ML20217Q433

Notice of Consideration of Issuance of Amend to Licenses NPF-68 & NPF-81 & Proposed NSHC Determination & Opportunity for Hearing.Amend Revises Plant TSs to Authorize Licensee to Increase Storage Capacity of Unit 1 SFP

ML20217Q433
Person / Time
Site:	Vogtle
Issue date:	05/05/1998
From:	Jaffe D NRC (Affiliation Not Assigned)
To:
Shared Package
ML20217Q437	List: ML20217Q433
References
NUDOCS 9805080119
Download: ML20217Q433 (7)

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N 7590-01-P UNITED STATES NUCI FAR REGULATORY COMMISSION SOUTHERN NUCL FAR OPERATING COMPANY. INC.. ET AL.

' DOCKET NOS. 50-424 AND 50 425 NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDMENTS TO FACILITY OPERATING LICENSES. PROPOSED NO SIGNIFICANT HAZARDS CONSIDERATION DETERMINATION.'AND OPPORTUNITY FOR A HEARING The U.S. Nuclear Regulatory. Commission (the Commission) is considering issuance of amendments to Facility Operating License Nos. NPF-68 and NPF-81, issued to Southem Nuclear Operating Company, Inc., et al. (the licensee), for operation of the Vogtle Electric Generating Plant (VEGP), Units 1 and 2, located in Burke County, Georgia.

The proposed amendments would revise the VEGP Technical Specifications to authorize the licensee to increase the storage capacity of the VEGP Unit 1 spent fuel pool from the present capacity of 288 fuel assemblies to 1476 fuel assemblies. The change would be

. accomplished by the installation of high density fuel rack modules. The racks would utilize a neutron absorbing material between cells to assure a suberitical configuration.

The Commission had previously issued a Notice of Consideration of issuance of Amendments published in the FEDERAL REGISTER on December 31,1997 (62 FR 68317).

- That notice contained the Commission's proposed deh < 1. nation that the requested amendments involved no significant hazards considerations, offered an opportunity for comments on the Commission's proposed determination, and offered an opportunity for the applicant to request a hearing on the amendment and for persons whose interest may be affected to petition for leave to intervene.

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. Due to oversight, the December 31,1997, Notice of Consideration of Amendments did not provide notice that this application involves a proceeding on an application for a license -

amendment falling within the scope of section 134 of the Nuclear Waste Policy Act of 1982.

Such notice is required by Commission regulations,10 CFR 2.1107.

The Commission hereby provides such notice that this is a proceeding on an application l

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for a license amendment falling within the scope of section 134 of the Nuclear Waste Policy Act

. of 1982 (NWPA),42 U.S.C.10154. Under section 134 of the NWPA, the Commission, at the i

request of any party to the proceeding, must use hybrid hearing procedures with respect to "any

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matter which the Commission determines to be in controversy among the parties.'

The hybrid procedures in section 134 provide for oral argument on matters in i

controversy, preceded by discovery under the Commission's rules and the designation, following argument of only those factual issues that involve a genuine and substantial dispute, together with any remaining questions of law, to be resolved in an adjudicatory hearing. Actual adjudicatory hearings are to be held on only those issues found to meet the criteria of section 134 and set for hearing after oral argument.

l The Commission's rules implementing section 134 of the NWPA are found in 10 CFR i

Part 2, Subpart K, " Hybrid Hearing Procedures for Expansion of Spent Fuel Storage Capacity at

' Civilian Nuclear Power Reactors" (published at 50 FR 41662 dated October 15,1985). Under those rules, any party to the proceeding may invoke the hybrid hearing procedures by filing with the presiding officer a written request for oral argument under 10 CFR 2.1109. To be timely, the request must be filed within ten (10) days of an order granting a request for hearing or petition to intervene. (As outlined above, the Commission's rules in 10 CFR Part 2, Subpart G continue to govern the filing of requests for a hearing or petitions to intervene, as well as the

I admission of contentions.) The presiding officer must grant a timely request for oral argument.

The presiding officer may grant an untimely request for oral argument only upon a showing of good cause by the requesting party for the failure to file on time and after providing the other parties an opportunity to respond to the untimely request. If the presiding officer grants a request for oral argument, any hearing held on the application must be conducted in accordance with the hybrid hearing procedures. In essence, those procedures limit the time available for discovery and require that an oral argument be held to determine whether any contentions must be resolved in an adjudicatory hearing. If no party to the proceeding timely requests oral argument, and if all untimely requests for oral argument are denied, then the usual procedures in 10 CFR Part 2, Subpart G apply.

By June 10,1998, the licensee, if it wishes to invoke the hybrid hearing procedures, may file a request for such 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 invoke the hybrid hearing procedures and to participate as a party in such 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 Burke County Public Library,412 Fourth Street, Waynesboro, Georgia. If a request for a hearing or petition for leave to intervene seeking to invoke the hybrid hearing procedures in accordance with this notice 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 i

Board will issue a notice of hearing or an appropriate order. Requests for hearing or petitions for leave to intervene that do not seek to invoke the hybrid procedures are not authorized by this notice and would be considered untimely.

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 petitioners right under the Act to be made party to the proceeding; (2) the nature and extent of the petitioners 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 petitioners 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 l

proceeding, a petitioner shall file a supplement to the petition to intervene which must include a l

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

f l which the petitioner intends to rely in proving the contention at the hearing. The petitioner must i

l 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 j

satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.

l 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.

l If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the 1

hearing is held.

l If the final determination is that the amendment request involves no significant hazards l'

l consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment.

If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

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,_ Normally, the Commission will not issue the amendment until the expiration of the 30-day notice period. However, should circumstances change during the notice period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility, the Commission may issue the license amendment before the expiration of the 30-day notice period, provided that its final determination is that the amendment involves no significant hazards consideration. The final determination will consider all public and State comments received. Should the Commission take this action, it will publish in the FEDERAL REGISTER a '

notice of issuance and provide for opportunity for a hearing after issuance. The Commission expects that the need to take this action will occur very infrequently.

A request for a hearing or a petition for leave to intervene that seeks to invoke the hybrid hearing procedures in accordance with this notice 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 Mr. Arthur H. Domby, Troutman Sanders, NationsBank Plaza, Suite 5200,600 Peachtree Street, NE., Atlanta, l

Georgia, attomey for the licensee.

Untimely 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 I

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)(l)-(v) and 2.714(d).

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l For further details with respect to this action, see the application for amendments dated September 4,1997, as supplemented by letter dated November 20,1997, which are available l

for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L l

Street, NW., Washington, DC, and at the local public document room located at the Burke County Public Library,412 Fourth Street, Waynesboro, Georgia.

l Dated at Rockville, Maryland, this 5th day of May 1998.

l FOR THE NUCLEAR REGULATORY COMMISSION

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David.Ja e,$d

• Project Manager l

Project ctorate ll-2 i

Division of Reactor Projects - 1/ll Office of Nuclear Reactor Regulation l

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