ML20042H029

Notice of Consideration of Issuance of Amends to Licenses DPR-51 & NPF-6,revising License Amend Condition in Amends 128 & 102 to Extend Effective Date of License Conditions by 90 Days & Transfer Operations to Entergy Operations,Inc

ML20042H029
Person / Time
Site:	Arkansas Nuclear
Issue date:	05/04/1990
From:	Hebdon F Office of Nuclear Reactor Regulation
To:
Shared Package
ML20042H030	List: ML20042H029
References
NUDOCS 9005170092
Download: ML20042H029 (7)

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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION ARKANSAS NUCLEAR ONE. UNITS 1 AND 2 l

DOCKET NOS. 50-313 AND 50-368 y

NOTICE OF CONSIDERATION OF ISSUANCE OF AMENDPENTS TO 3

FACILITY OPERATING LICENSES AND PROPOSED N3 SIGNIFICANT NAZARDS j

CONSIDERATION DETERMINATION AND OPPORTUNITY FOR REARING The U.S. Nuclear Regulatory Comission'(the Commission) is considering issuanceofamendmentstofacilityOperatingLicenseNos.lDPR-51andNPF-6 issued to Arkansas Power and light Company (the licensee) for operation of Arkansas Nuclear One, Units 1 and 2, located in Pope Cot.nty,. Arkansas.

The proposed amendments would revise the license amendment condition in Amendment Hos. 128 and 102 dated December 14, 1989 to extend the effective date of the license conditions by 90 days. Amendment Nos. 128-and 102 approved the' transfer of operations of Arkansas Nuclear One, Units 1 and 2-to the Ente'rgy i

Operations, Inc.

i Before issuance of the proposed license amendments, the Comission will

'i have made findings requireu by the Atomic Energy Act of 1954, as amended-(the Act) and the Comission's regulations.

The Comission has made a proposed determination ttbt the request for amendments involves no significant hazards' consideration. UnJer the Comission's regulations in 10 CFR 50.92, this means that-operation of the facility in

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accordancewiththeproposedamendrentswouldnot(1)involveasignificant increase'in the probability or consequences of an accident previously evalutted; or (2) create the possibility f a new or different kind of accident from any a

ar.cident previously evaluated; or (3) involve a significant reduction in a mrgin of safety.

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The proposed amendments are to extend by 90 days the effective date for

-l implementing license conditions which have been previously approved for transfer of operations to Entergy Operations, Inc. Unforeseen scheduling of other

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regulatory agency processes may delay the implementation date beyond the original 180 days (duetoendonJune 12, 1990). The proposed as:endments are adr.inistrative changes so as not to impact other agency requirements. As such, the proposed amendments do not involve any previouniy analyzed accident, do not create any new accidents, ar

• do not.involva any consideration of any change to a margin of safety. 1.,-refore, based on the above considerations, the Comission has made a proposed determination that the-request for amendments involves no significant hazards consideration.

The Comission is seeking public coments on this proposed. determination.

Any comments received within 30 days after the date of publication of this l

notice will be considered-in making any final determination. The Comission will not normally make a final determination unless it receives a request-for a hearing,-

l Written comments may be subritted by mail to the Regulatory Publications l

Branch, Division of Freedom of Information and Publications-Services, Office' of i

Administration, U.S. haclear Regulatory Comission, Washington, D.C.

20555, j

and shculd t.ite the publication date and page number of this FEDERAL REGIEiER notice. Written coments may also be delivered to Room P-223, Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland, from 7:30 a.m.. to 4:15 p.m..

Copies ~of-written coments received may be examined at the NRC Public Document Room, the 3

Gelman Building, 2120 L Street, N.W., Washington, D.C.

The filing of requests for hearing and petif. ions for leave to intervene is discussed below.

