[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Notices]
[Pages 28008-28009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13503]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-261]


Carolina Power and Light Co.; 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 DPR-
23, issued to Carolina Power and Light Company (the licensee), for 
operation of the H.B. Robinson Steam Electric Plant (HBR), Unit 2, 
located in Darlington County, South Carolina.
    The proposed amendment would revise the HBR Updated Final Safety 
Analysis Report (UFSAR) to include the evaluation of a previously 
unanalyzed spent fuel cask drop scenario. The scenario involves 
postulated drop of a loaded spent fuel shipping cask as the cask is 
being moved from the decontamination facility to the shipping railcar 
with the valve box cover removed.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954 (the 
Act), as amended, and the Commission's regulations.
    By June 19, 1998, 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 Hartsville Memorial Library, 147 West 
College Avenue, Hartsville, South Carolina 29550. 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 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 and extent 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 the 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 specific 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 this 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 the 
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.

[[Page 28009]]

    A request for a hearing or 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 
Adjudication 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 William D. Johnson, Vice President and 
Senior Counsel, Carolina Power and Light Company, Post Office Box 1551, 
Raleigh, North Carolina 27602, 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 on a balancing of 
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 August 28, 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 Hartsville Memorial Library, 147 West College 
Avenue, Hartsville, South Carolina 29550.

    Dated at Rockville, Maryland this 13th day of April, 1998.

    For the Nuclear Regulatory Commission.
P.T. Kuo,
Acting Director, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 98-13503 Filed 5-20-98; 8:45 am]
BILLING CODE 7590-01-P