ML20247F174

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Notice of Consideration of Issuance of Amend to License DPR-6 & Opportunity for Hearing on 881024 Proposed Amend to Tech Specs Re Semiannual Calibr Frequency & Source Check of Gamma & Neutron dose-rate Measuring Instruments
ML20247F174
Person / Time
Site: Big Rock Point File:Consumers Energy icon.png
Issue date: 03/23/1989
From: Quay T
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20247F163 List:
References
NUDOCS 8904030348
Download: ML20247F174 (4)


Text

i 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION CONSUMERS POWER COMPANY DOCKET NO. 50-155 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND 1 OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Comission (the Comission) is considering issuance of an amendment to Facility Operating License No. DPR-6 issued to the Consumers Power Company (the licensee), for operation of the Big Rock Point Plant located in Charlevoix County, Michigan.

In accordance with the licensee's application for amendment dated October 24, 1988, the proposed amendment would revise the Technical Specifications by  !

deletingsection6.4.2(d). Big Rock Point has comitted to ANSI N323.1978 which includes a semiannual calibration frequency and a source check on each scale or decade normally used, daily or prior to use, on the gama and neutron dose-rate measuring instruments.

Prior to issuance of the proposed license amendment, the Commission 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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t By April 28,1989,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 tvishes to participate as a party in the proceeding must file a 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 Comission'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 Comission 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 Licensing Board will issue a 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 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

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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.

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 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 pemitted 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 Reguletory Commission, Washington, DC 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Do:ument Room, 2120 L Street, NW.,

Washington, DC, 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 Commission by a toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Theodore R. Quay: (petitioner's name and telephone number);

(detepetitionwasmailed);(plantname);and(publicationdateandpagenumber

i 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, DC 20555, and to Judd L. Bacon, Esq., Consumers Power Company 212 West Michigan Avenue, Jackson, Michigan 49201, 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 Comission, 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 Comission's staff may issue the amendment after it completes its technical review and prior to the l

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 October 24, 1988, which is available for public inspection at the Commission's Public Document Room, 2120 L Street, NW., Washington, DC 20555, and at the North Central Michigan College, 1515 Howard Street, Petoskey, Michigan 49770.

Dated at Rockville, Maryland, this 23rd day of March FOR THE NUCLEAR REGULATORY COMMISSION l $,

l Theodore R. Quay, Acting Director Project Directorate III-1 Division of Reactor Projects - III, IV, V

& Special Projects

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