[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Notices]
[Pages 34318-34319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16612]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-277 and 50-278]
Peach Bottom Atomic Power Station, Units 2 and 3; 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-44 and DPR-56, issued to PECO Energy Company, Public Service
Electric and Gas Company, Delmarva Power and Light Company, and
Atlantic City Electric Company (the licensee), for operation of the
Peach Bottom Atomic Power Station, Units 2 and 3 located in York
County, Pennsylvania.
The application requests staff review and approval of a
modification to the facility, as described in the safety analysis
report, that involves an unreviewed safety question. The modification
will install replacement suction strainers for Emergency Core Cooling
System (ECCS) pumps.
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 July 25, 1997, 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 Government Publications Section, State
Library of Pennsylvania, (REGIONAL DEPOSITORY) Education Building,
Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, PA 17105.
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
[[Page 34319]]
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 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 J. W. Durham, Sr., Esquire, Sr. V.P.
and General Counsel, PECO Energy Company, 2301 Market Street,
Philadelphia, PA 19101, 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 May 5, 1997, which is 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 Government Publications Section, State
Library of Pennsylvania, (REGIONAL DEPOSITORY) Education Building,
Walnut Street and Commonwealth Avenue, Box 1601, Harrisburg, PA 17105.
Dated at Rockville, Maryland, this 18th day of June 1997.
For the Nuclear Regulatory Commission.
Chester Poslusny,
Acting Director, Project Directorate I-2, Division of Reactor
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 97-16612 Filed 6-24-97; 8:45 am]
BILLING CODE 7590-01-P
