[Federal Register Volume 65, Number 38 (Friday, February 25, 2000)]
[Notices]
[Page 10115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4463]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-607]


In the Matter of Department of the Air Force (McClellan Nuclear 
Radiation Center); Order Approving Transfer of License and Conforming 
Amendment

I

    The United States Air Force (USAF) is the owner of the McClellan 
Nuclear Radiation Center (MNRC) and is authorized to possess, use, and 
operate the facility as reflected in Operating License No. R-130. The 
Nuclear Regulatory Commission issued Operating License No. R-130 on 
August 13, 1998, pursuant to Part 50 of Title 10 of the Code of Federal 
Regulations (10 CFR Part 50). The facility is located on McClellan Air 
Force Base in Sacramento, California.

II

    By letters dated April 13, 1999, the USAF and the Regents of the 
University of California (University of California) each submitted an 
application requesting approval of the proposed transfer of Operating 
License No. R-130 from the USAF to the University of California. The 
University of California at Davis (UCD), part of the University of 
California, was proposed to be the actual operator of the facility. The 
application was supplemented by submittals dated July 19 and August 4, 
1999, and January 18 and 27, 2000. The initial application and the 
supplements are hereinafter collectively referred to as ``the 
application'' unless otherwise indicated.
    According to the application, the USAF has agreed to convey the 
MNRC to the University of California. After completion of the proposed 
license transfer, UCD would be the sole operator of the MNRC. The 
application also sought the approval of a conforming amendment. This 
conforming amendment is necessary to remove references to the USAF from 
the operating license and replace them with references to the UCD, as 
appropriate, as well as to make other miscellaneous administrative 
changes to the operating license to reflect the transfer.
    Under 10 CFR 50.80, no license for a production or utilization 
facility, or any right thereunder, shall be transferred, directly or 
indirectly, through transfer of control of the license, unless the 
Commission shall give its consent in writing. Upon review of the 
information in the application and other information before the 
Commission, the NRC staff has determined that the University of 
California is qualified to hold the license, and that the transfer of 
the license to the University of California is otherwise consistent 
with applicable provisions of law, regulations, and orders issued by 
the Commission. The NRC staff has further found that the application 
for the proposed license amendment complies with the standards and 
requirements of the Atomic Energy Act of 1954, as amended, and the 
Commission's rules and regulations set forth in 10 CFR Chapter I; the 
facility will operate in conformity with the application, the 
provisions of the Act, and the rules and regulations of the Commission; 
there is reasonable assurance that the activities authorized by the 
proposed license amendment can be conducted without endangering the 
health and safety of the public and that such activities will be 
conducted in compliance with the Commission's regulations; the issuance 
of the proposed license amendment will not be inimical to the common 
defense and security or to the health and safety of the public; and the 
issuance of the proposed amendment will be in accordance with 10 CFR 
Part 51 of the Commission's regulations and all applicable requirements 
have been satisfied. The foregoing findings are supported by a Safety 
Evaluation dated December 2, 1999.
    Accordingly, It is hereby ordered that the transfer of the license 
as described herein to the University of California is approved, 
subject to the following condition:
    Should the transfer of the license not be completed by June 30, 
2000, this Order shall become null and void, provided, however, on 
written application and for good cause shown, such date may in writing 
be extended.
    It is further ordered that, consistent with 10 CFR 2.1315(b), a 
license amendment that makes changes, as indicated in Enclosure 2 to 
the cover letter forwarding this Order, to conform the license to 
reflect the transfer is approved.
    This Order is effective upon issuance.

    Dated at Rockville, Maryland, this 1st day of February 2000.

    For the Nuclear Regulatory Commission.
David B. Matthews,
Director, Division of Regulatory Improvement Programs, Office of 
Nuclear Reactor Regulation.
[FR Doc. 00-4463 Filed 2-24-00; 8:45 am]
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