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s By June 11, 1990, the licensee may file a request for a hearing with respect to issuance of the amendments to the subject facility operating licenses 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 petition for leave to intervene. Request for a hearing and petitions for-leave to intervene shall be filed in accordance with the Commission's " Rules L

i 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 Comission's Public Document Room, the Gelman Building, 2120 L Street, N.W., Washington, D.C. 20555 and at the Local Public Document Room located at the Tomlinson Library, Arkansas Tech University, Rucsellville Arkansas 72801. If a request for a hearing or petition for lesve to int.u'vene is filed by the above date, the Comission or an Atomic Safety ar.d Licer,tinp Board, l

l designated by the Comission or by the Chairman of 'the Atomic Safety and l=

_ 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 62.714, 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 facte m (1)thenature of the petitioner's right under the Act to be nade party to the proceeding; (2) the $ture and extent of the petitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of acy order which 0

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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 1

proceeding as to which petitioner wishes to intervene. Any person'who has filed a petition for leave to intervene or who has been adraitted as a party -

f may amend the petition without requesting leave'of the Board up to fifteen (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 fifteen (15) days' prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition I

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 btses 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 l

l proving the contention at the hearing. Th:: petitioner n-ust also provide references to those soecific sources and documents of which the petitioner 1:

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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-L genuine dispute exists with the applicant on a material-issue of law or fact.

a Contentions shall be limited to matters within the scope of the amendment

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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 l

contention will not be permitted to participate as a party.

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1 Thosepermittedtointervent.becomepartiestotheproceeding, subject

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iny limitations in the order grr.:,;ing leave to intervene, and have the portunity to participate fuli; in'the conduct of the hearing, including the U

.pportunity to present evidence and cross-examine witnesses.

If a hearing is requested, the Comission will make a final determination-i

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on the issue of no significant hazards considerations. The final determination will serve to decide when.the hearing is held.

- i If the final determination is that the request for amendments involves no significant hazards consideration, the Comission may issue the amendments and make them effective, notwithstanding the request for a hearing. Any hearing held-l would take place after issuance of the amendments.

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

Normally, the Comission will not issue the amendments 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 I

amendments before the expiration of the 30-day notice period, provided that-its-final determination is that the amendments involve no significant hazards considerations. The final determination will consider all public and State.

comments received. Should the Comission take this action, it will publish a notice of issuance and provide for opportunity for a hearing after issuance.

i The Comission expects that i.ne need to take this action will occur very infrequently.

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A request for a hearing or a petition for leave to intervene must be i

filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C. 2usb5, Attention: Docketing and Service Ba nch, or may be.

delivered to the Comission's-Public Document Room,. the Gelman Building, 2120 L Street, N.W., Washiagton, D.C., by. the above date. Where petitions are filed s

duringthelastten(10)daysofthenoticeperiod,itisr6questedthatthe

. petitioner promptly so inform the Cossnis:>1on by a toll-free telephone call to 3

Western Union at 1-(800)325-6000(inMissouri 1-(800)342-6700). The Western Union. operator should be given Datagram Identif kation Number 3737 and the j

following message addressed to Frederick J. Hebdon: (petitioner'snameand telephonenumber),(datapetitionwasmailed),-(plantname),and(publication.

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dateandpagenumber'ofthisFEDERALREGISTERnotice). A copy of the petition i

should also be sent to the-Office of the General Counsel, U.S., Nuclear Regulatory Comission, Washington, D.C. 20555, and to Nicholas S. Reynolds, Esquire, Bishop. Cook, Purcell and Reynolds,1400 L Street N.W.,12th Floor, Washington, D.C.

20005-3502, 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 Comission, the presiding officer or the Atomic Safety and Licensing Board that the petition and/or request should be' granted baseduponabalancingofthefactorsspecified>in10CFR2.714(a)(1)(1).(v) and2.714(d).

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For further details with respect to this action, see the application for amendments dated May 4, 1990, which is available for public inspection at the Commission's Public Document Room, the Gelman Building 2120 L Street, N.W., Washington, D.C. 20555 and at-the Local Public Document Room located at l

the Tomlinson Library, Arkansas Tech University, Russellville,' Arkansas 72801.

Dated at Rockville, Maryland ' this 4th day of May 1990.

E-FOR THE NUCLEAR REGULATORY COMMISSION 4

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-Frederick J.

ebdon, Director Project Directorate IV.-

Division of Reactor Projects - III, IV V and Special Projects Offic,e of' Nuclear Reactor Regulation 4

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