[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Notices]
[Pages 51491-51492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26009]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-607]
United States Air Force; Notice of Proposed Issuance of Facility
Operating License
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of a facility operating license to the United
States Air Force (the applicant). The license would authorize the
applicant to operate a nuclear research reactor (the facility), located
at McClellan Air Force Base, Sacramento, California, at power levels
not to exceed 2300 kilowatts (thermal), with pulse step reactivity
insertion not to exceed $1.75. The facility is presently operating
under the authority of Section 91b of the Atomic Energy Act of 1954, as
amended (the Act).
In compliance with the terms and conditions of the application, as
amended, and in the absence of good cause to the contrary, the
Commission will issue to the applicant (without prior notice) a class
104c facility license authorizing operation of the nuclear research
reactor at the power and pulse levels specified above, since the
application is complete enough to permit evaluation of the safety and
environmental impact of the operation of the facility in the manner and
location proposed. Prior to the issuance of the license, the facility
will be inspected by a representative of the Commission to determine
whether it has been constructed in accordance with the application. The
license will not be issued until the Commission makes the findings
required by the Act and the Commission's rules and regulations and
concludes that the issuance of the license will not be inimical to the
common defense and security or to the health and safety of the public
or to the environment. In addition, the applicant will be required to
execute an indemnity agreement as required by Section 170 of the Act
and by 10 CFR part 140 of the Commission's regulations.
By October 31, 1997, the licensee may file a request for a hearing
with respect to issuance of the 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. 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, 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.
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 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 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
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 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
application 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.
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 20555-0001, 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 Col. Robert Gibson, SM-ALC/JA, 5219
Arnold Avenue, McClellan AFB, Sacramento, California 95652-1085,
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 upon a
[[Page 51492]]
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 for dated October 30, 1996, which is available for public
inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC.
Dated at Rockville, Maryland, this 23rd day of September 1997.
For the Nuclear Regulatory Commission.
Seymour H. Weiss,
Director Non-Power Reactors and Decommissioning Project Directorate,
Division of Reactor Program Management, Office of Nuclear Reactor
Regulation.
[FR Doc. 97-26009 Filed 9-30-97; 8:45 am]
BILLING CODE 7590-01-P
