c 1 7, A enti n: d7ta esister N mehen. All cells can be utilized for Repr sentative (Ro m 1112), an must uantto tion 10(a) of the be file nolater tha September Fe tal Adviso Committee et (Pub L storage and each cell can accept new l 9 ), as amen notice is reby fuel assemblies with enrichments up to 1987. 4.5 weight percent U-235 or spent fuel i

Gene R. alip. given at a meeti of theNisu Arts Adviso Panel (Ova sw Sectio to assemblies that have not achieved 1 putyA.ssi ' ntAdminis . Office of adequate burnup for Region 2. Region 2 the Natio Councilo the Arts wi be Ad n taties. "'# ' . held on Se ember 17-1 1967 from includes 13 modules having a total of a.m. - 5:30 p. . in room 14 of the 1384 storage cells. The cell pitch is 8.86 Dated: August teer-ancy Hanks nter.1100 nnsylvania inches. All cells can be utilized for

( Occ. ar-19H4 &Mt aml A enue NW., shington, 20506. storage and each cell can accept spent

. is meeting be open to be fuel assemblies with various initial publ on a space allable bas The enrichments which have accumulated topics f discussion 11 include minimum burnups. Each cellin each.

NATI AL FOUNDAh ON THEguidelin and other licy issues, region can accommodate a single ARTS A O THE HUMAN ES ifyou ed special a ommodatio Combustion Engineering or Advanced due to a di bility, plea contact the Nuclear Fuel Corporation (formerly

!I Music Adv Panet; M i Office of Sp ial Constitu cies. Exxon) PWR fuel assembly or Pursuant to ection10(a)(2) f the ational Endo ment for th s.1100 equivalent. from either St. Lucie Unit 1.

Fqderal Adviso Committee t(Pub. nsyhania A enus NW., shington or Unit 2. .

L 2-463) as am ded.noticeis ereby D '0506.202/ 5532. "ITY /682- The new racks are not doubleilered t

J giv- that a nieeti of the Music 54 t least seven ) days prio o the and all racks will sit on the spent fuel Advi ry Panel (ja Presenters Se lon) meeti pool floor.%e amendment application to the ationalCoun 1on the Arts 'll . Furt r information 6th ref arende to does not involve rod consolidation. The be held September 16.1987 fro this mee ng can be obt 'ned from MK k.aof the pool will be mainteined at less 9:00 a.m.-5;00 p.m. in to 730 of the - Yvonne Sabine. Advi ry Committee than or equal to 0.95. Neutron absorbers Nancy Hanke Center.11 Pennsylvania Manageme Officer.Nati al in the form of Boraflex will also be used

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32853

31. 1987 / Notices Federal Register / Vol. 52. No.188 / Monday. August on administrative and Technical Accordingly, the proposed Specification controls which ensure that for cdticality control. %e rock vendor modification does not involve a . minimum requirements for decay of has licensed at least 10 other racks of significant increase in the probability of the same design.The construction .an accident previously evaluated. . Irradiated fuel asumblies in the entire -

process and analytical techniquee spent fuel pool are met prior to . ,

FPL evaluated the conuquences of a remain substantially the same as the movement of the cask lato the cask area spent fuel suembly drop in the spent of the spent fuelpool Analyses also previous to racks.Thus, no new or fuel pool (scenario 1) and found that the demonstrate that k will always beleu improved technology is utilized in the crWeality acceptance criterion. K less l construction or analysis of the proposed than the NRC acceptance criterion. la than or equal to 0.95,is not violated. In addition {.) leakage from a cask drop will racks.

