[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Notices]
[Pages 50628-50630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25629]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-22]


Westinghouse Electric Corporation; Waltz Mill Test Reactor 
Consideration of Approval of Transfer of License and Issuance of a 
Conforming Amendment to Facility License, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order approving, under 10 CFR 50.80, the 
transfer of Facility License No. TR-2, to the extent now held by 
Westinghouse Electric Corporation, to a new corporate entity which will 
utilize the same name. The license authorizes possession of the shut 
down test reactor at the Waltz Mill site in Westmoreland County, 
Pennsylvania. The Commission is also considering the issuance of a 
conforming amendment under 10 CFR 50.90.
    The Westinghouse Electric Corporation, organized in 1886, is 
presently composed of industrial businesses and media operations 
(including the production and transmission of radio and television 
programming). It plans to reorganize into two separate corporations. 
One of these will retain certain assets and operations relating to the 
Westinghouse industrial businesses. This corporation will eventually 
retain the name Westinghouse Electric Corporation (WELCO). The license 
for the Waltz Mill Test Reactor will be held by this corporation.
    The other corporation will be named CBS corporation, and will 
include the media operations and those industrial businesses which are 
not being transferred to WELCO.
    Pursuant to 10 CFR 50.80, the Commission may approve the transfer 
of a license, or any right thereunder, after notice to interested 
persons. Such approval is contingent upon the Commission's 
determination that the proposed transferee is qualified to hold the 
license and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and orders of the Commission.
    Before issuance of the proposed license amendment which will 
reflect

[[Page 50629]]

the proposed license transfer, the Commission will have made findings 
required by the Atomic Energy Act of 1954, as amended (the Act) and the 
Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:
1. The proposed amendment would not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    The proposed amendment will transfer [SIC] the Westinghouse Test 
Reactor (``WTR facility'') license, a possession only license, from 
Westinghouse to WELCO. This amendment request is necessary because of a 
proposed transfer by Westinghouse of certain of its industrial 
businesses to a company to be known from and after the closing date of 
the transactions as WELCO. As a result of the transfer of these 
businesses, WELCO will be financially qualified to hold the WTR 
facility possession only license.
    Furthermore, WELCO employees will be technically qualified to carry 
out licensed activities. In connection with the pending transactions, 
current Westinghouse employees for the licensed WTR facility to be 
transferred will become WELCO employees and will continue to be 
responsible after the transfers to WELCO. The proposed amendment does 
not involve any changes in licensed activities which will continue in 
their current form without any interruptions of any kind resulting from 
the amendment.
    The proposed amendment does not require any physical change to the 
WTR facility or changes to Technical Specifications or procedures. The 
proposed change does not increase the probability of an accident 
previously evaluated because it does not affect any initiators in any 
of the previously evaluated accidents. The proposed change does not 
increase the consequences of any accident previously evaluated because 
it does not affect any of the items on which the consequences depend.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident previously 
evaluated.
2. Would not create the possibility of a new or different kind of 
accident from any accident previously evaluated.
    The proposed amendment does not modify the WTR facility 
configuration or licensed activities. Thus no new accident initiators 
are introduced. Therefore, the proposed amendment does not create the 
possibility of a new or different accident from any accident previously 
evaluated.
3. Would not involve a significant reduction in a margin of safety.
    This amendment request is necessary because of a proposed transfer 
of the WTR facility license from Westinghouse to WELCO. As a result of 
the transfer of these businesses, WELCO will be financially qualified 
to hold the WTR facility possession only license.
    WELCO will be technically qualified to carry out licensed 
activities. In connection with pending transactions, current 
Westinghouse employees responsible for the licensed WTR facility to be 
transferred will become WELCO employees and will continue to be 
responsible after the transfers to WELCO. The proposed amendment does 
not involve any changes in licensed activities which will continue in 
their current form without any interruptions of any kind resulting from 
the amendment.
    The proposed change does not alter any margin of safety because it 
does not involve any changes in the WTR facility or licensed activities 
which will continue in their current form without any interruptions of 
any kind resulting from the amendment.
    Therefore, the proposed amendment does not involve a significant 
reduction in a margin of safety.
    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 30 day notice period. However, the Commission may 
issue the license amendment before the expiration of the 30-day notice 
period, provided that its final determination is that the amendment 
involves no significant hazards consideration. The final determination 
will consider all public and State comments received before action is 
taken. Should the Commission take this action, it will publish in the 
Federal Register a notice of issuance and provide for opportunity for a 
hearing after issuance. The Commission expects that the need to take 
this action will occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rules 
Review and Directives Branch, Division of Freedom of Information and 
Publications Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and should cite the 
publication date and page number of this Federal Register notice. 
Written comments may also be delivered to Room 6-D22, Two White Flint 
North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 
4:15 p.m., Federal workdays. Copies of written comments received may be 
examined at the NRC Public Document Room, the Gelman Building, 2120 L 
Street NW., Washington, DC. The filing of requests for a hearing and 
petitions for leave to intervene is discussed below.
    By October 27, 1997, the licensee may file a request for a hearing 
with respect to the issuance of an order regarding the proposed 
transfer of the license and issuance of a conforming amendment to the 
subject license to reflect the transfer, 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 a 
petition for leave to intervene. Requests for a hearing and a petition 
for leave to intervene shall be filed in accordance with the 
Commissions'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. 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

[[Page 50630]]

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 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 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 
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 transfer approval or 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 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.
    If a hearing is requested with respect to the proposed amendment, 
the Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held.
    If a final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any such amendment.
    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 sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and to Lisa A. Campagna, Assistant General 
Counsel, Law Department, Westinghouse Electric Corporation, P.0. Box 
355, Pittsburgh, Pennsylvania 15230, 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 2.714(a)(1)(i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application dated August 18, 1997, regarding the transfer of license 
and amendment, and the letter dated August 15, 1997, from the licensee 
which are available for public inspection at the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.

    Dated at Rockville, Maryland, this 17th day of September 1997.

    For the Nuclear Regulatory Commission.
Seymour H. Weiss,
Director, Non-Power Reactors and Decommissioning Project Directorate, 
Division of Reactor Program Management, Office of Nuclear Reactor 
Regulation.
[FR Doc. 97-25629 Filed 9-25-97; 8:45 am]
BILLING CODE 7590-01-P