[Federal Register Volume 69, Number 182 (Tuesday, September 21, 2004)]
[Notices]
[Pages 56462-56464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21149]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-184]


National Institute of Standards and Technology (NIST); Notice of 
Acceptance for Docketing of the Application and Notice of Opportunity 
for Hearing Regarding Renewal of the National Bureau of Standards 
Reactor (The NBSR) Facility Operating License No. TR-5 for an 
Additional 20-Year Period

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of Operating License No. TR-
5, which authorizes the National Institute of Standards and Technology 
(NIST), to operate the National Bureau of Standards Reactor (NBSR) at 
20 megawatts thermal power for an additional 20-year period beyond the 
period specified in the current operating license. The current 
operating license for the NBSR (TR-5) expired on May 16, 2004.
    On April 9, 2004, the Commission's staff received applications from 
NIST filed pursuant to 10 CFR 50.51(a), to renew the Operating License 
No. TR-5 for the NBSR. A Notice of Receipt and Availability of the 
license renewal application, ``National lnstitute of Standards and 
Technology (NIST) Notice of Receipt and Availability of Application for 
Renewal of the National lnstitute of Standards and Technology Reactor 
(the NBSR) Facility Operating License No. TR-5 for an Additional 20-
year Period,'' was published in the Federal Register on May 12, 2004 
(69 FR 26414). Because the license renewal application was timely filed 
under 10 CFR 2.109, the license will not be deemed to have expired 
until the license renewal application has been finally determined.
    The Commission's staff has determined that NIST has submitted 
sufficient information in accordance with 10 CFR 50.33 and 50.34 that 
is acceptable for docketing. The current Docket No. 50-184 for 
Operating License No. TR-5, will be retained. The docketing of the 
renewal application does not preclude requesting additional information 
as the review proceeds, nor does it predict whether the Commission will 
grant or deny the application.
    Before issuance of the requested renewed license, the NRC will have 
made the findings required by the Atomic Energy Act of 1954, as amended 
(the Act), and the Commission's rules and regulations. Additionally, in 
accordance with 10 CFR 51.20(b)(2), the NRC will prepare an 
environmental

[[Page 56463]]