This amendment was requestedin the addition FPL found that the radiolegfcal consequences of a fuelassembly drop not exceed the makeup capabilities of '

the spent fuel pool.hus, the licensu's application dated June 12, are not changed from the previous 3 consequences of a cask drop accident

• 1967. analysis.The NRC also conducted an The Commissionhas provided evaluation of the potential conuquences will not increase from previously I standards for determining whether a evaluated accident (analyses).

of a fuelhandling accident.Both FPL The consequences of a constructica significant hazards consideration exists and NRC analyses found that the as stated in to CHL 50.92(c). A proposed accident (scenario 5) are enveloped by calculated doses are less than 10 CFR amendrnent to an operating licenu for a Part 100 guidelines.The resulta of anthe spent fuel cask drop analysis facility involves a significant hazards analysis show that a dropped spent fuel previously pedormed by FPf.la addition, all movement of huvyloads considerationif operation of the facility assembly on the racks will not distort in accordance with the proposed handled during the rereck operation wu!

the racks such that they would not amendment would not:(1) favolve a perform their safety function.nus, the comply with the NRC guidelines significant increase in the probability of consequences of this type accident ar* preunted in NUREG.otit."Controlof consequences of an accident previously Heavy Loads at Nuclur Power Plants.

evaluated: or (2) create the possibility evaluated of not changed spent from fuel asumbly the previously dropa ne consequences' of a constructica .

a new or different kind of accident from which have been found acceptable by accident are not incrased frona - . . '

any accident previously evaluated: or (3) previously evaluated accident.- d .'..M involve a significant reduction in a the NRC. >

The consequences of aless of spent margin of safety. [analysu).%erefore. it is concluded th'st tk fuel pool cooling system Dow (scenario Thelicensee addressed the above proposed anddment to replacees t .

three standards in the amendment 2] have been evaluated and it was found spent fuel racks in the spent fuel pool' % '

that sufficient time is availabe to will not involve a significant increase hr ap(plication, as restated below.1) provideInvolve an alternate a means for cooling significant increase in b probabuity or conuquence of an' '"

the probability or consequences of an (i.e the fire hose stations)in the eventaccident previously evaluaW.

of a failure in the cooling system.Thus, accident previously evaluated. the consequences of this type accident (2) Create the lionibility of a new'or In the course of the analysis. FPL has ' different kind of accident from any' '

. are not significantly increased from considered the following potential accident previously evaluated? -

previously evaluatedloss of cooling

, accident scenarios: FPLhas evaluated the proposed

1. A spent fuel assembly drop in tha system flow accidents.

De consequences of a seismic event modiacaumin acemdance with the .

spent fuel pool.

2. I.oss of spent fuel pool cooling (scenario 3) have been evaluatedguidance,of and the NRC position pape system flow, are acce table.The new racks wiu be designe and fabricated to meet the Acceptance of Spent Fuel Storage and

3. A seismic event, Handling Applications, appropriate

4. A spent fuel cask drop.

requirements of applicable portions of the NRC Regulato Culdes and NRC Regulator 9 Cuides, appropriate

5. A construction accident, NRC Standard Review Plans, and -

The probability of any of the first far published standar ne new free-accidents is not effected by the racka standing racks are designed, as are the appropriate ladustry codes and existing free. standing racka. so that the standards. In addition. PL has themselves: thus the modification letely reviewed several previous NRC Safety cannot increase the probabuity of these floor loading from tacks comfies, Evaluation Reports for rerack fuled with spent fuel assemb accidents. As foe the construction partially filled, or empty at the time of applications sunilar to (its] proposal. As l accident. FPL does not intend to carry  :

the incident, do not exceed the a result of this evaluation and these any rack directly over the stored spent structural capability of the spent fuel reviews. FPL finds that the proposed l fuel assemblies. All work la the spent j pootna FuelHandling Building and modification doos not.in any way, fuel pool area will be controlled and create the posalbility of a new or - l spent fuel pool structure have been performed in strick accordance with . evaluated for the increased loading from different kind of accident from any specific wrf tten procedures. The cran e the spent fuel racks in accordance with accident previously evaluated for the St.  ;

which will be used to bring the rocks ,

the criteria previously evaluated by the Lucie spent fuel storage facility.

into the Fuel Handling Building has been NRC and found acceptable.Thus,(3) theInvolve a significant reduction in a evaluated and meets the requirements of consequences of a seismic event are not

. Section 5.1.1 of NUREG-0012. " Control significantly increased from previously margin of safetyM'fety Evaluation -

