3258 Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Notices

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 hearing and

petitions for leave to intervene is

discussed below.

By February 22, 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 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 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.

If a hearing is requested, the

Commission will make a final

determination on the issue of no

significant hazards consideration. The

final determination will serve to decide

when the hearing is held.

If the final determination is that the

amendment request involves no

significant hazards consideration, the

Commission may issue the amendment

and make it immediately effective,

notwithstanding the request for a

hearing. Any hearing held would take

place after issuance of the amendment.

If the final determination is that the

amendment request involves a

significant hazards consideration, any

hearing held would take place before

the issuance of any amendment.

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 Mr.

Brent L. Brandenburg, Assistant General

Counsel, Consolidated Edison Company

of New York, Inc., 4 Irving Place—1822,

New York, NY 10003, 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.

For further details with respect to this

action, see the application for

amendment dated November 18, 1999,

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 13th day

of January 2000.

For the Nuclear Regulatory Commission.

Jefferey F. Harold,

Project Manager, Section 1, Project

Directorate I, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–1303 Filed 1–19–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Molycorp, Inc.; Designation of

Presiding Officer

[Docket No. 40–8778–MLA–2; ASLBP No.

00–775–03–MLA]

Pursuant to delegation by the

Commission, see 37 FR 28,710 (Dec. 29,

1972), and the Commission’s

regulations, see 10 CFR 2.1201, 2.1207,

notice is hereby given that (1) a single

member of the Atomic Safety and

Licensing Board Panel is designated as

Presiding Officer to rule on petitions for

leave to intervene and/or requests for

hearing; and (2) upon making the

requisite findings in accordance with 10

CFR § 2.1205(h), the Presiding Officer

will conduct an adjudicatory hearing in

the following proceeding:

Federal Register / Vol. 65, No. 13 / Thursday, January 20, 2000 / Notices 3259

Molycorp, Inc., Washington,

Pennsylvania

This proceeding, which will be

conducted pursuant to 10 CFR Part 2,

subpart L, of the Commission’s

Regulations, ‘‘Informal Hearing

Procedures for Adjudications in

Materials and Operator Licensing

Proceedings,’’ concerns a request for

hearing submitted by Canton Township,

Pennsylvania. The request was filed in

response to a notice of consideration by

the Nuclear Regulatory Commission

staff of a request by Molycorp, Inc., to

amend its 10 CFR part 40 source

material license to authorize

decommissioning of its former

processing facility in Washington,

Pennsylvania. The notice of

consideration of the application and

opportunity for hearing was published

in the Federal Register at 64 FR 62,227

(Nov. 16, 1999).

The Presiding Officer in this

proceeding is Administrative Judge

Charles Bechhoefer. Pursuant to the

provisions of 10 CFR 2.722, 2.1209,

Administrative Judge Richard F. Cole

has been appointed to assist the

Presiding Officer in taking evidence and

in preparing a suitable record for

review.

All correspondence, documents, and

other materials shall be filed with Judge

Bechhoefer and Judge Cole in

accordance with 10 CFR 2.1203. Their

addresses are:

Administrative Judge Charles

Bechhoefer, Presiding Officer, Atomic

Safety and Licensing Board Panel,

U.S. Nuclear Regulatory Commission,

Washington, D.C. 20555–0001

Dr. Richard F. Cole, Special Assistant,

Atomic Safety and Licensing Board

Panel, U.S. Nuclear Regulatory

Commission, Washington, D.C.

20555–0001

This designation of presiding officer

is issued pursuant to the authority of the

Chief Administrative Judge of the

Atomic Safety and Licensing Board

Panel.

Issued at Rockville, Maryland, this 13th

day of January 2000.

G. Paul Bollwerk, III,

Chief Administrative Judge, Atomic Safety

and Licensing Board Panel.

[FR Doc. 00–1299 Filed 1–19–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Sunshine Act Meeting; Notice

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission.

DATE: Wednesday, January 26.

PLACE: Commissioners’ Conference

Room, 11555 Rockville Pike, Rockville,

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED: 

Wednesday, January 26

9:25 a.m. Affirmation Session (Public

Meeting) (if needed)

9:30 a.m. Briefing on Status of NMSS

Programs, Performance, and Plans

(Public Meeting) (Contact: Claudia

Seelig, 301–415–7243)

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, D.C. 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: January 18, 2000.

William M. Hill, Jr.,

SECY Tracking Officer, Office of the

Secretary.

[FR Doc. 00–1573 Filed 1–18–00; 3:54 pm]

BILLING CODE 7590–01–M

NUCLEAR REGULATORY

COMMISSION

NUREG–1717, Systematic Radiological

Assessment of Exemptions for Source

and Byproduct Materials

The Nuclear Regulatory Commission

has issued draft NUREG–1717,

‘‘Systematic Radiological Assessment of

Exemptions for Source and Byproduct

Materials.’’ This report is an assessment

of potential radiation doses associated

with the current exemptions for

byproduct and source material in Title

10, of the Code of Federal Regulations

(CFR). Doses were estimated for the

normal life cycle of a particular product

or material, covering distribution and

transport, intended or expected routine

use, and disposal using dose assessment

methods consistent with the current

requirements in 10 CFR Part 20. In

addition, assessments of potential doses

due to accidents and misuse were

estimated. Also presented is an

assessment of potential radiological

impacts associated with selected

products containing byproduct material

that currently may only be used under

a general license and may be potential

candidates for exemption from licensing

requirements.

Licensees, Agreement States and all

other interested parties are encouraged

to submit comments and relevant data

on this report. Comments and

suggestions on this NUREG should be

submitted by June 30, 2000, to assist the

staff in developing the final NUREG–

1717. Comments may be submitted in

writing directly to David L. Meyer,

Chief, Rules and Directives Branch,

Office of Administration, U.S. Nuclear

Regulatory Commission, T–6 D–59,

Washington, DC 20555–0001, or handdelivered to 11545 Rockville Pike,

Rockville, MD between 7:30 a.m. and

4:15 p.m. on Federal workdays.

Comments may also be submitted while

viewing this report on the Internet at the

following URL: http://www.nrc.gov/

NRC/NUREGS/SR1717/DRAFT/

index.html.

Issued NUREGs may be purchased

from both the Government Printing

Office (GPO) and the National Technical

Information Service (NTIS). Details on

this service may be obtained by writing

either the GPO at The Superintendent of

Documents, U.S. Government Printing

Office, P.O. Box 37082, Washington, DC

20402–9328 or the NTIS, 5285 Port

Royal Road, Springfield, VA 22161.

NUREGs are not copyrighted, and

Commission approval is not required to

reproduce them.

Dated at Rockville, Maryland, this 11th day

of January 2000.

For the Nuclear Regulatory Commission.

Thomas L. King,

Director, Division of Risk Analysis and

Applications, Office of Nuclear Regulatory

Research.

[FR Doc. 00–1302 Filed 1–19–00; 8:45 am]

BILLIING CODE 7590–01–P