[Federal Register Volume 59, Number 65 (Tuesday, April 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8069]


[[Page Unknown]]

[Federal Register: April 5, 1994]


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NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board

[Docket No. 40-8027-EA Source Material License No. SUB-1010 ASLBP No. 
94-684-01-EA]

 

Notice of Hearing; Staff Order Regarding Decommissioning Funding

March 29, 1994.
    Before Administrative Judges: James P. Gleason, Chairman, Dr. 
Jerry R. Kline, G. Paul Bollwerk, III, Thomas D. Murphy, Alternate 
Board Member.
    In the Matter of: Sequoyah Fuels Corporation and General Atomics 
(Gore, Oklahoma Site Decontamination and Decommissioning Funding)


    On October 25, 1993, the Nuclear Regulatory Commission published in 
the Federal Register notice of an October 15, 1993 enforcement order 
issued to the Sequoyah Fuels Corporation (SFC) and General Atomics (GA) 
concerning the decontamination and decommissioning funding for the 
Sequoyah Fuels facility at Gore, Oklahoma. 58 FR 55087.
    In response to the order, SFC and GA both requested a hearing. On 
November 22, 1993, an Atomic Safety and Licensing Board was established 
to preside over the proceeding. 58 FR 63406. The Licensing Board is 
comprised of Administrative Judges James P. Gleason, who is the Board 
Chairman, Dr. Jerry R. Kline and G. Paul Bollwerk, III. On January 13, 
1994, the Licensing Board was reconstituted by adding Administrative 
Judge Thomas D. Murphy as an Alternate Member. 59 FR 3382.
    On November 18, 1993, Native Americans for a Clean Environment 
(NACE) filed a motion for leave to intervene in this proceeding. After 
conducting a January 19, 1994 prehearing conference in Bethesda, 
Maryland, on January 25, 1994, the Licensing Board issued an 
unpublished memorandum and order granting the NACE request to intervene 
and directing NACE to file a supplemental petition listing contentions 
it seeks to have litigated. (The Board subsequently issued a published 
memorandum and order detailing the reasons for its determination. LBP-
94-5, 39 NRC ______ (Feb. 24, 1994).) In a March 22, 1994 memorandum 
and order, the Board found that NACE had filed two contentions meeting 
the requirements of 10 CFR 2.714(b)(2), thereby warranting its 
admission as a party to the proceeding. LBP-94-8, 39 NRC ______ (Mar. 
22, 1994).
    Please take notice that a hearing will be conducted in this 
proceeding. The hearing will be governed by the hearing procedures set 
forth in 10 CFR part 2, Subpart G (10 CFR 2.700-.790).
    The NRC staff, SFC, GA, and NACE are parties to this proceeding. In 
addition, any person whose interest may be affected by this proceeding 
may petition for leave to intervene within twenty (20) days of the date 
of publication of this notice of hearing in the Federal Register. In 
accordance with 10 CFR 2.714(a)(2), the petition must set forth in 
detail (1) the interest of the petitioner in the proceeding; (2) how 
that interest may be affected by the results of the proceeding, 
including the reasons why the petitioner should be permitted to 
intervene, with particular reference to (a) the nature of the 
petitioner's right under the Atomic Energy Act to be made a party to 
the proceeding, (b) the nature and extent of the petitioner's property, 
financial, or other interest in the proceeding, and (c) the possible 
effect of any order that may be entered in the proceeding upon the 
petitioner's interest; and (3) the specific aspect or aspects of the 
subject matter of the proceeding as to which petitioner wishes to 
intervene.
    A petition for leave to intervene must be filed with Commission at 
the following address: The Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Docketing and 
Services Branch. In addition, copies of the petition should be served 
upon Administrative Judge James P. Gleason, Chairman, The Atomic Safety 
and Licensing Board, U.S. Nuclear Regulatory Commission, Washington, DC 
20555 (5 copies); Lawrence J. Chandler, Esq., Assistant General Counsel 
for Hearings and Enforcement, Office of the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555; Maurice Axelrad, 
Esq., Newman, Bouknight & Edgar, 1615 L Street, NW., suite 1000, 
Washington, DC 20036; Stephen M. Duncan, Esq., Mays & Valentine, 110 
South Union Street, P.O. Box 149, Alexandria, Virginia 22313-0149; and 
Diane Curran, Esq., Harmon, Curran, Gallagher & Spielberg, 6935 Laurel 
Avenue, suite 204, Takoma Park, Maryland 20912.
    During the course of the proceeding the Board may hold further 
prehearing conferences, as well as oral arguments and evidentiary 
hearing sessions, at times and places to be hereafter announced, 
through notices to be published in the Federal Register and/or made 
available to the public at the Commission's Public Document Rooms.
    In accordance with 10 CFR 2.715(a), any person not a party to the 
proceeding may submit a written limited appearance statement setting 
forth his or her position on the issues in this proceeding. These 
statements do not constitute evidence but may assist the Board and/or 
parties in the definition of the issues being considered. Written 
limited appearance statements should be sent to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
Attention: Docketing and Services Branch. A copy of the statement also 
should be served on the Chairman of the Atomic Safety and Licensing 
Board. The Board will make a determination at a later date whether oral 
limited appearance statements will be entertained.
    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20037, or at the Local 
Public Document Room in the Stanley Tubbs Memorial Library, 101 E. 
Cherokee, Sallisaw, OK 74955.

    Dated: Bethesda, Maryland, March 29, 1994.

    For the Atomic Safety and Licensing Board.
James P. Gleason,
Chairman, Adminstrative Judge.
[FR Doc. 94-8069 Filed 4-4-94; 8:45 am]
BILLING CODE 7590-01-M