impact statement that contains a statement of the license renewal 
purpose and a description of the environment that is affected. Pursuant 
to 10 CFR 51.26, and as part of the environmental scoping process, the 
staff intends to hold a public scoping meeting. Detailed information 
regarding this meeting will be included in a future Federal Register 
notice.
    Within 60 days after the date of publication of this Federal 
Register Notice, 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 renewal of the licensee. 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 2.309, which is available at the Commission's Public Document 
Room (PDR), located at One White Flint North, 11555 Rockville Pike 
(first floor), Rockville, Maryland 20852 and is accessible from the 
Agencywide Documents Access and Management System's (ADAMS) Public 
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to 
ADAMS or who encounter problems in accessing the documents located in 
ADAMS should contact the NRC's PDR reference staff at 1-800-397-4209, 
or by e-mail at [email protected]. If a request for a hearing or a petition 
for leave to intervene is filed within the 60-day period, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel will rule on the request and/or petition; and the Secretary or 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of a hearing or an appropriate order. In the event 
that no request for a hearing or petition for leave to intervene is 
filed within the 60-day period, the NRC may, upon completion of its 
evaluations and upon making the findings required under 10 CFR parts 50 
and 51, renew the license without further notice.
    As required by 10 CFR 2.309, 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 must specifically explain the reasons why 
intervention should be permitted with particular reference to the 
following factors: (1) The nature of the requestor's/petitioner's right 
under the Atomic Energy Act to be made a party to the proceeding; (2) 
the nature and extent of the requestor's/petitioner's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any decision or order which may be entered in the proceeding 
on the requestor's/petitioner's interest. The petition must also set 
forth the specific contentions which the petitioner/requestor seeks to 
have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases of 
each contention and a concise statement of the alleged facts or the 
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the requestor/petitioner is aware and on 
which the requestor/petitioner intends to rely to establish those facts 
or expert opinion. The requestor/petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact.\1\ Contentions shall be limited to 
matters within the scope of the action under consideration. The 
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
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    \1\ To the extent that the applications contain attachments and 
supporting documents that are not publically available because they 
are asserted to contain safeguards or proprietary information, 
petitioners desiring access to this information should contact the 
applicant or applicant's counsel and discuss the need for a 
protective order.
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    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns/issues relating to technical and/
or health and safety matters discussed or referenced in the applicant's 
safety analysis for the NBSR license renewal application.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the license 
renewal application.
    3. Miscellaneous--does not fall into one of the categories outlined 
above.
    As specified in 10 CFR 2.309, if two or more requestors/petitioners 
seek to co-sponsor a contention, the requestors/petitioners shall 
jointly designate a representative who shall have the authority to act 
for the requestors/petitioners with respect to that contention. If a 
requestor/petitioner seeks to adopt the contention of another 
sponsoring requestor/petitioner, the requestor/petitioner who seeks to 
adopt the contention must either agree that the sponsoring requestor/
petitioner shall act as the representative with respect to that 
contention, or jointly designate with the sponsoring requestor/
petitioner a representative who shall have the authority to act for the 
requestors/petitioners with respect to that contention.
    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 participate fully in the conduct 
of the hearing. A request for a hearing or a petition for leave to 
intervene must be filed by: (1) First class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; (2) courier, express mail, and expedited delivery 
services: Office of the Secretary, Sixteenth Floor, One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: 
Rulemaking and Adjudications Staff; (3) e-mail addressed to the Office 
of the Secretary, U.S. Nuclear Regulatory Commission, 
[email protected]; or (4) facsimile transmission addressed to the 
Office of the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC, Attention: Rulemakings and Adjudications Staff at 301-
415-1101, verification number is 301-415-1966. A copy of the request 
for hearing and petition for leave to intervene must also be sent to 
the Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, and 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 the 
licensee. The licensee's contact for this is Dr. Seymour H. Weiss, 
Chief, Reactor Operations and Engineering, Center for Neutron Research, 
National Institute of Standards and Technology, U.S.

[[Page 56464]]

Department of Commerce, 100 Bureau Drive, Gaithersburg, MD 20899.
    Nontimely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition, 
request and/or contentions should be granted based on a balancing of 
the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    Detailed guidance which the NRC uses to review applications for the 
renewal of non-power reactor licenses can be found in the document 
NUREG-1537, entitled ``Guidelines for Preparing and Reviewing 
Applications for the Licensing of Non-Power Reactors,'' can be obtained 
from the Commission's PDR. Copies of the application to renew the 
operating license for the NBSR are available for public inspection at 
the Commission's PDR, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland, 20855-2738, and on the NRC's 
Web page at http://www.nrc.gov/what-we-do/regulatory/adjudicatory/hearing-license-applications.html. The NRC maintains an Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The application also may be 
accessed through the NRC's Public Electronic Reading Room on the 
Internet at http://www.nrc.gov/reading-rm/adams.html under ADAMS 
accession number ML041120161. Persons who do not have access to ADAMS, 
or if there are problems in accessing the documents located in ADAMS, 
may contact the NRC Public Document Room Reference staff at 1-800-397-
4209, 301-415-4737, or by e-mail to [email protected].

    Dated at Rockville, Maryland, this 2nd day of September, 2004.

    For the Nuclear Regulatory Commission.
Patrick M. Madden,
Section Chief, Research and Test Reactors Section, New, Research and 
Test Reactors Program, Division of Regulatory Improvement Programs, 
Office of Nuclear Reactor Regulation.
[FR Doc. 04-21149 Filed 9-20-04; 8:45 am]
BILLING CODE 7590-01-P