The NRC Staff Sa of Heavy Loads at Nuclear Power review process has established that the -

Plants."In addition, the temporary evaluated events.

r- The consequences of a spent fuelcask Issue of margin of safety, when applied construction crane which wtil be used to drop (scenario 4) have been evaluated. to a reracking modification, should move racks within the spent fuel pool address the foQowing areas: m The radiological consequences of the . .

area will meet the design, inspection. cask drop are well within the guidelina 1. Nuclear crit}cality considerations.

testing, and operation requirements of 2.%ermal. hydraulic considerations. .

. . . . of to CFR 100 and the doses are not Section 5.1.1 of NUREG4812.%1s increased as compared to the doses. 3. Mechanical, material and structural

< program provides for the safe handling analyzed for the preuntly installed , - -

of heavy loads in the vicinity of the. . racks.%s cask drop analysis to based

- considerations.. . .h spent fuel poole. . ..

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hI 1 32854 rederal Register / Vol. 52. No.188 / Monday. August 31. 1987 / Notices l

' s" The established acceptance criterion assembtles.The structural full length strips of borallex will be -

for criticality is that the neutron considerations of the new racks address placed between the cell walls and e i i

multiplication factor in spent fuel pools margins of safety against tilting and stainless steel coverplate. In Region 2.

shall be leu than or equal to 0.gs, i

• deflection or movement. such that the full length boraflex strips will be placed < U including all uncertainties, under all racks are not damaged during impact. !n between the adjacent cell walls. i conditions. This margin of safety has addition the spent fuel assembliss The licensee's specification for the N been adhered to in the criticality remain intact and no criticality concerns handling and installation of the boreflex -

analysis methods for the new rack exists.Dus, the margins of safety are requires that it will not be installed in a design. not significantly reduced by the stretched condition. The specification The methods used in the criticality proposed rerack. precludes the use of adhesives in the i analysis conform with the applicable ~ The staff has reviewed the licensee's attachment of the boreflex to the rack .

portions of the appropriate NRC no significant hazards consideration '

cell walls. FP&L will require that the guidance and industry codes, standards. determination analysis and agrees with manufacturing process avoid techniques and specifications. In meeting the their conclusions. However, the staff which could pinch the boreflex.no acceptance criteria for criticality in the believes that the licensee's no design of the racks requires that p j

spent fuel pool, such that k.e is always significant hasards consideration additionallengths of bornflex.i.e r less than 0.96. including uncertainties at (NSHC) analysis could have been more greater than the active length of a fuel l e 95%/955 probability confidence level. explicit in a number of aress.Dese assembly, be installed to account for I the proposed amendment to rerack the areas are (1) pool water temperature anticipated shrinkage of the boraflex.

spent fuel pool does not involve a under normal and abnormal conditions, Based upon the above, the staff does not significant reduction in a margin of (2) recent borsflex problems, and (3) envision that the propowd rocks will safety for nuclear criticality, construction accidents, experience the bort!!ex cracking  ;

Conservative methods are used to De licensee states in the NSHC problems experienced elsewhere. %us, ,

calculate the maximum fuel temperature analysis that the safety evaluauon the k of the poolwillbe maintained z and the increase in temperature of the shows that the existing spent fuel less than or equal to 0.95. '

water in the spent fuel pool.The cooling eystem will maintain the bulk ne most limiting construction thermal-hydraulic evaluation uses the pool water temperature at or below accident postulated for the spent fuel methods und for evaluations of the 150.8* F, and that a margin of safety pool by the licensee is a 25 ton cask j present spent fuel tacks in exists such that the maximum allowable drop accident. His is the most !!aiting.

demonstrating that temperature margins temperature of 21r is not exceeded. accident postulated at this time and it of safety are maintained. The proposed This statement addresses the abnormal will remain the most limited as a result modification will lacrease the heat load maximum heatload(full core unload) of the proposed rereck.This appears in the spent fuel pool The evaluation case: the staff's Standard Review Plan reasonable because no existing rack or shows that the existing spent fuel (SRP) for full core unload calls for the proposed rack weighs more than 25 tons.

