ML20237G692

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Notice of Proposed Issuance of Order Terminating License R-4,per Licensee 870306 Application & 870602 Amend 2 to License SNM-7
ML20237G692
Person / Time
Site: Battelle Memorial Institute
Issue date: 08/14/1987
From: Berkow H
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20237G680 List:
References
NUDOCS 8708240189
Download: ML20237G692 (4)


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UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-6 BATTELLE COLUMBUS DIVISION NOTICE OF PROPOSED ISSUANCE OF ORDEP.

TERMINATING FACILITY LICENSE The U.'S. Nuclear Regulatory Commission (the Commission) is considering issuanceofanOrdertoBattelleColumbusDivision(thelicensee), terminating Facility License No. R-4, in accordance with the licensee's March 6, 1987 application.to amend Materials License SNM-7 and the resulting Amendment No. 2 to Materials License SNM-7 dated June 2,1987.

The Order would be issued following completion of the staff's review of the licensee's application. Prior to. issuance of an Order, the Commission will-have made the findings required by the Atomic' Energy Act of 1954, as amended l

(the Act), and the Commission's regulations.

By September 21, 1987, the licensee may file a request for a hearing with respect to issuance of the subject Order and any person whose interest may be 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 Commission's " Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2.

If a request for a 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.

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8708240189 870814 PDR ADOCK 05000006 P

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I' 2-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 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 in the proceeding on the petitioner's interest. The' petition should also identify the specific aspect (s) of the subject matter of the proceeding as I

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 j

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.

Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the 1

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 reascnable 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.

l 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 ad cross-examine witnesses.

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l A request for e hearing or a petition for leave to intervene shall be i

filed with Secretary of the Commission, U. S. Nuclear Regulatory l

Commission, Washington, D.C.

20555, Attention:

Docketing and Service 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 i

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 I

l Commission by a toll-free telephone call to Western Union at (800) 325-6000 j

i (inMissouri(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; date petition was mailed; Battelle Columbus Division; and publication date 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

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Commission, Washington, D.C.

20555, and to the attorney for the licensee, Mr.

Jerome R. Bahlmann, Vice President and General Counsel for Battelle Columbus Laboratories, Battelle Columbus Division, 505 King Avenue, Columbus, Ohio 43201.

Nontimely filings of petitions for leave to intervene, imended petitions,.

supplemental petitions and/or requests for hearing will not ce entertained absent a determination by the Comission, the presiding of 'icer or the presiding Atomic Safety and Licensing Board, that the pet. tion and/or request should be granted based upon a balancing of factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 2.714(d).

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For further details with respect to this action, see the licensee's j

application dated March 6,1987, and Amendment No. 2 to Materials License SNM-7, dated June 2, 1987, which are available for public inspection at the Commission's Public Document Room, 1717 H Street, N.W., Washington, D.C.

th Dated at Bethesda, Maryland this 14 day of August 1987.

FOR THE NUCLEAR REGULATORY COMMISSION

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H rbert N. Ber ow, Director.

Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, V and Special Projects Office of Nuclear Reactor Regulation l

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