[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Notices]
[Pages 59118-59119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29674]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-219-OLA; ASLBP No. 96-717-02-OLA]
General Public Utility Nuclear Corporation, (Oyster Creek Nuclear
Generating Station); Notice of Hearing (Application To Approve
Technical Specification Change)
November 14, 1996.
On May 8, 1996, the NRC staff announced in the Federal Register (1)
a proposed ``no significant hazards consideration'' finding regarding
an April 15, 1996 request by licensee General Public Utility Nuclear
Corporation (GPUN) to revise Technical Specification 5.3.1.B for the
Oyster Creek Nuclear Generating Station (OCNGS); and (2) an opportunity
for a hearing on that GPUN license amendment application. (61 FR
20,842, 20,842-43, 20,848.) The then-current technical specification
prohibited the handling of a load greater in weight than one spent fuel
assembly over irradiated fuel in the spent fuel pool. The then-proposed
technical specification change was intended to facilitate the off load
of spent fuel from the OCNGS spent fuel pool to the OCNGS independent
spent fuel storage installation (ISFSI) by permitting the shield plug
for a dry shielded canister (DSC) and associated lifting hardware to be
moved over irradiated fuel in the DSC while the DSC is submerged in the
spent fuel pool preparatory to being secured with the shield plug,
lifting from the pool, and transporting to the onsite ISFSI.
Acting on the hearing offering, on June 6, 1996, pro se petitioners
Nuclear Information and Resource Service (NIRS), Oyster Creek Nuclear
Watch (OCNW), and the Citizens Awareness Network (CAN) filed a timely
hearing request and petition to intervene seeking to challenge the
proposed technical specification change. On June 13, 1996, the
Commission referred the petitioners' hearing request to the Atomic
Safety and Licensing Board Panel for the appointment of a presiding
officer to conduct any necessary proceedings. On June 17, 1996, the
Chief Administrative Judge of the Panel appointed this Atomic Safety
and Licensing Board to act on the Commission's referral. (61 FR
31,964.) The Board consists of Dr. Charles N. Kelber, Dr. Peter S. Lam,
and G. Paul Bollwerk, III, who serves as Chairman of the Board.
After receiving additional filings from the participants on the
issues of the petitioners' standing and the admissibility of their
single joint contention, on August 7, 1996, the Board held a prehearing
conference during which petitioner NIRS, GPUN, and the staff made
further presentations addressing those matters. On October 25, 1996,
the Board issued a memorandum and order in which it ruled that (1)
petitioners NIRS and OCNW had established representational standing as
of right; (2) petitioner CAN had failed to show either that it is
entitled to standing as of right or that is should be afforded
discretionary standing, but nonetheless would be permitted to
participate as an amicus curiae; and (3) petitioners NIRS and OCNW had
put forth an admissible legal contention regarding the validity of the
proposed technical specification revision under the agency's ``defense-
in-depth'' policy. The Board thus granted the hearing request of
petitioners NIRS and OCNW. (See LBP-96-23, 44 NRC ____ (Oct. 25,
1996).) Thereafter, on November 7, 1996, the staff made a finding that
the proposed technical specification change involves ``no significant
hazards consideration'' and issued the requested license amendment.
Please take notice that a hearing will be conducted in this
proceeding. This hearing will be governed by the formal hearing
procedures set forth in 10 CFR Part 2, Subpart G (10 CFR 2.700-.790).
During the course of the proceeding, the Board may conduct an oral
argument, as provided in 10 CFR 2.755, and may hold additional
prehearing conferences pursuant to 10 CFR 2.752. The public is invited
to attend any oral argument, prehearing conference, or evidentiary
hearing, which may be held pursuant to 10 CFR 2.750-.751. Notice of
such sessions will be published in the Federal Register and/or made
available to the public at the NRC Public Document Rooms.
In accordance with 10 CFR 2.715(a), any person not a party to the
proceeding may submit a written limited appearance statement setting
forth his or her position on the issue in this proceeding. These
statements do not constitute evidence, but may assist the Board and/or
parties in the definition of the issue being considered. Persons
wishing to submit a written limited appearance statement should send it
to the Office of the Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC. 20555, Attention: Docketing and Service Branch. A copy
of the statement also should be served on the Chairman of the Atomic
Safety and Licensing Board. The Board will decide at a later date
whether to entertain oral limited appearance statements.
[[Page 59119]]
Documents relating to this proceeding are available for public
inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC. 20555; and at the NRC
Local Public Document Room at the Ocean County Library, Reference
Department, 101 Washington Street, Toms River, NJ 08753.
Issued in Rockville, Maryland, on November 14, 1996.
For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 96-29674 Filed 11-19-96; 8:45 am]
BILLING CODE 7590-01-P
