Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Notices 31353

CFR part 2. Interested persons should

consult a current copy of 10 CFR 2.714

which is available 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).

If a request for a 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.

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 which 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 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 the

petition without requesting leave of the

Board up to 15 days prior to the first

prehearing conference scheduled in the

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

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

amendment 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.

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

present evidence and cross-examine

witnesses.

A request for a hearing or a petition

for leave to intervene must be filed with

the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, Attention:

Rulemakings and Adjudications Staff, or

may be delivered to the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, by the above date. A

copy of the petition should also be sent

to the Office of the General Counsel,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001, and to

Arunas T. Udrys, Esquire, Consumers

Energy Company, 212 West Michigan

Avenue, Jackson, MI 49201, attorney for

the licensee.

Nontimely 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).

If a request for a hearing is received,

the Commission’s staff may issue the

amendment after it completes its

technical review and prior to the

completion of any required hearing if it

publishes a further notice for public

comment of its proposed finding of no

significant hazards consideration in

accordance with 10 CFR 50.91 and

50.92.

For further details with respect to this

action, see the application for

amendment dated April 27, 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 11th day

of May 2000.

For the Nuclear Regulatory Commission.

Darl S. Hood,

Senior Project Manager, Section 1, Project

Directorate III, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–12424 Filed 5–16–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Sunshine Act Meeting Notice

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission.

DATES: Weeks of May 15, 22, 29, June 5,

12, and 19, 2000.

PLACE: Commissioners’ Conference

Room, 11555 Rockville Pike, Rockville,

MD.

STATUS: Public and closed.

MATTERS TO BE CONSIDERED: 

Week of May 15

Tuesday, May 16

9:25 a.m. Affirmation Session (public

meeting) (if needed)

Week of May 22—Tentative

Thursday, May 25

8:30 a.m. Briefing on Operating

Reactors and Fuel Facilities (public

meeting) (Contact: Joe Shea, 301–

415–1727)

10:15 a.m. Briefing on Status of

Regional Programs, Performance

and Plans (public meeting)

(Contact: Joe Shea, 301–415–1727)

1:30 p.m. Briefing on Improvements to

2.206 Process (public meeting)

(Contact: Andrew Kugler, 301–415–

2828)

Week of May 29—Tentative

Tuesday, May 30

9:25 a.m. Affirmation Session (public

meeting) (if needed)

Week of June 5

There are no meetings scheduled for

the Week of June 5.

Week of June 12—Tentative

Tuesday, June 13

9:25 a.m. Affirmation Session (public

meeting) (if needed)

9:30 a.m. Meeting with Organization of

Agreement States (OAS) and

31354 Federal Register / Vol. 65, No. 96 / Wednesday, May 17, 2000 / Notices

Conference of Radiation Control

Program Directors (CRCPD) (public

meeting) (Contact: Paul Lohaus,

301–415–3340)

1 p.m. Meeting with Korean Peninsula

Energy Development Organization

(KEDO) and State Department

(public meeting) (Contact: Donna

Chaney, 301–415–2644)

Week of June 19—Tentative

Tuesday, June 20, 2000

9:25 a.m. Affirmation Session (public

meeting) (if needed)

9:30 a.m. Briefing on Final Rule—Part

70, Regulating Fuel Cycle Facilities

(public meeting)

1:30 p.m. Briefing on Risk-Informed

Part 50, Option 3 (public meeting)

The schedule for Commission

meetings is subject to change on short

notice. To verify the status of meetings

call (recording) (301) 415–1292.

CONTACT PERSON FOR MORE INFORMATION:

Bill Hill, (301) 415–1661.

The NRC Commission Meeting

Schedule can be found on the Internet

at: http://www.nrc.gov/SECY/smj/

schedule.htm

This notice is distributed by mail to

several hundred subscribers; if you no

longer wish to receive it, or would like

to be added to it, please contact the

Office of the Secretary, Attn: Operations

Branch, Washington, DC 20555 (301–

415–1661). In addition, distribution of

this meeting notice over the Internet

system is available. If you are interested

in receiving this Commission meeting

schedule electronically, please send an

electronic message to wmh@nrc.gov or

dkw@nrc.gov.

Dated: May 12, 2000.

William M. Hill, Jr.,

SECY Tracking Officer, Office of the

Secretary.

[FR Doc. 00–12505 Filed 5–15–00; 8:45 am]

BILLING CODE 7590–01–M

NUCLEAR REGULATORY

COMMISSION

Biweekly Notice; Applications and

Amendments to Facility Operating

Licenses Involving No Significant

Hazards Considerations

I. Background

Pursuant to Public Law 97–415, the

U.S. Nuclear Regulatory Commission

(the Commission or NRC staff) is

publishing this regular biweekly notice.

Public Law 97–415 revised section 189

of the Atomic Energy Act of 1954, as

amended (the Act), to require the

Commission to publish notice of any

amendments issued, or proposed to be

issued, under a new provision of section

189 of the Act. This provision grants the

Commission the authority to issue and

make immediately effective any

amendment to an operating license

upon a determination by the

Commission that such amendment

involves no significant hazards

consideration, notwithstanding the

pendency before the Commission of a

request for a hearing from any person.

This biweekly notice includes all

notices of amendments issued, or

proposed to be issued from April 22,

2000, through May 5, 2000. The last

biweekly notice was published on May

3, 2000 (65 FR 25761).

Notice of Consideration of Issuance of

Amendments to Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The Commission has made a

proposed determination that the

following amendment requests involve

no significant hazards consideration.

Under the Commission’s regulations in

10 CFR 50.92, this means that operation

of the facility in accordance with the

proposed amendment would not: (1)

Involve a significant increase in the

probability or consequences of an

accident previously evaluated; (2) create

the possibility of a new or different kind

of accident from any accident

previously evaluated; or (3) involve a

significant reduction in a margin of

safety. The basis for this proposed

determination for each amendment

request is shown below.

The Commission is seeking public

comments on this proposed

determination. Any comments received

within 30 days after the date of

publication of this notice will be

considered in making any final

determination.

Normally, the Commission will not

issue the amendment until the

expiration of the 30-day notice period.

However, should circumstances change

during the notice period such that

failure to act in a timely way would

result, for example, in derating or

shutdown of the facility, the

Commission may issue the license

amendment before the expiration of the

30-day notice period, provided that its

final determination is that the

amendment involves no significant

hazards consideration. The final

determination will consider all public

and State comments received before

action is taken. Should the Commission

take this action, it will publish in the

Federal Register a notice of issuance

and provide for opportunity for a

hearing after issuance. The Commission

expects that the need to take this action

will occur very infrequently.

Written comments may be submitted

by mail to the Chief, Rules Review and

Directives Branch, Division of Freedom

of Information and Publications

Services, Office of Administration, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, and

should cite the publication date and

page number of this Federal Register

notice. Written comments may also be

delivered to Room 6D22, Two White

Flint North, 11545 Rockville Pike,

Rockville, Maryland from 7:30 a.m. to

4:15 p.m. Federal workdays. Copies of

written comments received may be

examined at the NRC Public Document

Room, the Gelman Building, 2120 L

Street, NW., Washington, DC. The filing

of requests for a hearing and petitions

for leave to intervene is discussed

below.

By June 16, 2000, the licensee may

file a request for a hearing with respect

to issuance of the amendment to the

subject facility operating license 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. 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 2.714

which is available at the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC, and electronically

from the ADAMS Public Library

component on the NRC Web site, http:/

/www.nrc.gov (the Electronic Reading

Room). If a request for a 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 a hearing or an appropriate

order.

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