ML20042D805
| ML20042D805 | |
| Person / Time | |
|---|---|
| Site: | Ohio State University |
| Issue date: | 03/26/1990 |
| From: | Weiss S Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20042D803 | List: |
| References | |
| NUDOCS 9004090395 | |
| Download: ML20042D805 (4) | |
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7590-01 UNITED $ TATE $ NUCLEAR REGULATORY COMMi$$f0N OHIO STATE UNIVER$17Y DOCKET NO.60-150 NOTICE OF CONSIDERATION OF 1$$UANCE OF AMENDMENT TO FACILITY LICENSE AND OPPORTUNITY FOR HEARING The U. S. Nuclear Regulatory Comission (the Comission) is considering j
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issuance of an amendment to License No. R-75, issued to the Ohio state t
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University (the licensee), for the 10KW (thermal) reactor facility located on f
the Columbus campus of the Ohio State University, in Columbus, Ohio, in accordance with the licensee's application dated October 7 1987 as supplemented i
3 f-on May 26, 1989 and February 28, 1990. The amendwent would accomplish the following: 1)approvethelicensee'srequesttoincreasethepowerlevelfrom 10KW(thermal)to500KW(thermal);and2)revisetheTechnicalSpecifications j
to reflect the increased power level.
j Prior to issuance of the proposed license amendment, the Comission will f
have made findings required by the Atomic Energy Act of 1954, as amended (the f
l Act) and the Comission's regulations.
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By April 30, 1990, the licensee may file a request for a hearing with
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respect to issuance of the amendment to the subject facility license and any f
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 f
i 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 Comission's ' Rules of Practice for Domestic Licensing Proceedings" in 10 CFR l
l Part 2.
Interested persons should consult a current copy of 10 CFR 2,.7.14 which j
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 leate to intervene is filed by the above date, the Commission or 90040903p5 90032$
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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 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 isference to the following factors:
(1)thenature of the petitioner's right under the Act to be made 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 ider.tify 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 mty amend the petition without request:tg 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.
Notlaterthanfifteen(15)dayspriortothefirstprehearingconference 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 i
specific statement of the issue of law or fact to be raised or controverted.
4 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 1
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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 entst 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 action under consideration. The contention must be one which, if proven, would entitle the petitioner to relief. A petittuar who fails to tile such a supplement which satisfies these requirements with s upect to at least one contention will not be pemitted 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 shall be filed with the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C.
20555, Attention:
Docketing and Service Branch, or may be delivered to the Comistdef s public Document Room, the Gelman Building, 2120 L Street, N.W., W6shington, D.C., by the above date. Where petitions are filedduringthelasttea(10)daysofthenoticeperiod,itisrequestedthat the petitioner promptly so inform the Comission by a toll-free telephene call to Western Union at 1-(800)3256000(inMissouri 1-(800) 342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the f ollowing inessage addressed to Seymour H. Weiss: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page nunt>er of this FEDERAL REGISTER notice. A copy of the petition shoulo also
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be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Connission.
Washington, D.C.
20555, and to Gary E.. Brown, Assistant Attorney G' neral, e
General Counsel to the University, Rm.108 Bricker Hall, Ohio State University, 190 North Oval Drive, Columbus, Ohio /43210.
Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination bv the Comission, the pret,iding officer or the presiding Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1).-(v)and2.714(d).
If a request for a hearing is received, the Comission's staff may issue the amendment after it completes its technical review and prior to the completion of any required hearing if it publishes a further notice for public comment of its proposed finding of no significant hazards considerations in accordance with 10 CFR 00.91 and 50.92.
For further details with respect to this action, see the application for amendrnent dated October 7,1987 as supplernented on May 26,1H9 and February 28, 1990, which is available for public inspection at the Comiscion's Public Document Roori, 2120 L Street, N.W., Washington, D.C.
20555.
Dated at Rockville, Maryland this 26th day of March 1990.
FOR THE NUCLEAR MGULATORY COMMISSION
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Sey our H. Weiss, Director Non Power Reactor, Decomissioning and Environmental Project Directorate Division of Reactor Projects - Ill,
!Y, V and Special Projects Office of Nuclear Reactor Regulation