[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Page 13478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6065]



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NUCLEAR REGULATORY COMMISSION
[Docket 70-364]


Babcock and Wilcox Co., Receipt of Petition for Director's 
Decision Under 10 CFR 2.206

    Notice is hereby given that by Petition dated January 5, 1994, 
Citizens' Action for a Safe Environment (CASE) and the Kiski Valley 
Coalition to Save Our Children (The Coalition) (together referred to as 
Intervenors) filed a joint request for an informal hearing pursuant to 
10 C.F.R. Part 2, Subpart L, with regard to Babcock & Wilcox Company's 
(Licensee) application for renewal of Special Nuclear Materials License 
SNM-414 issued to the Licensee by the Nuclear Regulatory Commission 
(Commission) for the Pennsylvania Nuclear Service Operation facility 
located in Parks Township, Armstrong County, Pennsylvania (Parks 
Township facility). In its Initial Decision, dated January 3, 1995, 
authorizing the renewal of the materials license, the Atomic Safety and 
Licensing Board, consistent with 10 C.F.R. 2.1205(k)(2), referred to 
the Commission's Executive Director for Operations for consideration as 
requests for action under 10 CFR 2.206, twelve areas of concern (see 
Sections B, H, I, M, P, Q, S, T, U, W, X, and Y, Initial Decision at 
pages 63 to 70) raised in that proceeding by the Intervenors. These 
concerns were referred to the Director of the Office of Nuclear 
Material Safety and Safeguards. Each of these concerns has been 
reviewed with respect to the requirements of 10 CFR 2.206. Sections B, 
H, I, M, P, S, T, U, W and Y have failed to satisfy the requirement of 
Section 2.206 that a request pursuant to section 2.206 must ``specify 
the action requested and set forth the facts that constitute the basis 
for the request.'' However, Section B, H, M, P, S, T, U, W, and Y were 
addressed by the Commission staff in Michael A. Lamastra's affidavit 
dated September 22, 1994, and Section I was addressed by the Commission 
staff in Heather M. Astwood's affidavit dated September 22, 1994, filed 
in the Parks Township proceeding.
    Section Q has been interpreted as a request for the Commission to 
test for radioactive contamination in the general vicinity of Kepple 
Hill and Riverview in Parks Township. The apparent concern is that this 
area is downwind of the Apollo facility which the Intervenors assert 
had been releasing radioactivity at a rate above regulatory limits. The 
Intervenors rely on letters dated April 20, 1966, and May 26, 1969, 
concerning the need for experimental data for an air surveillance 
program at the Apollo plant and authorization by the Commission's 
predecessor, the Atomic Energy Commission, for the discharge of 
radioactive materials in concentrations exceeding 10 CFR Part 20 
limits.
    Section X has been interpreted as a request for the Commission to 
investigate radiological contamination on the Farmers Delight Dairy 
Farm (apparently located in Parks Township). The apparent concern is 
that past operations of the Parks Townships facility caused radioactive 
contamination of the farm. As basis for this request, Intervenors 
assert that there is information in a 1966 U.S. Department of 
Agriculture (USDA) study that indicates that the cattle on the farm 
were having thyroid problems and that radionuclides were show-up in the 
cow's milk.
    As provided by Section 2.206, appropriate action will be taken on 
these two requests within a reasonable period of time.
    A copy of the Petition and Initial Decision is available for 
inspection in the Commission's Public Document Room, 2120 L Street, NW, 
Washington, DC 20555.

    Dated at Rockville, Maryland this 3rd day of March 1995.

    For the Nuclear Regulatory Commission.
Robert M. Bernero,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 95-6065 Filed 3-10-95; 8:45 am]
BILLING CODE 7590-01-M