cooling system will maintain the bulk pool water temperature to be kept below In practice, the technical specification pool water temperature at or below boiling. %us, the license (s analysis and prohibit any load in excess of 2 tons to 150.8* F. Dus a margin of safety exista results for this case meet the SRP. De be carried over irradiated fuelin the such that the maximum allowable licensee did not address the maximum storsse pool and also prohibit the cask temperature of 21r F is not exceeded normalbest load case in the NSHC crane from picking up any load over 26 for the calculated increase in pool heat analysis.The staff's review of the tons. Nevertheless, the license (s load.no evaluation also shows that licensee's associated safety evaluation updated safety analysis report for IJnit maximum local water temperatures concludes that the maximurn normal No.1 analyzed this postulated accident along the bottest fuel assembly are well heat load case was also evaluated.The in section 9.1,4. entitled " Fuel Handling below the nucleate bouing condition licensee calculated a maximum pool System." The licensee evaluated the values.Thus, there is no signincant water temperature of 133.3* F. The SRP radiologicalconsequences of the reduction in the margin of safety for states that the pool should be kept at or postulated accident.The licensee thermal.hydraulle or spent fuel cooling below 140' F la this case. Thus, the determined that the radiological concerns. license (s analysis and results for this consequences were within 10 CFR Part The main safety function of the spent cue meet the SRP. 100 guidelines. The licensee reevaluated fuel pool and the racks is to maintaia ne license (s NSHC analysis did not the postulated 25 ton cask drop accident the spent fuel assemblies la a safe address the recent operational problems in the safety evaluation supporting the configuration through au normal or associated with boreflex, a neutron amendment request. nie was necessary abnormalloedings, such as sa absorbing material that is utilized in because the proposed amendment earthquake. impact due to e, spent fuel many tacks to maintain the k.eof the a!!ows more spent fuel to be placed in cask drop, drop of a spent fuel poolless than or equal to 0.96. Although the spent fuel pool; the results are assembly, or drop of any other heavy some shrinkage of the boraflex is contained in Section 5.3.1.2. The results object. no mechanical, material, and assumed and accounted for, cracking of indicate that the radiological structural daign of the new opent fuel the boreflex and the forming of consequences remain within to CFR racks is in accordance with applicable significant axial gape has not been part 100 guidelines. De licenses also portions of the "NRC Position for postulated to occur. lt is believed that states that the proposed spent fuel pool Review and Acceptance of Spent Fuel cracking occurred in some applications modifications do not increase the s Storage and Handling Applications." because of the rack design end. radiological consequences of the cask dated April 14.197s. as modilled fabrication. process which did not allow drop accident previously evaluated.

january 18.1979: Standard Review Plan the boreflex to shrink without cracking. Since the licensee's request to expand 18.4: and other applicable NRC De staff has reviewed the licensee's the St.1.ucie 1 spent fuel storage pool guidance and industry codea.no rock associated safety evaluation with . capacity satisfies the following materials used are compatible with the particular focus on the method that the conditions:(1) ne storage expansion spent fuel pool and the spent fuel bornflex will be installed. In Region L method consists of replacing existing

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Federal Register / Vol. 52. No.168 / Monday. August 31. 1987 / Notices 32855 proceeding must file a written petition the Nuclear Waste Policy Act of1982 racks with a dulga that allows closer spacing between stored spent fuel for leave to intervene. (NWPA). 42 U.S.C.10154. Under section assemb!!ss: (2) the storage expansion Request for a hearing and petitions for 134 of the NWPA.the Commission at F

leave to intervene shall be filed in the request of any party to the method does not involve rod proceeding,is authorized to use hybrid consolida tion or double-tiering: (3) the accordance with the Commission's

, hearing procedures with respect to "any k,e of the poolis maintainedless than or " Rules of Practice for Domestic Ucensing Proceedings" in 10 CFR Part 2. matter which the Commission

