ML20005A971

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Notice of Proposed Issuance of Orders Authorizing Dismantling of Facility,Disposition of Component Parts & Termination of Facility License
ML20005A971
Person / Time
Site: 05000394
Issue date: 06/22/1981
From: Stolz J
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20005A970 List:
References
NUDOCS 8107060135
Download: ML20005A971 (4)


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7590-01 UNITED STATES NUCLEAR REGULATORY C0!91ISSION

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DOCKET NO. 50-394 CALIFORNIA POLYTECHNIC OTATE UNIVERSITY NOTICE OF PROPOSED ISSUANCE OF ORDERS AUTHORIZING DISMANTLING OF FACILITY, DISPOSITION OF COMPONENT' PARTS-AND TERMINATION OF FACILITY LICENSE The U. S. Nuclear Regulatory Commission (the Commissio. ) is considering issuance of orders authorizing the California Polytechnic S' tate University (the licensee) to dismantle the AGN-20T, Serial No.100, Training Reactor (the facility), a nuclear research reactor located on the licenset's campus, San Luis Obispo, California, to dispose of the component parts in accordance with the plan set out in the licensee's application dated April 30,1981, and to terminate the faciTity license. The reactor *is covered by Facility License No. R-121.

Prior to issuance of any orders, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended ( the Act), and the Comission's rules and regulations.

3y July 27,1981, the licensee may file a r[ quest for a hearing with re.;pect 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 l

I the proceeding must file a written petition for leave to intervene. Requests for a hearing and petitions for leave to intervene shall be,_, filed in accordance with the Commission't " Rules of Practice for Domestic. Licensing Proceedings" in 10 CFR Part 2.

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 l

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h590-01 2-Board, designated by the Comission or by the Chairman of the.Atuaic Safety. --

and Licensing Board Panel, will rule o,n 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 52.714, a petition for leave to int'ervene shall set forth with particularity the interest of.tte petitioner.in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should spegifically explain the reasons why intervention should be pemitted 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 petTfioner'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.

l 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, and the bases for each contention set l

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forth with reasonable specificity. Contentions shall be limited to matters within the scope of the action under consideration. A petitioner who fails to file such a supplement which satisfies thes.e 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 limitatio..s 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 shall be filed with the Secretary of tne Commission, United States Nuclear Re'gulatory Commission, Washington, D. C.

ZU555, Attention: docketing and Service Section, or may be delivered to 'the' Commission'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 promply so infonn the Commission 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 th6 following message addressed to John Stolz:

(petitioner's name and telephone number); (date petition was mailed); (CPSU AGN-201 Reactor);

and (publication date and page number of this FEDERAL REGISTER nctice).

A copy of the petition should also be sent to the Executive Legal Director, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, and to

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7590-01

-4 R. W. Adamson, Reacto Administrator, California Polytechnic. State University, San Luis Obispo, California 93407.

Nontimely filings of petitions for leave to. intervene, amended petitions, supplemental petitions and/or requests for hearing will not

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be entertained absent a determination by the Comission, the presiding officer or the Atomic Safety and Licensing Beard designated to rule on the petttion 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 deterinination will be based upon a balancing of the factors specified in 10 CFR 52.714 (a)(1)-(v) and 52.714(d).

For further details with respect to this actica, see the licensee's application dated April 30, 1981, as may be_ supplemented by future submittals, which is available for public inspection at the Comission's Public Document Room,1717 H Street, N.W., Washington, D. C.

Dated at Bethesda, Maryland, this 22nd day of June 1981.

FOR THE NUCLEAR 4EGULATORY COMMISSION Jo in

. Stolz, Chief' erating Reactors Branch #4 l

Division of Licensing

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