94-23950. Connecticut Yankee Atomic Power Company; Consideration of Issuance of Amendment to Facility Operating License and Opportunity for a Hearing  

  • [Federal Register Volume 59, Number 187 (Wednesday, September 28, 1994)]
    [Unknown Section]
    [Page ]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-23950]
    
    
    [Federal Register: September 28, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket No. 50-213]
    
    
    Connecticut Yankee Atomic Power Company; 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-61, issued to Connecticut Yankee Atomic Power Company (the 
    licensee), for operation of the Haddam Neck Plant located in Middlesex 
    County, Connecticut.
        The proposed amendment would revise various technical specification 
    sections and the associated Bases sections to reflect the changes to 
    the shutdown margin requirement for Modes 4 and 5 and the boron 
    dilution setpoint to assure that the required margin for operator 
    action in a boron dilution accident is met.
        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 Oct. 27, 1994, 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 20555 and at the local 
    public document room located at the Russell Library, 123 Broad Street, 
    Middletown, CT 06457. 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 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, Attention: Docketing and Services 
    Branch, or may be delivered to the Commission's Public Document Room, 
    the Gelman Building, 2120 L Street, NW., Washington, DC 20555, by the 
    above date. Where petitions are filed during the last 10 days of the 
    notice period, it is requested that the petitioner promptly so inform 
    the Commission by a toll-free telephone call to Western Union at 1-
    (800) 248-5100 (in Missouri 1-(800) 342-6700). The Western Union 
    operator should be given Datagram Identification Number N1023 and the 
    following message addressed to John F. Stolz: petitioner's name and 
    telephone number; date petition was mailed; 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, DC 20555, and to Ms. L.M. 
    Cuoco, Senior Nuclear Counsel, Northeast Utilities Service Company, 
    Post Office Box 270, Hartford, CT 06141-0270, 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 September 7, 1994, which is available 
    for public inspection at the Commission's Public Document Room, the 
    Gelman Building, 2120 L Street, NW., Washington, DC 20555, and at the 
    local public document room located at the Russell Library, 123 Broad 
    Street, Middletown, CT 06457.
    
        Dated at Rockville, Maryland, this 21st day of September 1994.
    
        For the Nuclear Regulatory Commission.
    Alexander W. Dromerick,
    Acting Director, Project Directorate I-4, Division of Reactor 
    Projects--I/II, Office of Nuclear Reactor Regulation.
    [FR Doc. 94-23950 Filed 9-27-94; 8:45 am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
09/28/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Document Number:
94-23950
Pages:
0-0 (None pages)
Docket Numbers:
Federal Register: September 28, 1994, Docket No. 50-213