ML20028H229
| ML20028H229 | |
| Person / Time | |
|---|---|
| Site: | 05000606 |
| Issue date: | 11/05/1990 |
| From: | Weiss S Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20028H230 | List: |
| References | |
| NUDOCS 9011190119 | |
| Download: ML20028H229 (5) | |
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7590-01 i
UNITED STATES NUClFAR REGULATORY COMMISSION DOCKET NO. 50-606 ARKANSAS TECH UNIVERSITY NOTICE OF PROPOSED ISSUANCE OF CONSTP.UCTION PERMIT AND FACILITY OPERATlHG LICENSE The U. S. Nuclear Regulatory Commission (the Comission) is considering issuance of a construction permit and subsequently a f acility operating license to Arkansas Tech University (the applicant). The permit would authorize the applicant to construct for educational training and research purposts 6 nuclear i
research reactor (the facility) on the Univers?ty's campus in Russellville, Arkansas. The license would authorize the applicant to operate the reactor at power levels not in excess of 250 kilowatts (thermal), with pulse step reactivity insertion not in excess of 2.00$.
Prior to issuance of the construction permit, the Comission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act) and the Comission's regulations.
Upon completion of the construction of the facility in Russellville, Arkansas, in compliance with the terms and ccnditions of the construction r
permit and 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 environ-mental 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 Comission to determine whether it has been constructed in accordance with the application and the provisions of the construction 9011190119 901108 PDR ADOCK 050 6
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2 permit. The license will not be issued until the Comission makes the findings required by the Act and the Comission's rules and regulations and concludes that the issuance of the license will not be inimical to the coninon defense and j
security or to the health and safety of the public or to the environment.
In addition, the applicant will te required-to execute an indemnity agreement es required by Section 170 of the Act and by 10 CFR Part 140 of the Comission's regulations, i
By Decenber 10, 1990, the applicant may file a request for a he6 ring with respect to the issuance of the construction permit and the f acility 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 petitions for leave to intervene shall be filed in accordance with the Commission's " Rules and 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 Comission's Public Document Room, the Gelman-Building, 2120 L Street, N. W., Washington, D. C.
20555.
If a request for a hearing or petition for leave to intervene is filed by the above date, the Comission or an Atomic Safety and Licensing Board, designated by the Comission 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
3 how that interest may be affected by the results of the proceeding.
The petition should specifica1t explain the reasons why intervention should be perniitted with particub eference to the following factors:
(1)thenature of the petitioner's right under the Act to be made a party to the proceeding; (2)thenatureandextentofthepetitioner'sproperty, financial,orother
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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 f
should also identify the specific aspect (s) of the subject mutter of the i
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 i
may amend the petition withuut requesting leave of the Board up to fifteen (15)dayspriortothefirstprehearingconferencescheduledintheproceeding, but such an amended petition must satisfy the specificity requirements described a
above.
Notlaterthanfifteen(15)dayspriortothefirstprehearingconference scheduled in the proceeding, a petitioner shall file a supplenent to the petition to intervene which must include a list of the contentions which are f-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
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references to those specific sources and documents of which the petitioner is E
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 S
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, genuir.e 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 petitiencr to relief, A petitioner who fails to file such a supplement which satisfies these reouirements with respect to at least one contention will oct be permitted to participate as a party.
Those permittee to intervene become parties to the proceeding, subject to any limitationt in the order granting le. ave to intervene, and have the cpportunity 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 Comission, Washington, D. C.
20555, Attention: Docketing and Service Branch, or may be.
delivered to the Comission's Public Docuant Room, the Gelman Building, at 2120 L Street, M. W., Washington, D. C. by the above date. Where petitions are filed.duringthelastten(10)daysofthenoticeperiod,itisrequestedthat' the petitioner promptly so inform the Commission by a toll-free telephone call c
to Western Union at 1-(800)325-6000(inMissourt 1-(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following messego addressed to Seymour H. Weiss:
petitioner's name and telephone number; date petition was mailed; Arkansas Tech University; and
. publication date and page number of this FEDERAL REGISTER r.etice. A copy of the petition should also be sant to the Office of the General Counsel, U. S.
Nuclear Regulatory Commission, Washington, D. C.
20555 and to Jeff Bell, Deputy Attorney General, State of Arkansas, 200 Tower Building, 4th and Center Streets, Little Rock, Arkanses 72201, attorney for the licensee.
5-Nontimely filings of petitior.s for leave to intervene, amended petitions, supplemental petitions and/or requerts for hearing will not be entertained absent a determination by the Comission, the presidir.g 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)(1)-(v) and 2.714(d).
For further details with respect '.o this action, see the application for construction permit and facility operating license dated November 13, 1989, as supplemented on December 19, 1989 rod April 25, 1990, which is available for public inspection 6t the Comiss'.on's Public Document Room at 2120 L Street, N. W., Washington, D. C.
205f6.
Dated at Rot.kville, Maryland this 5th day of Novenber 1990.
FOR THE NUCLEAR REGULATORY COMMISSION h
W
/eymour H. Weiss, Director S
Non-Power Reactor, Decommissioning and Environmental Project Director 4te Division of Reactor Projects - Ill, IV, Y ai,d Special Projects Offict of Nuclear Reactor Regulation
,