ML20003C202
| ML20003C202 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 02/06/1981 |
| From: | Schwencer A Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20003C199 | List: |
| References | |
| NUDOCS 8102260851 | |
| Download: ML20003C202 (9) | |
Text
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O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
Docket Nos. EO-440 THE CLEVELAND ELECTRIC ILLUMINATING COMPANY
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50-441 DUQUESNE LIGHT COMPANY
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OHIO EDISON COMPANY
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PENNSYLVANIA POWER COMPANY
)
THE TOLEDO EDISON COMPANY
)
- (Perry Nuclear Power Plant, Units 1 and 2)
)
NOTICE OF RECEIPT OF APPLICATION FOR FACILITY OPERATING LICENSES; NOTICE OF CONSIDERATION OF ISSUANCE OF FACILITY OPERATING LICENSES; AND NOTICE OF OPPORTUNITY FOR HEARING Notice is hereby given that the Nuclear Regulatory Commission (the Commission) has received an application for facility c::erating licenses from The Cleveland Electric Illuminating Company, for itself and as agent for the Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and ine Toledo Edison Company (the applicants), to possess, use, and operate the i
Perry Nuclear Power Plant, Units 1 and 2, boiling water nuclear reactors (the facilities), located near Lake Erie in Lake County, Ohio. The reactor is designed to operate at a core power level of 3579 megawatts thermal, with an equivalent net electrical-output of approximately 1205 megawatts.
The applicant also submitted, pursuant to the National Environmental Policy Act of 1969 and the regulations of the Commission in 10 CFR Part 51, an environmental report, which discusses environmental considerations related to the proposed operation of the facilities.
This report is currently under acceptance review and is tentatively scheduled for docketing in April 1981.
At that t'ime, notice will be made in the Federal Register 81022 6 o r5/t L
. and the report will be made available at the Ohio State Clearinghouse, Office of Budget and Management, 30 East Broad Street - 24th Floor, Columbus, Chio 43215.
After the environmental report has been analyzed by the Cce:nission's staff, a draf t environmental statement will be prepared. Upon preparation of the draft environmental statement, the Commission will, among othec things, cause to be published in the FEDERAL REGISTER, a notice of availability of the draft statement, requesting comments from interested persons on the draft statement.
The notice will also contain a statement to the effect that any ccmments of Federal agencies and State and lccal officials will be made available when received.
The draf t environmental statement will fccus only on any matters which differ from those previously discussed in the final environmental statement prepared in connection with the issuance of the construction permits. Upon consideration of comments submitted with respect to the draft environmental statement, the Commission's staff will prepare a final environmental statement, the availability of which will be published in the FEDERAL REGISTER. The Commission will consider the issuance of facility operating licenses to The Cleveland Electric
-Illuminating Company, Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and The Toledo Edison Company, which would authorize the applicants to possess, use and operate the Perry Nuclear Power Plant, Units 1 and 2, in accordance with the provisions of the licenses and the technical specifications appended thereto, upon:
(1) the completion of a favorable safety evaluation of the application by the Commission's staff; (2) the completion of the environmental review required by the Commission's regulations in 10 CFR Part 51; (3) the receipt
. of a report on the applicant's application for facility operating licenses by the Advisory Comittee on Reactor Safeguards; and (4) a finding by the Commission that the application for the facility licenses, as amended, ccmplies with the requirements of the Atomic Energy Act of 195a, as amended (the Act), a.nd the Commission's regulations in 10 CFR Chapter 1.
Construction of the facilities was authorized by Construction Permit Nos. CPPR-148 and CPPR-149, issued by the Commission on May 3,1977. Construction of Unit 1 is anticipated to be completed by May 1,1983, and Unit 2 by May 1,1987.
Prior to issuance of any operating licenses, the Commission will inscect the facilities to determine whether they have been constructed in accordance with the-application, as amended, and the provisions of the construction permits.
In addition, the licenses will not be issued until the Commission has made the findings reflecting its review of the application under the Act, which will be set forth in the proposed licenses, and has concluded that the issuance of the licenses will not be inimical to the common defense and security or to the health and safety of the public. Upon issuance of the licenses, the appifcant will be required to execute an indemnity agreement as required by Section 170 of the Act and 10 CFR Part 140 of the Co nission's regulations.
By March 16, 1981, the applicants may file a request _ for a hearing with respect to issuance of the facility operating licenses and any person whose interest may be affected by this proceeding may file a petition for leave to intervene.
Regaests for 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
.a.
to intervene is filed by the above date, the Commission or an Atomic Safety anc.
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 of the Commission, or 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 prcceeding, and how that interest may be affected by the results of the proceeding.
