ML081020767

Determination of Acceptability and Sufficiency for Docketing and Opportunity for a Hearing Regarding the Application from the Rensselaer Polytechnic Institute for Renewal of Facility License No. CX-22 for the Rensselaer Polytechnic Institut

ML081020767
Person / Time
Site:	Rensselaer Polytechnic Institute
Issue date:	05/09/2008
From:	William Kennedy NRC/NRR/ADRA/DPR/PRTA
To:	Winters G Rensselaer Polytechnic Institute
Kennedy W, NRR/ADRA/DPR/PRT, 415-2784
References
TAC MC9032
Download: ML081020767 (20)

Text

May 9, 2008 Mr. Glenn Winters, Director Reactor Critical Facility Nuclear Engineering and Science Building Rensselaer Polytechnic Institute Troy, NY 12181

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM THE RENSSELAER POLYTECHNIC INSTITUTE (RPI) FOR RENEWAL OF FACILITY LICENSE NO. CX-22 FOR THE RENSSELAER POLYTECHNIC INSTITUTE REACTOR CRITICAL FACILITY (TAC NO. MC9032)

Dear Mr. Winters:

By letter dated November 19, 2002, RPI submitted an application to the U.S. Nuclear Regulatory Commission (NRC) for renewal of Facility License No. CX-22 for the RPI Reactor Critical Facility.

Based on its initial review of the application, the NRC staff determined that RPI submitted sufficient information that the application is acceptable for docketing in accordance with 10 CFR 50.33 and 50.34. However, the staffs determination does not preclude requests for additional information as the review proceeds.

Enclosed is a copy of the notice of acceptance of the application for docketing being sent to the Office of the Federal Register for publication. The notice provides the opportunity to request a hearing and to file a petition for leave to intervene.

If you have any questions regarding this matter, please contact Mr. Daniel Hughes at 301-415-1631 or Mr. William B. Kennedy at 301-415-2784.

Sincerely,

/RA/

William B. Kennedy, Project Manager Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-225

Enclosure:

Federal Register Notice cc w/enclosure: See next page

Rensselaer Polytechnic Institute Docket No. 50-225 cc:

Mayor of the City of Schenectady Schenectady, NY 12305 Barbara Youngberg Chief, Radiation Section Division of Hazardous Waste and Radiation Management NY State Dept. of Environmental Conservation 625 Broadway Albany, NY 12233-7255 Peter F. Caracappa, Ph.D, CHP Radiation Safety Officer NES Building, Room 1-10, MANE Department Rensselaer Polytechnic Institute 110 8th St.

Troy, NY 12180-3590 Dr. Jeffery Geuther, RCF Supervisor NES Building, Room 1-10, MANE Department Rensselaer Polytechnic Institute 110 8th St.

Troy, NY 12180 Peter Collopy, Director EH&S Rensselaer Polytechnic Institute 21 Union Street Gurley Building 2nd Floor Troy, NY 12180 John P. Spath, State Liaison Officer Designee Program Manager Radioactive Waste Policy and Nuclear Coordination New York State Energy Research & Development Authority 17 Columbia Circle Albany, NY 12203-6399 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611

Mr. Glenn Winters, Director May 9, 2008 Reactor Critical Facility Nuclear Engineering and Science Building Rensselaer Polytechnic Institute Troy, NY 12181

SUBJECT:

DETERMINATION OF ACCEPTABILITY AND SUFFICIENCY FOR DOCKETING AND OPPORTUNITY FOR A HEARING REGARDING THE APPLICATION FROM THE RENSSELAER POLYTECHNIC INSTITUTE (RPI) FOR RENEWAL OF FACILITY LICENSE NO. CX-22 FOR THE RENSSELAER POLYTECHNIC INSTITUTE REACTOR CRITICAL FACILITY (TAC NO. MC9032)

Dear Mr. Winters:

By letter dated November 19, 2002, RPI submitted an application to the U.S. Nuclear Regulatory Commission (NRC) for renewal of Facility License No. CX-22 for the RPI Reactor Critical Facility.

Based on its initial review of the application, the NRC staff determined that RPI submitted sufficient information that the application is acceptable for docketing in accordance with 10 CFR 50.33 and 50.34. However, the staffs determination does not preclude requests for additional information as the review proceeds.

Enclosed is a copy of the notice of acceptance of the application for docketing being sent to the Office of the Federal Register for publication. The notice provides the opportunity to request a hearing and to file a petition for leave to intervene.

If you have any questions regarding this matter, please contact Mr. Daniel Hughes at 301-415-1631 or Mr. William B. Kennedy at 301-415-2784.

