ML20215E079
| ML20215E079 | |
| Person / Time | |
|---|---|
| Site: | Dow Chemical Company |
| Issue date: | 12/09/1986 |
| From: | Berkow H Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20215E078 | List: |
| References | |
| NUDOCS 8612170228 | |
| Download: ML20215E079 (4) | |
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>. v.
V 7590-0I UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-264 DOW CHEMICAL COMPANY NOTICE OF CONSIDERATION OF APPLICATION FOR RENEWAL OF FACILITY OPERATING LICENSE AT INCREASED POWER LEVEL The United States Nuclear Regulatory Commission (the Commission) is considering renewal, at an increased power level, of Facility Operating License No. R-108, issued to the Dow Chemical Company for operation of the Dow TRIGA Research Reactor located at the Dow research facilities in Midland, Michigan.
The amendment to Facility Operating License No. R-108 would authorize an increase in the maximum power level of the reactor from 100 kW (thermal) to 300 kW (thermal) and would extend the expiration date of the license for twenty years from the date of issuance, in accordance with the licensee's timely application for renewal dated November 14, 1986.
Prior to a decision to renew the license, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations.
By January 14, 1986 , the licensee may file a request for a hearing with g f.frespect to renewal of the subject facility license and any person whose g, g - 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.
p{ g Reauests 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 bearing or petition for 861R170228 861208 PDR ADOCK 05000264 p PDR
.,' i L ,
i leave to' intervene is filed by the above date, the Commission or an Atomic l 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 of 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 i 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)thenature 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 to which petitioner wishes to intervene. Any person who has filed a
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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 p" hearing conference scheduled in the proceeding but such 1
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 l 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 I.
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[ within the scope of the renewal 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 Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, or may be delivered to the Commission's Public Document Room, at 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 Commission by a toll-free telephone call to Western Union at (800) 325-6000(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); (Dow Chemical Company); and (publication date and
.page number of this 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 John Gray, The Dow Chemical Company, 2030 Building, Midland, Michigan 48674, attorney for the licensee.
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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 or 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 detennination will be based upon a balancing of the factors specified in 10 CFR 62.714(a)(1)(i)-(v) and92.714(d).
For further details with respect to this action, see the application for renewal dated November 14, 1986, which is available for public inspection at the Commission's Public Document Room at 1717 H Street, N. W., Washington, i
l D. C. 20555.
Dated at Bethesda, Maryland this 9th day of. December,1986.
FOR THE NUCLEAR REGULATORY COMMISSION erbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B Office of Nuclear Reactor Regulation
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