[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