ML20211C711
| ML20211C711 | |
| Person / Time | |
|---|---|
| Site: | 05000538 |
| Issue date: | 02/06/1987 |
| From: | Berkow H Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20211C704 | List: |
| References | |
| NUDOCS 8702200188 | |
| Download: ML20211C711 (4) | |
Text
7590-01 o
s UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-538 MEMPHIS STATE UNIVERSITY NOTICE OF PROPOSED ISSUANCE OF ORDERS AUTHORIZING DISPOSITION OF COMPONENT PARTS AND TERMINATING FACILITY LICENSE The U. S. Nuclear Regulatory Commission (the Commission) is considering issuance of Orders to authorize Memphis State University, (the licensee) to dispose of the component parts of the research reactor in their possession, in accordance with the licensee's application dated November 12, 1986, as supplemented, and tenninating the Facility Operating License No. R-127.
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 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 Order terminating the facility license and any further NRC jurisdiction over the facility. Prior to issuance of each Order, the Commission will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations.
By March 9th , the licensee may file a request for a hearing with respect to issuance of the subject Orders and any person whose interest may be P
7590-01 I ,
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affected by this proceeding and who wishes to participate as a party in the proceeding must file 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 of Practice for Domestic Licensing Proceedings" in CFR Part 2. If a request for hearing or petition for leave to intervene is filed by the above date, the Commission 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 62.714, 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 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 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.
i Any person who has filed a petition for leave to intervene or who has been l
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.
7590-01 i 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 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 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, United States Nuclear Regulatory Comission, 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 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 should be given Datagram . Identification Number 3737 and the following message addressed to Herbert N. Berkow: (petitioner's name and telephone number);
' 7590-01
' (datepetitionwasmailed);MemphisStateUniversity;andpublicationdate and page number of the FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel-Bethesda, U. S.
Nuclear Regulatory Commission, Washington, D.C. 20555, and to the attorney for the licensee, Ms. Susan C. Short, General Counsel, State Board of Regents, 1161 Murfreesboro Road, Nashville, Tennessee 37217.
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 62.714(a)(1)(1)-(v)
, and2.714(d).
For further details with respect to this action, see the licensee's application dated November 12, 1986, as supplemented, which is available for public inspection at the Commission's Public Document Room,1717 H Street, N.W.,
Washington, D.C.
Dated at Bethesda, Maryland this 6th day of February 1987.
FOR HE NUCLEAR REGULATORY COMMISSION
}t Werbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation
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