[Federal Register Volume 67, Number 124 (Thursday, June 27, 2002)]
[Notices]
[Pages 43358-43359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16244]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-25]


Foster Wheeler Environmental Corporation, Idaho Spent Fuel 
Facility; Notice of Docketing, Notice of Consideration of Issuance, and 
Notice of Opportunity for a Hearing for a Materials License for the 
Idaho Spent Fuel Facility

    The Nuclear Regulatory Commission (NRC or Commission) is 
considering an application dated November 19, 2001, for a materials 
license under the provisions of 10 CFR part 72, from Foster Wheeler 
Environmental Corporation (the applicant or FWENC) for the receipt, 
possession, storage and transfer of spent fuel and other radioactive 
materials associated with spent fuel at its proposed Idaho Spent Fuel 
Facility, an independent spent fuel storage installation (ISFSI), to be 
located on the Idaho National Engineering and Environmental Laboratory 
site in Butte County, Idaho. If granted, the license will authorize the 
applicant to store spent fuel in a dry storage system at the 
applicant's Idaho Spent Fuel Facility site. Pursuant to the provisions 
of 10 CFR part 72, the term of the license for the ISFSI would be 
twenty (20) years.
    This application was docketed under 10 CFR part 72; the ISFSI 
Docket No. is 72-25.
    Prior to issuance of the requested license, the Commission will 
have made the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations. The issuance of 
the materials license will not be approved until the NRC has reviewed 
the application and has concluded that approval of the license will not 
be inimical to the common defense and security and will not constitute 
an unreasonable risk to the health and safety of the public. The NRC 
will complete an environmental impact statement in accordance with 10 
CFR part 51. This action will be the subject of a subsequent notice in 
the Federal Register.
    By thirty (30) days from the date of publication of this notice in 
the Federal Register, the applicant may file a request for a hearing; 
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 
with respect to the subject materials license. Requests for a hearing 
and petitions 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 \1\, which is available at the 
Commission's Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland, or 
electronically on the Internet at the NRC Web site http://www.nrc.gov/reading-rm/doc-collections/cfr. If there are problems in accessing the 
document, contact the PDR Reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected]. If a request for 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 Board will issue a notice of hearing or an 
appropriate order. In the event that no request for hearing or petition 
for leave to intervene is filed by the above date, the NRC may, upon 
satisfactory completion of all required evaluations, issue the 
materials license without further prior notice.
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    \1\ The most recent version of Title 10 of the Code of Federal 
Regulations, published January 1, 2002, inadvertently omitted the 
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2), 
regarding petitions to intervene and contentions. Those provisions 
are extant and still applicable to petitions to intervene. Those 
provisions are as follows: ``In all other circumstances, such ruling 
body or officer shall, in ruling on--
    (1) A petition for leave to intervene or a request for a 
hearing, consider the following factors, among other things:
    (i) The nature of the petitioner's right under the Act to be 
made a party to the proceeding.
    (ii) The nature and extent of the petitioner's property, 
financial, or other interest in the proceeding.
    (iii) The possible effect of any order that may be entered in 
the proceeding on the petitioner's interest.
    (2) The admissibility of a contention, refuse to admit a 
contention if:
    (i) The contention and supporting material fail to satisfy the 
requirements of paragraph (b)(2) of this section; or
    (ii) The contention, if proven, would be of no consequence in 
the proceeding because it would not entitle petitioner to relief.''
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    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 that 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 the 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 a petition, without requesting leave of 
the Atomic Safety and Licensing Board up to 15 days prior to the 
holding of the first pre-hearing 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 pre-hearing 
conference scheduled in the proceeding, a petitioner shall file a 
supplement to the petition to intervene which must include a list of 
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 action 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.

[[Page 43359]]

    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.
    A request for a hearing or petition for leave to intervene must be 
filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Document Control Desk or 
may be delivered to the Commission's Public Document Room, One White 
Flint North Building, 11555 Rockville Pike, Rockville, MD, by the above 
date. Because of continuing disruptions in delivery of mail to United 
States Government offices, it is requested that petitions for leave to 
intervene and requests for hearing be transmitted to the Secretary of 
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected]. A copy of the request for 
hearing and petition for leave to intervene should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and because of continuing disruptions in delivery 
of mail to United States Government offices, it is requested that 
copies be transmitted either by means of facsimile transmission to 301-
415-3725 or by e-mail to [email protected]. A copy of the request 
for hearing and petition for leave to intervene should also be sent to 
Mr. Donald I. Rogers, Jr., Executive Vice President and Chief Operating 
Officer, Foster Wheeler Environmental Corporation, 1000 The American 
Road, Morris Plains, NJ 07950. Where petitions are filed during the 
last ten (10) days of the notice period, it is requested that the 
petitioner promptly so inform the NRC by a toll-free telephone call 
(800-368-5642 Extension 415-8500) to E. William Brach, Director, Spent 
Fuel Project Office, Office of Nuclear Material Safety and Safeguards, 
with the following message: petitioner's name and telephone number; 
date petition was mailed; facility name; and publication date and page 
number of this Federal Register notice.
    Non-timely 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 application, see the 
application dated November 19, 2001, which is available for public 
inspection at the Commission's Public Document Room, One White Flint 
North Building, 11555 Rockville Pike, Rockville, MD or from the 
publicly available records component of NRC's document system (ADAMS). 
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). Persons who 
do not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC PDR Reference staff 
by telephone at 1-800-397-4209, 301-415-4737 or by e-mail to 
[email protected].

    Dated at Rockville, Maryland, this 18th day of June, 2002.

    For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 02-16244 Filed 6-26-02; 8:45 am]
BILLING CODE 7590-01-P