[Federal Register Volume 62, Number 8 (Monday, January 13, 1997)]
[Notices]
[Pages 1782-1783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-719]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-20]
U.S. Department of Energy; Notice of Consideration of Issuance of
a Materials License for the Storage of Spent Fuel and Notice of
Opportunity for a Hearing
The Nuclear Regulatory Commission is considering an application
dated October 31, 1996, for a materials license, under the provisions
of 10 CFR Part 72, from the U.S. Department of Energy (the applicant or
DOE) to possess spent fuel and other radioactive materials associated
with spent fuel storage in an independent spent fuel storage
installation (ISFSI) located in Butte County, Idaho, within the Idaho
National Engineering Laboratory (INEL) complex. If granted, the license
will authorize the applicant to store spent fuel from the Three Mile
Island Unit 2 reactor in a dry storage cask system at the ISFSI which
the applicant proposes to construct and operate at the Idaho Chemical
Processing Plant site within INEL. Pursuant to the provisions of 10 CFR
Part 72, the term of the license for the ISFSI would be twenty (20)
years.
Prior to issuance of the requested license, the NRC will have made
the findings required by the Atomic Energy Act of 1954, as amended (the
Act), and the NRC's rules and regulations. The issuance of the
materials license will not be approved until the NRC has reviewed the
application and has concluded that approval of the license will not be
inimical to the common defense and security and will not constitute an
unreasonable risk to public health and safety. The NRC, in accordance
with 10 CFR 51.20(b)(9), will complete an environmental impact
statement. This action will be the subject of a subsequent notice in
the Federal Register. Pursuant to 10 CFR 2.105, by February 12, 1997,
the applicant may file a request for a hearing; 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 with respect to the
subject materials license in accordance with the provisions of 10 CFR
2.714. If a request for hearing or petition for leave to intervene is
filed by the above date, 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. In the event that no
request for hearing or petition for leave to intervene is filed by the
above date, the NRC may, upon satisfactory completion of all required
evaluations, issue the materials license without further prior notice.
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 that 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 a
petition, without requesting leave of the Board, up to 15 days prior to
the holding of the first pre-hearing 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 pre-hearing
conference scheduled in the proceeding, a petitioner shall file a
supplement to the petition to intervene which must include a list of
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 action 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 satisfied 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.
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,
Gelman Building, 2120 L Street, NW., Washington, DC, by the above date.
Where petitions are filed during the last ten (10) days of the notice
period, it is requested that the petitioner promptly so inform the NRC
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 Mr. Charles J. Haughney, Acting Director, Spent Fuel
Project Office, Office of
[[Page 1783]]
Nuclear Material Safety and Safeguards; petitioner's name and telephone
number; date petition was mailed; 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, as well as the applicant's legal
counsel, Robin A. Henderson, U.S. Department of Energy, 1000
Independence Avenue, SW., GC-52, Washington, DC 20585; and Simon S.
Martin, U.S. Department of Energy, Idaho Operations Office, 850 Energy
Drive, MS-1209, Idaho Falls, ID 83401.
Non-timely 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).
For further details with respect to this action, see the
application dated October 31, 1996, which is available for public
inspection at the Commission's Public Document Room, 2120 L Street,
NW., Washington, DC 20555. The Commission's license and safety
evaluation report, when issued, may be inspected at this location. If
the Commission decides to establish a local public document room in a
community near the proposed facility, an option currently under
consideration, the license and safety evaluation report will also be
available at this location.
Dated at Rockville, Maryland, this 6th day of January 1997.
For the U.S. Nuclear Regulatory Commission.
Charles J. Haughney,
Acting Director, Spent Fuel Project Office, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 97-719 Filed 1-10-97; 8:45 am]
BILLING CODE 7590-01-P
