[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6266]
[[Page Unknown]]
[Federal Register: March 17, 1994]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-139]
The University of Washington; Consideration of Application for
Renewal of Facility License
The U.S. Nuclear Regulatory Commission (the Commission) is
considering renewal of Facility License No. R-73, as a possession only
license from the present operating license, issued to the University of
Washington for the Argonaut reactor located on the campus of the
University in Seattle, Washington.
The renewal would extend the expiration date of Facility License
No. R-73 to February 14, 1999, in accordance with the licensee's timely
application for renewal as a possession only license by letter dated
August 3, 23 and 31, 1989 and as modified on February 14, 1994. The
operating license was modified by Amendment No. 15 to the license on
May 7, 1990, to not permit possession of fuel on the site since all
fuel had been removed from the facility and returned to its owner, the
Department of Energy. The licensee is developing a plan to decommission
the facility, and it is anticipated that the term of renewal will be
sufficient to complete decommissioning and terminate the license.
Prior to a decision to renew the license as a possession only
license, the Commission will have made findings required by the Atomic
Energy Act of 1954, as amended (the Act), and the Commission's
regulations.
By April 18, 1994, the licensee may file a request for a hearing
with respect to renewal of the subject facility 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 petition for leave to intervene. Requests for hearing
and petitions 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 20555. 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 of 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 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 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 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.
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 Service
Branch, or may be delivered to the Commission's Public Document Room,
the Gelman Building, at 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 Commission by a toll-free telephone call to Western Union at 1-
(800) 325-6000 (in Missouri 1-(800) 342-6700). The Western Union
operator should be given Datagram Identification Number 3737 and the
following message addressed to Seymour H. Weiss: petitioner's name and
telephone number; date petition was mailed; The University of
Washington; and publication date and page number of this Federal
Register notice. A copy of that petition should also be sent to the
Office of General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555 and to Ms. Christine Hughes, Division Chief and
Special Assistant to the Attorney General, University of Washington,
101 Administration, MS: AF-50, Seattle, Washington 98195, 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 balancing of
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 renewal dated August 3, 23 and 31, 1989, and as
modified on February 14, 1994, which is available for public inspection
at the Commission's Public Document Room at 2120 L Street, NW.,
Washington, DC 20555.
Dated at Rockville, Maryland, this 11th day of March 1994.
For the Nuclear Regulatory Commission.
Seymour H. Weiss,
Director, Non-Power Reactors and Decommissioning Project Directorate,
Division of Operating Reactor Support, Office of Nuclear Reactor
Regulation.
[FR Doc. 94-6266 Filed 3-16-94; 8:45 am]
BILLING CODE 7590-01-M
