ML20247B331

Notice of Consideration of Issuance of Amend to License NPF-58 & Opportunity for Hearing on 890210 Request.Amend Adds Addl Ref to Attachment 1 of License to Implement Revs to Human Engineering Discrepancies Committed to in Rept

ML20247B331
Person / Time
Site:	Perry
Issue date:	03/14/1989
From:	Colburn T Office of Nuclear Reactor Regulation
To:
Shared Package
ML20247B337	List: ML20247B331
References
NUDOCS 8903290362
Download: ML20247B331 (4)

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION u

THE CLEVELAND ELF.CTRIC ILLUMINATING COMPANY. ET AL.

DOCKET NO. 50-440 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR HEARING The U.S. _ Nuclear Regulatory Comission (the Commission) is considering.

issuance of an amendment to Facility Operating License No. NPF-58, issued to The Cleveland Electric Illuminating Company, Duquesne_ Light Company, Ohio Edison Company, Pennsylvania Power Company and Toledo Edison Company (the licensees), for operation of the Perry Nuclear Power Plant, Unit No.1 located in Leke County, Chio.

The amendment would add an additional reference to Attachment 1 of the Operating License to implement, prior to startup from the first refueling l

outage, corrections to human engineering discrepancies as additionally comitted to in the " Detailed Control Room Design Review - First Refuel HED j

Revisions Report," which is Enclosure 1 to the' licensees' February 10, 1989 letter (PY-CEI/NRR-0946L).

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 Comission's regulations.

By April 20, 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 proceed-ing 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._ Requests for 8903290362 890314 PDR ADOCK 05000440 P

PDC

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 Commission or an Atomic Safety and Licensing i

Board, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request an.d/or petition; and the Secretary or the designated Atomic Safety and Licensing Board will issue a l

_ notice of hearing or an appropriate order.

As required by 10 CFR 2.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and i

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)thenatureofthepetitioner'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 pre-hearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.

Notlaterthanfifteen(15)dayspriortothefirstprehearingconference scheduled in the proceeding, a petitioner shall file a supplement to the petition 1

i i

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L. to intervene, which must include a list of the contentions that are sought to be litigated in the matter, and the bases for each contention set forth with reason-

'able specificity. Contentions shall be limited to matters within the scope of the amendment under consideration. A petitioner who fails to file such a supple-ment 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 leave to intervene must be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C.

20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room, 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 promptly so inform the Comission by a toll-free telephone call to Western Union at1-800-325-6000(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 Jay Silberg, Esq., Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N.W., attorney for the licensees.

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! 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 presiding Atomic Safety and Licensing Board that the petition and/or request should be granted baseduponabalancingofthefactorsspecifiedin10CFR2.714(a)(1)(1)-(v) and2.714(d).

4 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 coment of its intent to make a no significant hazards consideration finding in accordance with 10 CFR 50.91 and 50.92.

For further details with respect to this action, see the application for amendment dated February 10, 1989, which is available for public inspection at the Commission's Public Document Room, 2120 L Street, N.W.,

l Washington, D. C.

20555, and at the local public document room, Perry Public l

Library, 3753 Main Street, Perry, Ohio 44081.

Dated at Rockville, Maryland, this 14th day of March,1989.

FOR THE NUCLEAR REGULATORY COMMISSION M /f-Timothy G. Colburn, Acting Director Project Directorate III-3 Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

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