[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