ML20245G464

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Notice of Consideration of Issuance of Amend to License DPR-2 & Opportunity for Hearing Re Decommissioning Plan & Safstor
ML20245G464
Person / Time
Site: Dresden Constellation icon.png
Issue date: 06/21/1989
From: Erickson P
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20245G462 List:
References
NUDOCS 8906290146
Download: ML20245G464 (5)


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7590-01 i

UNITED STATES NUCLEAR REGULATORY COMMISSION ) i COMMONWEALTH EDISON COMPANY DOCKET NO. Et-10 .

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY LICENSE AND OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Comission (the Commission) is considering issuance of an amendment to License No. DPR-2, issued to Commonwealth Edison Company (the licensee), for the Dresden Nuclear Power Station, Unit 1 (Dresden 1) located in Grundy County, Illinois. The amendment i 1

would involve approval of the Dresden 1 Decommissioning Plan and associated

- TechnicalSpecifications(15)andtherenewalofLicenseNo.DPR-2.

In October,1976 Dresden 1 was permanently shutdown. All spent fuel has been transferred from the reactor to the spent fuel pool and License No. DPR-2 was amended to possess-but-not-operate status on July 23, 1986. This amendment would accomplish the following:

1) Approval of the licensee's Decommissioning Plan which involves on-sitestorageofresidualradioactivity(SAFSTOR)untilabout2029 followed by facility dismantling. The licensee also proposes to retain spent fuel onsite in the spent fuel pool until a Federal repository is available for spent fuel disposal. The Decommissioning Plan analyzes the proposed monitoring, maintenance and operation of the spent fuel pool and the monitoring maintenance of the remainder l

of the facility. The Plan also analyzes potential accidents at the

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't-facility and the controls established for radiation protection and the prevention of the release of radioactivity from the site. A supplement to the Dresden 1 Environmental Report analyzes the environmental impacts of the SAFSTOR decommissioning option;

2) Revision of the TS to reflect the long term storage of fuel and residual radioactivity onsite. The TS requirements would be revised to reflect the SAFSTOR status such as requirements for radiation protection, monitoring, facility maintenance and spent fuel pool operations. ,
3) Deletion of certain license conditions that were applicable for reactor operations but not permanent shutdown Possession-Only conditions.
4) Renewal of License No. DPR-2 from its May 4,1996 expiration date ,

- to April 10, 2029 to be consistent with the licensee's Decommissioning Plan which proposes a SAFSTOR period followed by facility dismantling.

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

By July 27, '1989, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility license and i 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 i

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 Comission's i

" Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. If a

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t 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 Comission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition and the Secretary of the designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order.

As required by 10 CFR 52.714, a petition for leave to intervene shall set l 1

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)thenature 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 ,;

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 prehearing conference scheduled in the 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 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

i within the scope of the licensing action 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 leeve to intervene shall be filed with Secretary of the Commission, United States Nuclear Reg 01atory Comission, Washington, D. C. 20555, Attention: Docketing and Service Section, or may be delivered to the Connission's Public Document Room, at 2120 L 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 Commission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator should be given Datavam Identification Number 3737 and the following message addressed to Charles L. Miller: 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 L. Miller, Esquire; Sidley and Austin, One First National Plaza; Chicago, Illinois 60603 attorney for the licensee.

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r Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent l a determination by the Commission or the presiding officer of the Atomic Safety and Licensing' Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determination will be based upon a balancing ofthefactorsspecifiedin10CFR52.714(a)(1)(1)-(v)and$2.714(d).

If a request for hearing is received, the Comission's staff may issue the amendment for Items 1, 2 and 3 above,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. Issuance of the license renewal, Item 4, would require the completion of any required hearing

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regardless of the outcome of a no significant hazards consideration finding.

For further details with respect to this action, see the ifcensee's application dated January 7,1986, as revised December 22, 1987, April 29, September 2 and November 21, 1988 and March 27, April 10 and May 16, 1989 which is available for public inspection at the Commission's Public Document Room at 2120 L Street, N.W., Washington, D.C. 20555 and at the Morris Public Library, 604 Liberty Street, Morris, Illinois 60450.

Dated at Rockville, Maryland this 218t day of June 1989.

FOR THE NUCLEAR REGULATORY COMMISSION A

eter B. Erickson, Project Manager Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, Y and Special Projects Office of Nuclear Reactor Regulation l

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