. equal to 0.95: and (4) no new technology determines to be la controversy among or unproven technology is utilized in if a request for a hearing or petition for leave to intervene la filed by the above the parties." The hybrid procedures in D either the construction process or the section 134 provide for oral argument on analytical techniques necessary to date, the Commission or an Atomic i

Safety and ucensing Board designated matters in controversy, preceded by

' f justify the expansion, the Commission by the Commission or by the Chairman discovery under the Commission's rules.

concludes that the request dots not and the designation following argument, involve a significant hazards of the Atomic Safety and Ucensing Board Panel will rule on the request of only those factuallesues that involve consideration in that it: (1) does not a genufne and substantial dispute.

involve a significant increase in the and/or petition and the Secretary or the probability or consequences of an designated Atomic Safety and Ucensing together with any remaining questions Board willissue a notice of hearing or of law, to be resolved in an adjudicatory

, accident previously evaluated, or (2) does not create the possibility of a new an appropriate order, hearing. Actualadjudicatory heari;.gs are to be held on only those issues found or different kind of accident from any As required by to CG 2.714. e petition for leave to intervene shall set to meet the criteria of section 134 and accident previously evaluated, or (3) set for hearing after oral argument.

does not involve a significant reduction forth with particularity the laterset of the petitioner in the proceeding. and ne Commission's rules implementing In a margin of safety.

how that interest may be affected by the section 134 of the NWPA are found in 10 Because the submittal and the above CR Part 2. subpart E." Hybrid Hearing

's discussion by the licensee appear to results of the proceeding.%e petition should specifically explain the reasons Procedures for Expanaton of Spent -

demonstrate that the standards Nuclear Fuel Storage Capacity att specified in to CFR 50.92 are met. and why it.tervention should be permitted because rerecking technology has been with particular reference to the Civilian Nuclear Power Reactors" '

following factors:(1)He nature of the (published at 50 FR 41662. October 13.

well-developed and demonstrated, the 1985110 CFR 2.1101 et seg. tJader those Commission proposes to determine that petitioner's right under the Act to be may made a party to the proceeding:(2) the rules, any party to the p operation of the facility in accordance invoke the hybrid hearing p a by with the proposed amendment does not nature and extent of the petitioner's property, financial. or other interest in filing with the presiding officer a written involve a significant hazards request for oral argument under 10 CFR consideration. the proceeding: and (3) the possible the request must be

%e Commissionla seeking public effect of any order which may be 2.1100.To be timely, days of an order comments on this proposed entered in the proceeding on the . filed within ten (10) petitioner's interest.no petition should granting a request for hearing or petition determination. Any comments received within 30 days after the date of also identify the specific aspect (s) of the to intervene. (As outlined above, the subject matter of the proceeding as to Commission's rulee in to CFR Part 2.

publication of this notics will be subpart G. and i 2.714 in particular, considered in making any final which petitioner wishes to intervene.

continue to govern the filing of requests determination.The Commission will not Any person who has filed a petition for for a hearing or petitions to intervene, as normally make a final determination leave to intervene or who has been I unless it receives a request for a admitted as a party may amend the well as the admission of contentions).

petition without requestingleave of the ne presiding officer shall grant a timely hearing. .

request 19: oral argument. %e presiding Written comments may be submitted Board up to 15 days prior to the first prehearing conference scheduled in the officer may grant an untimely request l by mail to the Rules and Procedures for oral argument only upon a showing j Branch. Division of Rules and Records, proceeding, but such an amended of good cause by the requesting party i Office of Administration. U.S. Nuclear petition must satisfy the specificity i requirements described above, for the failure to file on time and after Regulatory Commission. Washington, l Not later than 15 days prior to the first providing the other parties an '

DC 20556.und should cite the opportunity to respond to the untimely pub)lcation date and page number of prehearing conference scheduled in the proceeding, a petitioner shall file a - request. If the presiding officer gran,ts a ,

this Federal Register notice. Written request for oral argument, any hearms supplement to the petition to intervene l comments may also be delivered to held on the application s_ hall be .

