ML20247E660
| ML20247E660 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 09/01/1989 |
| From: | Olshan L Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20247E665 | List: |
| References | |
| NUDOCS 8909150348 | |
| Download: ML20247E660 (4) | |
Text
- - - - - - - _ - - _ - - - - -. - _
'b F
7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION COMMONWEALTH EDISON COMPANY DOCKET NOS. 50-454 AND 50-455 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND OPPORTUNITY FOR iiEARING The U. S. Nuclear Regulatory Commission (Comission) is considering issuance of amendnent to facility Operating License Nos. NPF-37 and NPF-66, issued to the Concnwealth Edison (the licensee), for operation of the Byron Station, Units 1 and 2 located in Ogle County, Illinois.
The amendments would change the Technical Specifications to reflect the use of VANTAGE 5 fuel.
Prior to issuance of the proposed license amendment, the Comissior, will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulation.
By October 11, 1989, the licensee may file a request for a hearing with respect to issuance of the amendment to the subject facility operating license
.l and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file 6 written request for
' 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 i
gr a M3 %
^
, - 4 Comission's " Rules of Practices 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 Comission 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 I
Secretary or 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 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) the nature 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 l
proceeding, but such an amended petition must satisfy the specificity f
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 L
~
4 i
4 i
s 1 ?
sought to be litigated in the matter, and the bases for each contention set forth with reasonable specificity. Contentions shall be limited to matters j
within the scope of the amendment 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 l
l 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 Comission, United States Nuclear Regulatory Comission, Washington, D.C.
20555, Attention: Docketing and Service Branch, or may be delivered to the Comission's Public Document Room, Gelman Building, 2120 L Street, N.W., Washington, D.C., by the above date.
Where petitions are i
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 Comission by a toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800-342-6700). The Western Union operator j
should be given Datagram Identification Number 3737 and the following message addressed to Paul C. Shemanski:
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 General Counsel, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, and to Michael Miller, Esq., Sidley and Austin, One First National Plaza, Chicago, Illinois 60603, attorney for the licensee.
+
l
.. e i
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or request for hearing will not be entertained absent a determination by the Comission, the presiding officer to 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).
i If a request for hearing is received, the Comission'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 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 July 31, 1989, which is available for public inspection at the Comission's Public Document Room, Gelman Building, 2120 L Street, N.W.,
Washington, D.C.
20555, and at the Rockford Public Library, 215 N. Wyman Street, Rockford, Illinois 61101.
Dated at Rockville, Maryland this 1st day of September 1989.
FOR THE NUCLEAR REGULATORY COMMISSION fAQy'
$1A Leonard N. 01shan, Project Manager Project Directorate III-2 Division of Reactor Projects - III, IV, V and Special Projects I
_ _ - - - _ _ _ _ _ _