ML20235N646
| ML20235N646 | |
| Person / Time | |
|---|---|
| Site: | 05000294 |
| Issue date: | 02/23/1989 |
| From: | Chris Miller Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20235N628 | List: |
| References | |
| NUDOCS 8903010316 | |
| Download: ML20235N646 (4) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-294 .
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( MICHIGAN STATE UNIVERSITY j NOTICE OF PROPOSED ISSUANCE OF ORDERS l
AUTHORIZING DISPOSITION OF COMPONENT PARTS j AND TERMINATING FACILITY LICENSE q
i The U. S. Nuclear Regulatory Comission (the Commission)-is considering issuance of Orders authorizing Michigan State University (the licensee) to dismantle the reactor facility and dispose of the component parts, and termination of Faulity License No. R-114, in accordance with the licensee's 1
application dated January 20, 1989.
The first of these Orders would be issued following the Commission's review and approsal 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 Comission will have made the findings required by the Atomic Energy Act of 1954, as amended (the Act),andtheCommission' regulations.
By April 3,1989, the licensee may file a request for a hearing with respect to issuance of the subject Orders and any person whose interest may be y,70$$$ b ,
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affected by this proceeding and who wishes to participate as a party in the proceeding must file a written 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 Part 2. If a request for a hearing or petition for leave to inter-vene is filed by the above date, the Commission 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 I set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the
'l proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following l i
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 i
property, financial, or other interest in the proceeding; and (3) the '
possible effect of any order which may be entered in the proceedir 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
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_3 Notlaterthanfifteen(15)dayspriortothefirstprehearing 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 l 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, U. S. Nuclear Regulatory
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Commission, Washington, D.C. 20555, Attention: Docketing and Service Branch, or may be delivered to the Commission's Public Document Room, the Gelman Building, 2120 L 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 Commission by a toll-free telephone call to Western Union at 1-(800)325-6000(inMissouri 1-(800)342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Charles L. Miller: petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of this FEDERAL REGISTER notice. A copy of the petition I f
l should also be sent to the Office of the General Counsel, U. S. Nuclear Regulatory Comission, Washington, D.C. 20555, and to Ms. Mary Elizabeth l
Kurz, General Counsel, Michigan State University, 494 Administration Building, East Lansing, Michigan 48824-1046, attorney for licensee.
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 presiding Atomic Safety and Licensing Board, that the petitioner 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).
For further details with respect to this actfon, see the licensee's application dated January 20, 1989, which is available for public inspection at the Commission's Public Document Room, 2120 L Street, N.W., Washington, D.C.
Dated at Rockville, Maryland this 23rd day of February 1989.
FOR THE NUCLEAR REGULATORY COMMISSION Y lf Charles L. Miller, 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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