Room 4000. Maryland National Bank which must include a list of the .

contentions which are sought to be conducted in accordance with the.

Building.7735 Old Georgetown Road.

Bethesca. Maryland from 8:15 a.m. to litigated in the matter. and the bases foe; hybrid hearing procedures.In essence.

those procedures limit the time available ,

5:00 pan. Copies of written commenta each contentiort set forth with '

received may be examined at the NRC reasonable specificity. Contentions shall for discovery and require that an oral be limited to matters within the scope of argument be held to determine whether Public Document Room.1717 H Street. any contentions must be resolved in an NW., Washington. DC no filing of the amendments under consideration. A petitioner who fails to flie such a - adjudicatory hearing. lf no party to the requests for hearing and petitions for - proceeding requests oral argument. or if leave to intervene is discussed below. supplement which satisfles these By September 30.1967 the licenses requirements with respect to at least one all untimely requesta for oral argument contention will not be permitted to are denied. than the usual procedures in may file a request for a hearing with 10 CFR Part 2. subpart G epplyr respect to issuance of the amendment to participate as a party. Subject to the abova requirements and the subject facility operating license and The Commission hereby providee ;i i.

notice that this la a proceeding on an . . any limitations in the order granting any person whose interest may be leave to intervene, those permitted to affected by this proceeding and who a pplicatlon for a license amendment .-

wishes to participate as a party in the f alling within the scope of sectioa 134 of latervene become parties to the .

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32858 Federal Register / Vol. 52. No.188 / Monday. August 31, 1987 / Notices

(  ;

1 proceeding and have the opportunity to A copy of the petition should also be would modify th Unit 2 T3 to allow the j participate fully in the conduct of any sent to the Office of the General diesel generator o hour overload test b hearing which is held. including the Counsel.Bethesda. U.S. Nuclear to be performed fol wing the 22 hour2.546296e-4 days <br />0.00611 hours <br />3.637566e-5 weeks <br />8.371e-6 months <br /> opportunity to present evidenca and Regulatory Commission. Wa shington, continuous rating los test instead of cross. examine witnesses at such DC. 20555, and to Harold F. Reis. Esq., before 22 hour2.546296e-4 days <br />0.00611 hours <br />3.637566e-5 weeks <br />8.371e-6 months <br /> test as trently required..

hearing. .

Newman a Holtzinger.1615 L Street. Th licensee's applica on for the 4 If a hearing is requested. the NW., Washington. DC 20036, attorney amend ents was dated rch 31,1986.

1 Commission will make a final for the licensee. Notice o ensideration ofI uance of determination on the issue of no Nontimely filing of petitions for leave these ame dments was publi ed in the significant hazards consideration. The to intervene, amended petitions. Federal R ter on June 18,1 (51 FR final determination will serve to decide supplemental petitions and/or requests 22237).Other hanges requeste that when the hearing is held. for hearing will not be entertained letter were app ved in licerise if the final determination is that the absent a determination by the amendments 14 nd 83 dated Au t amendment request involves no Commission.' the presiding officer of the 25,1987, to Facilt significant hazards consideration, the ersting Ucer}s Atomic Safety and Licensing Board DpR-57 and NPF-8.

Commis? ion may issue the amendment designated to rule on the petition and/or Th proposed chan to extend from and make it effective, notwithstanding request. that the petitioner has made a the request for a hearing. Any hearing hours 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> the a withic. which substantial showing of good cause for one die I generator mua be retumed to held would take place after issuance of the granting of a late petition and/or operable atus when two esel the amendment. request. That determination will be enerators inoperable w a found to

, if the final determination is that the based upon a balancing of the factore e unaccept le because it w uld leave zar co derat an he gheld specified in to CFR 2.714(a)(1)(l),(v) and the nuclear inadequately p tscted would take place before the issuance of 2.74(d). against a loss o site power to 24 any amendment. For further details with respect to this hour period and . ,te not in acco ce Normauy, the Commission will not action. see the application for yith the guidelines f Generic Lett i issue the amendment until the amendment dated June 12.1967, which 15 or the staff positi on Generic !ss I

expiration of the 30. day notice period. is available for public inspection at the N llowever should circumstances change Commission's Public Document Room. U proposed change perform the during the notice period such that fauure 1717 H Street. NW., Washington, DC. overlo d test prior to the'12 hour1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> to act in a timely way would result, for and at the Indian River Junior Colleg, continu a ratin load test as found to

