ML20247C101

Denies 890510 Request for Hearing Re 890302 Fr Notice Concerning Amend to License DPR-13.Error in Fr Notice Did Not Make Notice Defective

ML20247C101
Person / Time
Site:	San Onofre
Issue date:	05/12/1989
From:	Zech L NRC COMMISSION (OCM)
To:	Bates J HOUSE OF REP.
References
NUDOCS 8905240343
Download: ML20247C101 (1)

Text

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• May 12, 1989 CHAIRMAN The Honorable Jim Bates United States House of Representatives Washington, D.C. 20515

Dear Congressman Bates:

We have reviewed your letter of May 10, 1989, regarding the March 2, 1989, Federal Register notice concerning an amendment to the San Onofre operating license. That notice sets forth the subject of the proposed license amend-ment and the means by which the licensee or any other interested person could request a hearing with respect to the amendment. The text as forwarded to the Federal Register stated that a request for a hearing must be filed by April 3, 1989. However, in publishing the notice, the Office of the Federal Register misprinted that date as April 3, 1988.

This error does not, however, nake the notice in question defective. It is clear from the remainder of the notice that any requests for hearing were to be filed by April 3, 1969. In addition, given the publication date of March 2,1989, the error was readily apparent, as you acknowledge in your letter. Therefore, the notice was effective in providing the opportunity to request a hearing as required by our regulations ir 10 CFR 2.105. No such requests were received. In these circumstances, the Commission sees no need to provide any further opportunity for requesting a hearing, and your request is denied.

The Staff has completed its review of the proposed license amendment and intends to issue the requested amendment shortly. Also, we have just received your correspondence dated May 11, and we will respond to it as soon as possible.

Sincerely, W. ,

Lando W. Zech Jr.

n'pff 8905240343 890512 PDR COMMS NRCC .

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.fa d ik Huitch C%-:rn huse of Erpresentattura May 10, 1989 Lando W. Zach, Jr., Chairman .

Nuciaar Raquiatory Commission 1717 M Straat, NW Washington, D.C. 2055S Daar cnairman Zach:

Nucisar Regulatory Commission *a dactaion p.to not -

operations at San onofra's Unit 1 remotor despita the fact that' .

there are cracked bolts on a thermal shield insider.the rem I respaatrully request tha commant period be re-opened and a.

hearing held prior to you granting the Provisional Operating-Licensa No.

operating UnitDPR-13 i reactor. to Southern California Edison Company for-on March 2, 1989, the Fedmeal California Edison Company for operating comment period ragarding the Fadown1 Unit Nointe outhern--

. 1. As you know, However. I am requesting tha comment parrod be re-opanad and aMme hearing be held as soon as possibla on the grounds that wanharm .

of the conatunity and I were not given anough opportunity to was comment irrational. on the proposal. In addition, the Fedmeni Racister notics I was never notified of the proposal until May 2, 1989 when asy staff received a call from staff with the City of Sar Diego In . ..

relations department told members of the communi -

was not in operation due to refueling the reactor. I have bean- L-advisedthe Finally, that the remotor Fadmeni was completely refuelad at the timaa-nasimene notica states "B 19887 impossible to satisfy and appears tthe licensamTais.dats may filatsaar.- a request fo

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,- . . l Lando W. Zech, Jr.

May 10, 1989 page 2 )

Your timely appreciated. consideration of this request will be most Sincerely,

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, JIM BATES

• JB:jh Member cf Congress cc Mayor Maureen o'Connor San Diego City Council

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