ML20248E587
| ML20248E587 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 09/27/1989 |
| From: | Adensam E Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20248E590 | List: |
| References | |
| NUDOCS 8910050321 | |
| Download: ML20248E587 (6) | |
Text
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l 7590-01
'l UNITED STATES NUCLEAR REGULATORY COMMISSION CAROLINA POWER'& LIGHT COMPANY i
DOCKET NO. 50-324 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENT TO FACILITY OPERATING LICENSE AND j
OPPORTUNITY FOR HEARING The United States Nuclear Regulatory Commission (the Conmission) is considering issuance of an amendment to Facility Operating License No. DPR-62 issued to Carolina Power & Light Company (CP&L or the licensee) for operation of the Brunswick Steam Electric Plant, Unit 2, located in Brunswick County, i
The proposed amendment would waive the requirement to conduct a Type A Containment Integrated Leak Rate Test during the current refueling outage.
l This is a requirement because the last two Type A tests were initially con-j sidered to be failures. The next Type A test would be conducted during the next refueling outage if the amendment is approved. A similar request was submitted May 23, 1989, as an exemption to 10 CFR Part 50, Appendix J.
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.
By
, the licensee may file a request for a hearing with respect to issuance of the Tmendment to the subject facility 1
operating license and any person whose interest may be affected by this
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l proceeding 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.
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Requests for a hearing and petitions for leave to intervene shall be filed in accoidance with the Commission's " Rule of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.
Interested persons should consult a current copy of 10 CFR 2.714, which is available at the Commission's Public Document Room, the Gelman Building, 2120 L Street N.W., Washington, D.C. 20555 and at the Local Public Document Room located at the William Madison Randall Library, University of North Carolina at Wilmington, 601 S. College Road, Wilmington, North Carolina 28403.
If a request for a hearing or petition for leave to t
intervene is filed by the above date, the Commicsion or an Atomic Safety and Licensing Board, designated by the Connission 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) 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 diso 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 I
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3-petition for leave to intervene or who has been admitted as a party may amend-thepetitionwithoutrequestingleaveoftheBoarduptofifteen(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. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted.
In addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise statement of the alleged facts or expect opinion which support the contention and on which the petitioner intends to rely or proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to' rely to establish those facts or expert opinion. Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the sccpe of the amendments under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. 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.
Th;se permitted to intervene become parties to the prcceeding, 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.
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a A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.C.
20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L Streeet, 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 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 Elinor G. Adensam, Director; Project Directorate II-1; petitioner's name and telephone number; date petition was mailad; 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 R. E. Jones, General Counsel, Carolina Power & Light Company, P. O. Box 1551, Raleigh, North Carolina 27602.
Nontimely filings of petitions for leave to intervene, amenced petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, 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)(i)-(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 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 June 14, 1989, as supplemented August 21, 1968, which is available for public inspection at the Commission's Public Document Room.
2120 L Street, N.W., Washington, D. C.
20555, and at the William Madison Randall Library, University of North Carolina at Wilmington, 601 S. College Road, Wilmkgton, North Carolina 28403.
Dated at Rockville, Maryland, this 27th day of September 1989.
FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By:
Elinor G. Adensam, Director Project Directorate 11-1 Division of Reactor Projects I/II Office of huclear Reactor Regulation P
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