. example In derating or shutdown of the Library 3209 Virginia Avenue. Fort be unace table ecauseit a not 8' facility, the Commission may issue the Pierce. Florida 33450, conform Regulatory Posi n C.14 I d bef th fRe 'ato Guide 1.9 'Selecti of ex ratio ohthe ay notice period, Dated at Bethesda. Maryland, this 25th day Diese enera r Set Capaci fo hat t e a e ent volv o so e p b ep e

$ significant hazards consideration. The Herbert N. Berkow, test which is to de nstrate the capability to immed tely assume the final determination will consider all Director. Project Directorate ll-2. Division of d public and State comments received. Reactor Pm/ects.//14 U LOCA load and th carry the long-Should the Commission take this action, te 1load for the rema er of the 24 p Doc. 87-19051 Fued 6 26-47 au s.ca.)

f.I .- it will publish a notice of issuance and

• • 8 CC 8 FS**8 ho period.

provide for opportunity for a hearing Ac rdingly the requests ere denied.

l :- 'Ihe lic see was notified of e

) after issuance. The Commission expects t that the need to take this action wdl Commi on's denial of this re uest by 1 occur very infrequently. [0cc Nos. 5&s21 and I letter dat A request for a hearing or a petition By Septe r 30,1987, the lice ce for leave to intervene must be flied with Dentalo Amendments to F may demand bearing with respec to 1, the Secretary of the Commission.U.S. Operatin enser and the dental desc ' bed above and any II Nuclear Regulatory Commission, for Hoa , gie Power Co. aL person whose in rest may be affecte Washington, DC 20655. Attentiom by the proceeding ay fue a written Docketing and Service Branch, or may The U.S. Nuc at Regulatory petition for leave to tervens. \

be delivered to the Commission's Pubuc Ch inston (the mmission) has A request for a hea or petition for Document Room.1717 H Street NW, den d in part a re est by the licensee leave to Intervene must a filed with the Washington, DC. by the above date. for a ndments to ility Operatin8 Secretary of the Commis on. U.S.

Where petitions are filed during the last Ucense Nos. DpR-87 d NPF-8. issued huclear Regulatcry Comm ston.

ten (10) days of the notice period,it le to the C la Power Co pany, Washington. DC 20555, Atte iom requested that the petitioner promptly so Ogletho wer Corpo on. Docleting and Service Branch, or may i

inform the Commission by a toll free Municipal tric Authort of Georgia be de(vered to the Commission Public telephone call to Westem Union at (800) and City of De on. Georgia (t'he license) Document Room.1717 H Street, j 325-6000 (in Missouri (800) 342-6700), for operation of e Edwin L Ha%h Washinghn,DC, by the above dat The Westem Union operator should be - Nuclear Plant. Un 1 and 2 (the cility) A copy d(any petitions should als ,be given Datagram Identification Number locatedin Appling unty, Georgi sent to the ofTica of General Counse!

3737 and the following meenge The denied amen ta. as prope d- Bethuda, U.S>Nu'cleaf Regislatory s

addressed to Herbert Berkowt by the licensee, would the Unit Commission. Washington, DC. 20553 s Petitioner's name and telephone. . - and thalt 2 Technical cations (I'S)' and to Bruce W.tburchill.Tsquirs, '

number: date petition was mailed: plant- to extend from 2 to 24 h the time N w. Pittmah, PhtWe'nd Trowbridg@" ' \

name: and publicatica date and page allowed to restore'operabl!! f one of- . N Street. NWWe'abington, PC I number of thla Federal Register notica. two inoperable diesel generat and 20@?, attomey forthe Heensee. '

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