[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Notices]
[Page 10841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4756]



[[Page 10841]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-22]


CBS Corporation, Test Reactor at Waltz Mill, PA; Notice of 
Consideration of Approval of Transfer of Facility License and 
Conforming Amendment and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility License No. TR-2 currently held by CBS Corporation 
(CBS) as the owner and responsible licensee. The facility is presently 
being decommissioned in accordance with a decommissioning plan approved 
by the Commission. The transfer would be to Viacom Inc. (Viacom) in 
connection with a proposed merger of CBS with and into Viacom. 
Alternatively, the transfer may be to a subsidiary of Viacom, Viacom/
CBS LLC, depending upon certain rulings by other governmental agencies. 
The Commission is also considering amending the license for 
administrative purposes to reflect the proposed transfer. The facility 
is located near Waltz Mill in Westmoreland County, Pennsylvania.
    According to an application for approval filed by CBS, following 
approval of the proposed transfer of the license, Viacom would become 
responsible for decommissioning the facility and terminating the 
license. There will be no effective change in the personnel who are 
responsible for completion of the TR-2 License decommissioning effort 
as described in the TR-2 Decommissioning Plan.
    The proposed amendment would replace references to CBS in the 
license with references to Viacom and make other changes for 
administrative purposes to reflect the proposed transfer.
    Pursuant to 10 CFR 50.80, no license, 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. The Commission will approve an application for the transfer of 
a license if the Commission determines 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 
issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming license amendment, the 
Commission will have findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    By March 30, 2000, any person whose interest may be affected by the 
Commission's action on the application may request a hearing and, if 
not, the applicant may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR Part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In addition, an 
untimely request or petition should address the factors that the 
Commission will also consider, in reviewing untimely requests or 
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon: Barton Z. Cowan, Esq., Eckert Seamans Cherin & Mellott, 
LLC, 600 Grant Street, 44th Floor, Pittsburgh, PA. 15219; the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555 (e-
mail address for filings regarding license transfer cases only: 
[email protected]); and the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.1313.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, by April 10, 2000, persons may submit written comments 
regarding the license transfer application, as provided for in 10 CFR 
2.1305. The Commission will consider and, if appropriate, respond to 
these comments, but such comments will not otherwise constitute part of 
the decisional record. Comments should be submitted to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff, and should cite the 
publication date and page number of the Federal Register notice.
    For further details with respect to this action, see the 
application dated February 14, 2000, which is available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web site http://www.nrc.gov.

    Dated at Rockville, Maryland this 23rd day of February 2000.

    For the Nuclear Regulatory Commission.
Theodore S. Michaels,
Senior Project Manager, Events Assessment, Generic Communications and 
Non-Power Reactors Branch, Division of Regulatory Improvement Programs, 
Office of Nuclear Reactor Regulation.
[FR Doc. 00-4756 Filed 2-28-00; 8:45 am]
BILLING CODE 7590-01-P