ML20244D917

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Notice of Consideration of Issuance of Amends to Licenses NPF-11 & NPF-18 & Opportunity for Hearing.Amends Would Eliminate Provisions of Tech Spec Section 4.0.2.b to Refuel Outage Interval Surveillance
ML20244D917
Person / Time
Site: LaSalle  Constellation icon.png
Issue date: 04/05/1989
From: Muller D
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20244D921 List:
References
NUDOCS 8904240202
Download: ML20244D917 (5)


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1 UNITED STATES NUCLEAR REGULATORY COMMISSION COMMONWEALTH EDISON COMPANY DOCKET NOS. 50-373 AND 50-374 i

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Comissiun (the Comission) is considering issuance of amendments to Facility Operating License Nos. NPF-11 and NPF-18 issued.to Commonwealth Edison Company (the licensee), for operation of LaSalle County Station, Units 1 and 2 located in LaSalle County, Illinois.

The-amendments would eliminate the provisions of Technical Specification 4.0.2.b to refuel outage interval surveillance. With the advent of longer fuel cycles and less frequent and longer outages, LaSalle County Station is encountering difficulty completing surveillance required at a refueling interval by Technical Specifications. This will alleviate the 1

innediate problem and prevent recurrence of this specific situation for successive operating cycles. A notice offering a prior opportunity for j

hearing on the December 4, 1987 original amendment request was published on Decerber 22,1987(52FR48474).

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 Commission's regulations.

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J By May 15, 1989, the licensee 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 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. Request for a hearing and petitions for leave to intervene shall be filed in accordance with the Commission'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 Connission 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 Licenring Board will issue a notice of hearing or an appropriate order.

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As required by 10 CFR 92.714, a petition for leave to intervene shall l

set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results cf the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:

(1)thenature of the petitioner's right under the Act to be made a party to the proceeding; (2)thenatureandextentofthepetitioner'sproperty, financial,orother interest in the proceeding; and (3) the possible effect of any order which may l

be entered in the proceeding on the petitioner's interest. The petition

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. should also identify the specific aspect (s) of the subject setter of the proceeding as to which petitioner wishes to intervene. Any person who has j

t filed a petition for leave to intervene or who has been admitted as a party I

may amend the petition without requesting leave of the Board up to fifteen (15) days prior to the first prehearing conference scheduled in the l

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 i

scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of 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 amendment under consideration. A petitioner who fails i

to file such a supplement which satisfies these requirements with respect to at leact one contention will not be permitted to participate as a party.

l Those permitted to intervene become parties to the proceeding, subject to j

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 shall be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch,

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9 l or may be delivered to the Commission's Public Document Room, Gelman Building, 2120 L Street, N.W., Washington,'D.C. by the above date. Where petitions are filedduringthelastten(10)daysofthenoticeperiod,itisrequestedthat the petitioner or representative for the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1-800-325-6000 (inMissouri1-800-3a2-6700). The Western Union operator should be given DATAGRAM Identification Number 3737 and the following message addressed to Daniel R. Muller: 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 Commission, Washington, D.C.

20555, and to Michael Miller, Esquire, Sidley and Austin, One First National Plaza, Chicago,1111ncis 60603,' 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 Commission, 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)(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 March 10, 1989, which is available for public inspection at the Comission's Public Document Room, Gelman Building, 2120 L Street, N.W.,

Washington, D.C., and at the Public Library of Illinois Valley Community College, Rural Route No. 1, Oglesby, Illinois 61348.

Dated at Rockville, Maryland this 5th day of Apri]

1989.

9 FOR THE NUCLEAR REGULATORY COMMISSION Daniel R. Muller, Director Project Directorate III-Division of Reactor Projects - III, IV, V and Special Projects cc: See next page 1

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