ML20147H466
| ML20147H466 | |
| Person / Time | |
|---|---|
| Site: | Berkeley Research Reactor |
| Issue date: | 03/04/1988 |
| From: | Rubenstein L Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20147H455 | List: |
| References | |
| NUDOCS 8803080494 | |
| Download: ML20147H466 (4) | |
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7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-??4 UNIVERSITY OF CALIFORNIA, BERKELEY NOTICE OF PROPOSED ISSUANCE OF ORDERS AUTHORIZING DISPOSITION OF COMPONENT PARTS AND TERMW'*f3 FACILITY LICENSE The U. S. Nuclear Regulatt, . omission (the Comission) is considering c
issuance of Orders to authorize the University of California, Berkeley (the licensee) to dispose of the compenent parts of the research reactor in their possession, in accordance with the licensee's applicatioc u tvi January 8 -
I 1988 and terminating the Facility Operating License No. R-101.
The first of these Orders would be issued following the Commission's review and approval of the licensee's detailed plan for decontamination of the facility and disposal of the radioactive components, or some alternate j disposition plan for the facility. This Order would authorize implementation of the approved plan. Following completion of the authorized activities and ;
verification by the Comission that acceptable radioactive contamination levels have been achieved, the Commission would issue a second Ord6r terminating the facility license and any further NRC jurisdiction over the l facility. Prior to issuance of each Order, the Comission will have made ['
the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commissioi's regulations. ;
By , the licensee may file a request for a hearing with respect to issuance of the subject Orders and any person whose interest may be I
8803080494 080304 DR ADOCM 05000224 p PDR I
7590-01 y 2-affected by this proceeding and who wishes to participete as a party in the proceeding must file a petition for leave to intervene. Requests for a hearina and petitions for leave to intervene shall be filed in accordance with the Cotrnission's "Rules of Practice for Domestic Licensing Proceedirgs" in CFR Part 2. If a request for 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 Commission 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 part',cularity 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 petit'oner's right under the Act to be made l a party to the proceeding; (2) the nature and extent of the petitioner's l
l property, financial, or other interest in the proceeding; and (3) the l
l* possible effect of any Order which may be entered 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.
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7590-01 i Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a s';pplement to the petition to intervene which must include a list of the tontentions which are sought to be litigated in the matter and the bases for each contention set 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 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 shall be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing 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 f that the petitioner or representative for the petitioner promptly so inform the Comission by a toll-free telephone call to Western Union at (800) 325-6000 (in Missouri (800) 342-6700). The Western Union operator i should be given Datagram Identification Number 3737 and the following message addressed to Lester S. Rubenstein: (petitioner's name and telephone number);
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(date petition was mailed); University of California, Berkeley; and publication date and page number of the FEDERAL REGISTER notice. A copy of the petition l 1
should also be sent to the Office of the General Counsel-White Flint, U. S.
i Nuclear Regulatory Commission, Washington, D.C. 20555, and to the attorney 1 for the licensee, Mr. Milton Gordon, Office of the General Counsel, University of California, S90 University Hall, Berkeley, California 94720.
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 ,
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 determination will be based upon a balancing of the factors specified in 10 CFR 2.714(a)(1)(1)-(v) and 2.714(d).
For further details with respect to this action, see the licensee's coplication dated January 8, 1988, which is available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C.
Dated at Rockville, Maryland this 4th day of March,1988.
FOR THE NUCLEAR REGULATORY COMMISSION v rm Lester S. Rubenstein, Director Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, Y and Special Projects Office of Nuclear Reactor Regulation
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