The petition should specifically explain the reasons why intervention shculd 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 his petition prior to the first prehearing conference.
Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, the petitioner may file a supplement to the petition. to intervene which may then include the contentions which are scught to be litigated in the matter. The bases for each contention must be set forth with reasonable specificity. A petitioner who fails to include a val' contention in its original petition or in its supplement will not be permitted to participate as a party.
. 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 Section, or may be deliver'ed to the Commission's Public Occument_ Room,1717 H Street, N1 W., Washington, D. C., by March 16, 1981. A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Commission, Washington, D. C.,
20955, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts and Trowbridge,1P00 M Street, N. W., Washington, D. C.
20036, attorneys for the applicants. Any questions or requests for additional information regarding the content of this notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555.
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 Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That determination will be based upon a balancing of the factors specified in 10 CFR 52.714(a)(1)(1)-(v) and $2.714(d).
For further details pertinent ~.o the matters under consideration, see the
-application for the facility. operating licenses and the applicants' environmental report, which are'available for public inspection at the Commission's Public Document Room,1717 H Street, N. W., Washington, D. C., and at the Perry Public Library, 3753 Main Street, Perry, Ohio 44081. As they become available, the following documents may be inspected at the above locations:
(1) the safety evaluation
- report; (2) the draf t environmental statement; (3) the final environmental statement; (4) the report of the Advisory Committee on Reactor Safeguards on the application for facility operating licenses; (5) the proposed facility operating licenses; and (6) the technical spec,1fications, which will be attached to the proposed facility operating ifcenses.
Copies of the proposed operating licenses and the ACRS report, when available, may be obtained by request to the Director, Division of Licensing, Office of Nuclear Reactor Regulation, U. S. Muclear Regulatory Cornission, Washington, D. C.
20555. Copies of the Cenmission's staff safety evaluation report and final environmental statement, when available, may be purchased at current rates, from the National Technical Information Service, Department of Commerce, 5285 Por, Royal Road, Springfield, Va. 22161.
FOR THE HUCLEAR REGULATORY CON 11SS10H W
A. Schwencer, Chief Licensino Branch No. 2 Division of Licensing Office of Huclear Reactor Regulation Dated at Bethesda, Maryland this 6th day of February 1981.
NOTICE OF OPPORTUNITY FOR PUBLIC PARTICIPATION IN PRCPOSED NRC LICENSING ACTION FOR PERRY NUCLEAR POWER PLANT, UNITS 1 AND 2 The United States Nuclear Reculatory Cornission is giving public notice that it is considering issuance of operating licenses to The Cleveland Electric Illuminating Company, et al, for operation of the Perry Nuclear Power Plant, Units 1 and 2, boiling water nuclear reactors, located near Lake Erie in Lake County, Ohio.
The notice provides that within 30 days after publication of notice in the FEDERAL REGISTER on February 13, 1981, any member of the public whose interest may be affected by the proceeding may file a request for a public hearing in the form of a petition for leave to intervene with respect to whether operating licenses ~should be issued.
Petitions for leave to intervene must set forth the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Such petitions must be filed in accordance with
-the above-referenced FEDERAL REGISTER Notice and must be filed with the Secretary of the Commission, U. S. Nuclear Regulatory Cermission, Washington, D. C. 20555, Attention: Docketing and Service Section, by March 16, 1981. A copy of the petition and/or request for hearing should be sent to the Executive Legal Director, U. S. Nuclear Regulatory Conmission, Washington, D. C. 20555, and to Gerald Charnoff, Esq., Shaw, Pittman, Potts and Trowbridge, 1800 M Street, N.W.,
Washington, D.-C. 20036 attorney.for the applicants. Any questions or requests
. for additional information regarding the content of this notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555.
Not later than fif teen (15) days prior to the first prehearing conference scheduled in the proceeding, the 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, and the bases for each.
All petitions will be acted upon by the Commission or the Licensing Peard, designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel.
Timely petitions will be considered to determine whether a hearing should be noticed or another appropriate order issued regarding the disposition of the petitions.
In the event that a hearing is held and a person is permitted to intervene, that person becomes a party to the proceeding and has a right to participate fully in the conduct of the hearing. For example, that person may present evidence.and cross-examine ' witnesses.
A copy of the FEDERAL REGISTER Notice'is available for public inspection at the Perry Public Library, 3753 Main Street, Perry, Ohio 44081, l'onday through Friday, between the. hours of 12:00 N and 5:00 PM, and Friday and Saturday, 12:00 N and 5:00 P?i, and the Ccmmission has arranged for other documents and correspondence relating to the licensing of these facilities to be kept at the same location.
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