99-26302. Oyster Creek Nuclear Generating Station; Notice of Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing  

  • [Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
    [Notices]
    [Pages 54925-54926]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-26302]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 50-219]
    
    
    Oyster Creek Nuclear Generating Station; Notice of Consideration 
    of Issuance of Amendment to Facility Operating License and Opportunity 
    for a Hearing
    
        The U.S. Nuclear Regulatory Commission (the Commission) is 
    considering issuance of an amendment to Facility Operating License No. 
    DPR-16, issued to GPU Nuclear, Inc. et al., (the licensee), for 
    operation of the Oyster Creek Nuclear Generating Station located in 
    Ocean County, New Jersey.
        The proposed amendment requests approval to handle loads up to and 
    including 45 tons using the reactor building crane during power 
    operations. NRC Bulletin 96-02 indicates that plants which will perform 
    ``activities involving the handling of heavy loads over spent fuel, 
    fuel in the reactor core, or safety-related equipment while the reactor 
    is at power * * * and that involve a potential load drop accident that 
    has not previously been evaluated in the FSAR,'' submit a license 
    amendment request for NRC staff review.
        Before 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 November 8, 1999, 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 wishes to participate as a party in the proceeding 
    must file a written request for a hearing and a petition for leave to 
    intervene. Requests for a hearing and a petition 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. 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, NW., Washington, DC, and at the local public 
    document room located at the Ocean County Library, Reference 
    Department, 110 Washington Street, Toms River, NJ 08753. If a request 
    for a hearing or petition for leave to intervene is filed by the above 
    date, the Commission 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) 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 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 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 expert opinion which support the 
    contention and on which the petitioner intends to rely in 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 scope of the amendment 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
    
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    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 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 Commission, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
    Adjudications Staff, or may be delivered to the Commission's Public 
    Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
    by the above date. A copy of the petition should also be sent to the 
    Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
    Washington, DC 20555-0001, and to Ernest L. Blake, Jr., Esquire, Shaw, 
    Pittman, Potts & Trowbridge, 2300 N Street, NW., Washington, DC 20037, 
    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 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) and 2.714(d).
        If a request for a hearing is received, the Commission'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 comment 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 April 28, 1999, as supplemented by 
    letters dated August 30, 1999, and September 3, 1999, which are 
    available for public inspection at the Commission's Public Document 
    Room, the Gelman Building, 2120 L Street, NW., Washington, DC, and at 
    the local public document room located at the Ernest L. Blake, Jr., 
    Esquire, Shaw, Pittman, Potts & Trowbridge, 2300 N Street, NW., 
    Washington, DC 20037.
    
        Dated at Rockville, Maryland, this 4th day of October 1999.
    
        For the Nuclear Regulatory Commission.
    Helen N. Pastis,
    Senior, Project Manager, Section 1, Project Directorate I, Division of 
    Licensing Project Management, Office of Nuclear Reactor Regulation.
    [FR Doc. 99-26302 10-7-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
10/08/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
99-26302
Pages:
54925-54926 (2 pages)
Docket Numbers:
Docket No. 50-219
PDF File:
99-26302.pdf