ML20217E145
| ML20217E145 | |
| Person / Time | |
|---|---|
| Site: | University of California-Davis |
| Issue date: | 09/23/1997 |
| From: | Weiss S NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20217E141 | List: |
| References | |
| NUDOCS 9710060339 | |
| Download: ML20217E145 (4) | |
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7590 01 P UNITED STATES NUCLEAR REGULATORY COMMISSION QQCKET NO. 50 607 UNITED STATES AIR FORCE NOTICE OF PROP _QSED.jSSUANCE OF FACILITY OPERATING LICENSE The U.S. Nuclear hogulatory Commission (the Commission)is considering issuance of a facility operating license to the United States Air Force (the applicant). The license would authorize the applicant to operate a nuclear research teactor (the f acility), located at McClellan Air Force Base, Sacramento, California, at power levels not to exceed 2300 kilows thermal), with pulse step reactivity insertion not to exceed $1.75. The f acility is presently operating under the authority of Section 91b of the Atomic Energy Act of 1954, as amended (the Act).
In compliance with the terms and conditions of the application, as amended, and in the absence of good cause to the contrary, the Commission willissue to the applicant (without prior notice) a class 104c f acility license authorizing operation of the nuclear research reactor at the power and pulse levels specified above, since the application is complete enough to permit evaluation of the safety and environmentalimpact of the operation of the facility in the manner and loct. tion proposed. Prior to the issuance of the license, the f acility will be inspected by a representative of the Commission to determine whether it has been constructed in accordance whh the application. The license will not be issued until the Commission makes the findings required by the Act and the Commissic l's rules and regulations and concludes that the issuance of the license will not be inimic 1 to the common defense and security or to the health and safety of the public or to the DR 07 P PDR
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environment, in addition, the applicant will be required to execute an indemnity agreement as toquired by Section 170 of the Act and by 10 CFR Part 140 of the Commission's regulations.
By october 31, 1997, the licensee ma" file a requ6Jt for a hearing with respect to issuance of the f acility operating license and any person whose interest may be affected by this proceeding and who wishes to participate as a party in i. e
- proceeding must file a written request for a ha....g and a petition for leave to intervene. Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's
- Rules of Practice for Domestic LicensinD Proceedings"in 10 CFR Part 2. Interested persons should consult a current copy of 10 CFR 2.714 which is available at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW.,
Washington, DC. 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 willissue a notice of hearing or an appropriate cedcr.
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 mato 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 to which petitioner wishes to intervene
3 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 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 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. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted in addition, the petitioner shall provide a brief explanation of the bases of the contention and a concise i
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.
Petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a materialissue of law or fact. Contentions shall be limited to matters within the scope of the application under consideration. The contention must be one which,if proven, would entitle the petitioner to relief. 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.
Thoss 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.
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3 . ~ v e-4 A request for a hearing or a petition for leave to intervene must be filed with the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001, Attention: Rulemakings and Adjudications Staff, or may be delivered to the Commission's Public Document Room, the Gelman Building,2120 L Street, NW.,
Washington, DC. by the above date. A copy of the petition should also be sont to the Office of the General Counsel, U.S. Nuclesi Regulatory Commission, Washington, DC 20555 0001, and to Col. Robert Gibson, SM.ALC/JA, 5219 Arnoht ,s tenue, W.Clellan AFB, Sacramento, California 956521085, attorney for the 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 petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 2.714f a)(1)(i)-(v) and 2.714(d).
For further details with respect to this action, see the application for dated Octcber 30,1996, which is available for put:he inspection at the Commission's Public 4
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
Dated at Rockville, Maryland, this 23rd day of September 1997, i FOR THE NUCt. EAR REGULATORY COMMISSION P4/
/eymour S H. Weiss, Director Non Power Reactors and Decommissioning
- Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation
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