ML19210B760
| ML19210B760 | |
| Person / Time | |
|---|---|
| Site: | 05000129 |
| Issue date: | 10/18/1979 |
| From: | Erickson P Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19210B757 | List: |
| References | |
| NUDOCS 7911120262 | |
| Download: ML19210B760 (4) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-129 WEST VIRGINIA UNIVERSITY NOTICE OF PROPOSED ISSUANCE OF ORDERS AUTHORI !NG DISMANTLING OF FACILITY, DISPOSITION OF CCMPONENT PARTS AND TERMINATION OF FACILITY LICENSE The U. S. Nuclear Regulatory Comission (the Comission) is considering issuance of orders authorizing West Virginia University (the licensee) to dismantle the AGN-211P reactor (the facility), a research reactor located on the licensee's camcus in Morgantown, West Virginia, to dispose of the component parts in accordance with the plan set out in the licensee's application dated September 27,1979, and to terminate the facility license. The AGN-211P reactor is covered by Facility License No. R-53.
Prior to issuance of any orders, the Ccmmission will have made t?e findings recuired by the Atomic Energy Act of 1954, as amended (the Act), and the Comission's rules and regulations.
By ':v0$ER 3 379
, the licensee may file a request for a hearing with respect to issuance of the subject orders and any person whose interest may be affected by this proceeding and who wishes to participate as a party in the
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proceeding must fila a written petition for leave to intervene.
Requests for a hearing and petitions forleave to intervene shall be filed in accordance with the Comission's " Rules of Practice for Comestic Licensing ?roceedings" in 10 CR Part 2.
If a request for a hearing or petition for leave to intervene is filed by the acove date, the Comissien or an Atomic Safety and Licensing Board, designated by tre Comission or ::y the Chair an of the Atomic Safety and Licensing Board Panel, will rule on :ne request anc/or petition and the Secretary or tne designated Atomic Safety anc Licensing Soard will issue a notice of nearing or an accrocriate croer-em o
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As required by 10 CFR 2.714, a petition for leave to inter ane 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 shculd be pemitted with particular reference to the following factors: (1) the nature of the tetitioner'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 e#fect of any order which may be entered in the proceeding on the petitioner's f aterest. 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 Scard up to fifteen (15) days prior to 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 prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene wnich must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention set forth witn reasonable specificity. Contentions shall be limited to matters witnin the scoce of the action under consiceration. A :etitioner who fails to fiie such a supplement wnicn satisifes tnese requirements with respect to at least one con-tention will not be penitted to participate as a party.
Those Demitted to intervene bec:me parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have ne Opcor-tunity to :arti:i: ate fuliy in the conduct of the hearing, including :ne accor-tunity to resent avitence anc cross-examine witnesses.
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7590-01
-3 A request for a hearing or a petition for leave to intervene shall be filed with the Secretary of the Comission, United States Nuclear Regulatory Comission, Washington, D. C. 20555, Attantion: Occketing and Service Section, or may be delivered to the Comission's Public Document Room,1717 H Street, N. W.,
Washington, D. C. by the above date. Where petitions are filed during the last ten (10) days of the notice period, it is requested that the petitioner or representative for the petitioner promptly so infom the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700).
The Western Union operator should be given Datagram Identification Number 3737
'and the following message addressed to Robert Reid:
(;etitioner's name and telephone number); (date petition was r ailed); (West Virginia University); and (publication date and page number of this FEDERAL REGISTER notice). A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Comission, Washington, D. C. 20555.
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 Ccmission, the presiding officer or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the granting of a late petition and/or request. That deteminaticn will be based upon a balancing of tne factors specified in 10 CR BL 714(a)(i)J(v) and !2.714(d).
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FP further cetails.:ith res:ect :: this a::icn, see : e licensee's as:licati n :a a: Se::er:er 27, 1979, as ay te s.::~ e ented :j fu:are st::mittais, whien is available f r ;ublic inspection at the C: :Hssion's Puclic Document Rec..1717 H 5:ree:, N. W., Washing :n, D. C.
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