ML20212M321

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Notice of Proposed Issuance of Orders Authorizing Dismantling of Facility & Disposition of Component Parts & Terminating Facility License
ML20212M321
Person / Time
Site: 05000124
Issue date: 08/19/1986
From: Berkow H
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20212M292 List:
References
NUDOCS 8608250442
Download: ML20212M321 (4)


Text

i . 7590-01

.- UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-124 VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY NOTICE OF PROPOSED ISSUANCE OF ORDERS AUTHORIZING DISMANTLING OF FACILITY AND DISPOSITION OF COMPONENT PARTS, AND TERMINATING FACILITY LICENSE The U. S. Nuclear Regulatory Commission (the Comission) is considering issuance of Orders authorizing Virginia Polytechnic Institute and State University (Virginia Tech or the licensee) to dismantle the reactor facility and dispose of the component parts, and termination of Facility Operating

. License No. R-62, in accordance with the licensee's application dated July 17, 1986.

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The first of these Orders would be issued following the Comission'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 implenientation of the approved plan. Following completion of the authorized activities and verification by the Commission that acceptable radioactive contamination levels have been achieved, the Commission would issue a second Order teminating 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 Sept. 25, 1984 the licensee may file a request for a hearing with respect to issuance of the subject Orders and any person whose interest may be 8608250442 860819 PDR ADOCK 05000124 P PDR

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.g 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 l with the Comission's " Rules of Practice for Domestic Licensing Proceedings" l 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 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 pennitted 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.

, 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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,, 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 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 l

Commission, Washington, D.C. 20555, Attention
Docketing and Service l

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 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);

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(date petition was meiled); Virginia Tech; and publication date I

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 Ms. Jane Bulbin, attorney for the licensee, University Legal Counsel, Virginia Polytechnic Institute and State University, Blacksburg, Virginia 24061.

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 of 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 92.714(a)(1)(1)-(v) and2.714(d).

For further details with respect to this action, see the licensee's application dated July 17, 1986, which is available for public inspection at the Connission's Public Document Room,1717 H Street, N.W., Washington, D.C.

Dated at Bethesda, Maryland this 19th day of August 1986.

FOR THE NUCLEAR REGULATORY COMMISSION Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation l

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