[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Notices]
[Page 51492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26010]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-59]
Texas A&M University; Notice of Consideration of Application for
Renewal of Facility License
The U.S. Nuclear Regulatory Commission (the Commission) is
considering renewal of Facility License No. R-23, issued to the Texas
A&M University for operation of the Texas A&M University AGN-201
reactor located on the Texas A&M campus in College Station, Texas.
This renewal would extend the expiration date of Facility License
No. R-23 for twenty years from date of issuance, in accordance with the
licensee's timely application for renewal dated July 22, 1997.
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 regulations.
Within thirty days of publication of this notice, 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 a petition for leave to
intervene. Requests for a hearing and a petition 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 20037. If a request for a
hearing or petition for leave to intervene is filed within the time
prescribed above, 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 rehearing
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 rehearing
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 intents 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 renewal 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 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
within the time prescribed above.
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 Ms. Susan Spinks, Office of the General Counsel,
John B. Connelly Building, 301 Tarrow, Sixth Floor, College Station,
Texas 77843-1230.
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 for renewal dated July 22, 1997, which is available for
public inspection at the Commission's Public Document Room at 2120 L
Street, NW, Washington, DC.
Dated at Rockville, Maryland, this 23rd 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. 97-26010 Filed 9-30-97; 8:45 am]
BILLING CODE 7590-01-P