[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43816-43817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12465]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-188]


Kansas State University; Notice of Acceptance for Docketing of 
the Application and Notice of Opportunity for Hearing Regarding Renewal 
of Kansas State University Nuclear Reactor Facility License No. R-88 
for an Additional 20-Year Period

    The Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of Facility License No. R-
88, which authorizes the Kansas State University (KSU) (the licensee) 
to operate the TRIGA Mark II Nuclear Reactor Facility at 1,250 
kilowatts thermal power. The renewed license would authorize the 
applicant to operate the KSU Research Reactor for an additional 20 
years beyond the period specified in the current license. The current 
license for the KSU Research Reactor expired on October 16, 2002.
    On September 12, 2002, as supplemented on December 22, 2004, July 
6, 2005, March 20 and March 30, 2006, the Commission's staff received 
an application from KSU filed pursuant to 10 CFR 50.51(a), to renew 
Facility License No. R-88 for the KSU Research Reactor. A Notice of 
Receipt and Availability of the license renewal application, ``Notice 
of License Renewal Application for Facility Operating License; Kansas 
State University,'' was published in the Federal Register on October 
11, 2002 (67 FR 63457). 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 KSU has submitted 
sufficient information in accordance with 10 CFR 50.33 and 50.34 that 
the application is acceptable for docketing. The current Docket No. 50-
188 for Facility License No. R-88, 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. 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 rules and regulations.
    Within sixty (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 license. 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 Agency Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr. Persons who do not have access to the NRC Web site or 
who encounter problems in accessing the documents located in the 
Electronic Reading Room 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

[[Page 43817]]

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 the particular 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 publicly 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 KSU Research Reactor 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. 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 Mr. P. Michael Whaley, Nuclear Reactor 
Manager, Kansas State University, 112 Ward Hall, Manhattan, KS 66506-
2506.
    Non-timely 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. The NRC maintains an Agencywide Documents 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. The detailed review guidance (NUREG-
1537) 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 ML042430055 for part one and ML042430048 for 
part two. Copies of the application to renew the facility license for 
the KSU Research Reactor 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. The initial 
application also may be accessed through the NRC's Public Electronic 
Reading Room, at the address mentioned above, under ADAMS accession 
number ML022630083. The revised application may be accessed under ADAMS 
accession numbers ML052620181, ML061010264, and ML061640340. 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 5th day of July, 2006.

    For the Nuclear Regulatory Commission.
Brian E. Thomas,
Chief, Research and Test Reactor Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
 [FR Doc. E6-12465 Filed 8-1-06; 8:45 am]
BILLING CODE 7590-01-P