[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6266]


[[Page Unknown]]

[Federal Register: March 17, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-139]

 

The University of Washington; Consideration of Application for 
Renewal of Facility License

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering renewal of Facility License No. R-73, as a possession only 
license from the present operating license, issued to the University of 
Washington for the Argonaut reactor located on the campus of the 
University in Seattle, Washington.
    The renewal would extend the expiration date of Facility License 
No. R-73 to February 14, 1999, in accordance with the licensee's timely 
application for renewal as a possession only license by letter dated 
August 3, 23 and 31, 1989 and as modified on February 14, 1994. The 
operating license was modified by Amendment No. 15 to the license on 
May 7, 1990, to not permit possession of fuel on the site since all 
fuel had been removed from the facility and returned to its owner, the 
Department of Energy. The licensee is developing a plan to decommission 
the facility, and it is anticipated that the term of renewal will be 
sufficient to complete decommissioning and terminate the license.
    Prior to a decision to renew the license as a possession only 
license, the Commission will have made findings required by the Atomic 
Energy Act of 1954, as amended (the Act), and the Commission's 
regulations.
    By April 18, 1994, the licensee may file a request for a hearing 
with respect to renewal of the subject facility license 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 request 
for a hearing and petition for leave to intervene. Requests for 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. 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 20555. 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 of 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 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 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.
    Not later than fifteen (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 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 material issue of law or fact. Contentions shall be 
limited to matters within the scope of the amendment 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.
    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 must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Docketing and Service 
Branch, or may be delivered to the Commission's Public Document Room, 
the Gelman Building, at 2120 L Street, NW., Washington, DC by the above 
date. Where petitions are filed during the last ten (10) days of the 
notice period, it is requested that the petitioner promptly so inform 
the Commission by a toll-free telephone call to Western Union at 1-
(800) 325-6000 (in Missouri 1-(800) 342-6700). The Western Union 
operator should be given Datagram Identification Number 3737 and the 
following message addressed to Seymour H. Weiss: petitioner's name and 
telephone number; date petition was mailed; The University of 
Washington; and publication date and page number of this Federal 
Register notice. A copy of that petition should also be sent to the 
Office of General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555 and to Ms. Christine Hughes, Division Chief and 
Special Assistant to the Attorney General, University of Washington, 
101 Administration, MS: AF-50, Seattle, Washington 98195, 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 
factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for renewal dated August 3, 23 and 31, 1989, and as 
modified on February 14, 1994, which is available for public inspection 
at the Commission's Public Document Room at 2120 L Street, NW., 
Washington, DC 20555.

    Dated at Rockville, Maryland, this 11th day of March 1994.

    For the Nuclear Regulatory Commission.
Seymour H. Weiss,
Director, Non-Power Reactors and Decommissioning Project Directorate, 
Division of Operating Reactor Support, Office of Nuclear Reactor 
Regulation.
[FR Doc. 94-6266 Filed 3-16-94; 8:45 am]
BILLING CODE 7590-01-M