Sincerely,

/RA/

William B. Kennedy, Project Manager Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-225

Enclosure:

Federal Register Notice cc w/enclosure: See next page DISTRIBUTION:

PUBLIC RidsNrrDpr RidsNrrDprPrta RidsNrrDprPrtb DPR/PRT r/f GHill(2)

ACCESSION NO.: ML081020767 Office PRTA:PM PRTA:LA PRTA:PM OGC PRTA:BC Name WKennedy wbk EHylton egh DHughes deh SWetal sw DCollins dsc Date 4/11/08 4/14/08 4/16/08 5/7/08 5/9/08

7590-01-P UNITED STATES NUCLEAR REGULATORY COMMISSION THE RENSSELAER POLYTECHNIC INSTITUTE NOTICE OF ACCEPTANCE FOR DOCKETING OF THE APPLICATION AND NOTICE OF OPPORTUNITY FOR HEARING REGARDING RENEWAL OF THE RENSSELAER POLYTECHNIC INSTITUTE REACTOR CRITICAL FACILITY FACILITY LICENSE NO. CX-22 FOR AN ADDITIONAL 20-YEAR PERIOD DOCKET NO. 50-225 The Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Facility License No. CX-22, which authorizes the Rensselaer Polytechnic Institute (RPI or the licensee) to operate the Rensselaer Polytechnic Institute Reactor Critical Facility (RCF) at 100 watts thermal power. The renewed license would authorize the licensee to operate the RCF for an additional 20 years from the date of issuance.

On November 19, 2002, the Commissions staff received an application from RPI filed pursuant to 10 CFR Part 50.51(a), to renew Facility License No. CX-22 for the RCF. Because the license renewal application was filed in a timely manner in accordance with 10 CFR 2.109, the license will not be deemed to have expired until the license renewal application has been finally determined.

Based on its initial review of the application, the Commissions staff determined that RPI submitted sufficient information in accordance with 10 CFR 50.33 and 50.34 so that the application is acceptable for docketing. The current Docket No. 50-225 for Facility License No.

CX-22 will be retained. The docketing of the renewal application does not preclude requests for additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application. Prior to a decision to renew the license, the Commission will

make findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations.

Within 60 days after the date of publication of this notice, the applicant may file a request for a hearing, and any person(s) whose interest may be affected by this proceeding and who wishes to participate as a party in the proceeding must file a written request for a hearing and a petition for leave to intervene, via electronic submission through the NRC E-filing system.

Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission=s ARules of Practice for Domestic Licensing Proceedings@ in 10 CFR Part 2.

Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission=s PDR, located at One White Flint North, Public File Area O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland and on the NRC website, http://www.nrc.gov/reading-rm/doc-collections/cfr. Publicly available records will be accessible from the Agencywide Documents Access and Management System=s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. If a request for a hearing or petition for leave to intervene is filed by the above date, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.

As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner/requestor 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 general requirements: 1) the name, address and telephone number of the requestor or petitioner; 2) the nature of the requestor=s/petitioner=s right under the Act to be made a party to the proceeding; 3) the nature and extent of the requestor=s/petitioner=s property, financial, or other interest in the

proceeding; and 4) the possible effect of any decision or order which may be entered in the proceeding on the requestor=s/petitioner=s interest. The petition must also identify the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.

Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the licensing action (i.e., license renewal) under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/requestor who fails to satisfy 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.

A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below.

To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/ requestor must contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a digital ID

certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner/requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each petitioner/ requestor will need to download the Workplace Forms ViewerJ to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerJ is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is available on NRC=s public website at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.

Once a petitioner/requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public website at http://www.nrc.gov/site-help/e-submittals.html.

A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

A person filing electronically may seek assistance through the AContact Us@ link located on the NRC website at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC

technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is (800) 397-4209 or locally, (301) 415-4737.

Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:

Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants.

Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service.

Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date.

Documents submitted in adjudicatory proceedings will appear in NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of

the adjudicatory filings and would constitute a Fair Use application, Participants are requested not to include copyrighted materials in their submissions.

Detailed guidance which the NRC uses to review applications for the renewal of non-power reactor licenses can be found in the document NUREG-1537, entitled "Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors," can be obtained from the Commission's PDR. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The detailed review guidance (NUREG-1537) may be accessed through the NRC's Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML041230055 for part one and ML041230048 for part two.

Copies of the application to renew the facility license for the licensee are available for public inspection at the Commission's PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20852-2738. The initial application and other related documents may be accessed through the NRCs Public Electronic Reading Room, at the address mentioned above, under ADAMS Accession No. ML072210835 (Redacted Version).

Persons who do not have access to ADAMS, or have problems accessing the documents located in ADAMS, may contact the NRC Public Document Room Reference staff at (800) 397-4209, or locally, (301) 415-4737, or by e-mail to pdr@nrc.gov.

Dated at Rockville, Maryland, this 9th day of May, 2008.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Daniel S. Collins, Chief Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation