Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Notices 41099

fedworld.gov (Telnet). The document

will be available on the bulletin board

for 30 days after the signature date of

this notice. If assistance is needed in

accessing the document, please contact

the FedWorld help desk at (703) 487–

4608. Additional assistance in locating

the document is available from the NRC

Public Document Room, nationally at 1–

800–397–4209, or within the

Washington, DC area at (202) 634–3273.

Comments and questions may be

directed to the OMB reviewer by

September 2, 1997: Edward Michlovich,

Office of Information and Regulatory

Affairs (3150–0163), NEOB–10202,

Office of Management and Budget,

Washington, DC 20503.

Comments can also be submitted by

telephone at (202) 395–3084.

The NRC Clearance Officer is Brenda

Jo. Shelton, (301) 415–7233.

Dated at Rockville, Maryland, this 24th day

of July, 1997.

For the Nuclear Regulatory Commission.

Arnold E. Levin,

Acting Designated Senior Official for

Information Resources Management.

[FR Doc. 97–20187 Filed 7–30–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 72–22]

Private Fuel Storage, Limited Liability

Company; Notice of Consideration of

Issuance of a Materials License for the

Storage of Spent Fuel and Notice of

Opportunity for a Hearing

The Nuclear Regulatory Commission

is considering an application dated June

20, 1997, for a materials license, under

the provisions of 10 CFR part 72, from

Private Fuel Storage, Limited Liability

Company (the applicant or PFS) to

possess spent fuel and other radioactive

materials associated with spent fuel

storage in an independent spent fuel

storage installation (ISFSI) located on

the Skull Valley Goshute Indian

Reservation in Skull Valley, Utah. If

granted, the license will authorize the

applicant to store spent fuel in dry

storage cask systems at the ISFSI which

the applicant proposes to construct and

operate on the Skull Valley Goshute

Indian Reservation. Pursuant to the

provisions of 10 CFR part 72, the term

of the license for the ISFSI would be

twenty (20) years.

Prior to issuance of the requested

license, the NRC will have made the

findings required by the Atomic Energy

Act of 1954, as amended (the Act), and

the NRC’s rules and regulations. The

issuance of the materials license will

not be approved until the NRC has

reviewed the application and has

concluded that approval of the license

will not be inimical to the common

defense and security and will not

constitute an unreasonable risk to

public health and safety. The NRC, in

accordance with 10 CFR 51.20(b)(9),

will complete an environmental impact

statement. This action will be the

subject of a subsequent notice in the

Federal Register. Pursuant to 10 CFR

2.105, by September 15, 1997, 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

subject materials license in accordance

with the provisions of 10 CFR 2.714. If

a request for hearing or petition for

leave to intervene is filed by the above

date, 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. In the event that no request for

hearing or petition for leave to intervene

is filed by the above date, the NRC may,

upon satisfactory completion of all

required evaluations, issue the materials

license without further prior notice.

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 that 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 a

petition, without requesting leave of the

Board, up to 15 days prior to the

holding of the first pre-hearing

conference scheduled in the proceeding,

but such an amended petition must

satisfy the specificity requirements

described above.

Not later than fifteen (15) days prior

to the first pre-hearing conference

scheduled in the proceeding, a

petitioner shall file a supplement to the

petition to intervene which must

include a list of 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 action

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.

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, Attention:

Docketing and Services Branch, or may

be delivered to the Commission’s Public

Document Room, Gelman Building,

2120 L Street, NW, Washington, DC, by

the above date. Where petitions are filed

during the last ten (10) days of the

notice period, it is requested that the

petitioner promptly so inform the NRC

by a toll-free telephone call to Western

Union at 1–(800) 248–5100 (in Missouri

1–(800) 342–6700). The Western Union

operator should be given Datagram

Identification Number N1023 and the

following message addressed to Mr.

William F. Kane, Director, Spent Fuel

Project Office, Office of Nuclear

Material Safety and Safeguards;

petitioner’s name and telephone

number; date petition was mailed;

facility name; and publication date and
41100 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Notices

page number of this Federal Register

notice. A copy of the petition should

also be sent to the Office of the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

and to Mr. Jay Silberg, P.C., Shaw,

Pittman, Potts, & Trowbridge, 2300 N

Street, NW, Washington, DC 20037–

8007.

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 Atomic Safety and Licensing Board

designated to rule on the petition and/

or request, 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).

For further details with respect to this

action, see the application dated June

20, 1997, which is available for public

inspection at the Commission’s Public

Document Room, 2120 L Street, NW,

Washington, DC 20555. The

Commission’s license and safety

evaluation report, when issued, may be

inspected at the above location.

Dated at Rockville, Maryland, this 21st day

of July 1997.

For the U.S. Nuclear Regulatory

Commission.

William F. Kane,

Director, Spent Fuel Project Office, Office of

Nuclear Material Safety and Safeguards.

[FR Doc. 97–20184 Filed 7–30–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket 70–7002]

Notice of Amendment to Certificate of

Compliance GDP–2 for the U.S.

Enrichment Corporation Portsmouth

Gaseous Diffusion Plant Portsmouth,

Ohio

The Director, Office of Nuclear

Material Safety and Safeguards, has

made a determination that the following

amendment request is not significant in

accordance with 10 CFR 76.45. In

making that determination the staff

concluded that (1) there is no change in

the types or significant increase in the

amounts of any effluents that may be

released offsite; (2) there is no

significant increase in individual or

cumulative occupational radiation

exposure; (3) there is no significant

construction impact; (4) there is no

significant increase in the potential for,

or radiological or chemical

consequences from, previously analyzed

accidents; (5) the proposed changes do

not result in the possibility of a new or

different kind of accident; (6) there is no

significant reduction in any margin of

safety; and (7) the proposed changes

will not result in an overall decrease in

the effectiveness of the plant’s safety,

safeguards or security programs. The

basis for this determination for the

amendment request is shown below.

The NRC staff has reviewed the

certificate amendment application and

concluded that it provides reasonable

assurance of adequate safety, safeguards,

and security, and compliance with NRC

requirements. Therefore, the Director,

Office of Nuclear Material Safety and

Safeguards, is prepared to issue an

amendment to the Certificate of

Compliance for the Portsmouth Gaseous

Diffusion Plant. The staff has prepared

a Compliance Evaluation Report which

provides details of the staff’s evaluation.

The NRC staff has determined that

this amendment satisfies the criteria for

a categorical exclusion in accordance

with 10 CFR 51.22. Therefore, pursuant

to 10 CFR 51.22(b), no environmental

impact statement or environmental

assessment need be prepared for this

amendment.

USEC or any person whose interest

may be affected may file a petition, not

exceeding 30 pages, requesting review

of the Director’s Decision. The petition

must be filed with the Commission not

later than 15 days after publication of

this Federal Register Notice. A petition

for review of the Director’s Decision

shall set forth with particularity the

interest of the petitioner and how that

interest may be affected by the results of

the decision. The petition should

specifically explain the reasons why

review of the Decision should be

permitted with particular reference to

the following factors: (1) The interest of

the petitioner; (2) how that interest may

be affected by the Decision, including

the reasons why the petitioner should

be permitted a review of the Decision;

and (3) the petitioner’s areas of concern

about the activity that is the subject

matter of the Decision. Any person

described in this paragraph (USEC or

any person who filed a petition) may

file a response to any petition for

review, not to exceed 30 pages, within

10 days after filing of the petition. If no

petition is received within the

designated 15-day period, the Director

will issue the final amendment to the

Certificate of Compliance without

further delay. If a petition for review is

received, the decision on the

amendment application will become

final in 60 days, unless the Commission

grants the petition for review or

otherwise acts within 60 days after

publication of this Federal Register

Notice.

A petition for review 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.

For further details with respect to the

action see (1) the application for

amendment and (2) the Commission’s

Compliance Evaluation Report. These

items are available for public inspection

at the Commission’s Public Document

Room, the Gelman Building, 2120 L

Street, NW, Washington, DC, and at the

Local Public Document Room.

Date of amendment request: April 28,

1997

Brief description of amendment: The

proposed amendment corrects a

typographical error contained in

Technical Safety Requirement 2.6.4.2

entitled ‘‘Air Gaps’’ by revising

Surveillance Requirement 2.6.4.2.1 from

‘‘Verify and document the pressure of

air gaps required by NCSAs’’ to ‘‘Verify

and document the presence of air gaps

required by NCSAs.’’

Basis for Finding of No Significance

1. The proposed amendment will not

result in a change in the types or

significant increase in the amounts of

any effluents that may be released

offsite.

The amendment corrects a

typographical error in the surveillance

requirement of Technical Safety

Requirement 2.6.4.2 by replacing the

word ‘‘pressure’’ with ‘‘presence.’’ As

such, the proposed amendment will not

result in a change in the types or

significant increase in the amounts of

any effluents that may be released

offsite.

2. The proposed amendment will not

result in a significant increase in

individual or cumulative occupational

radiation exposure.

The proposed amendment will not

increase radiation exposure.

3. The proposed amendment will not

result in a significant construction

impact.

The proposed amendment will not

result in any construction, therefore,

there will be no construction impacts.

4. The proposed amendment will not

result in a significant increase in the

potential for, or radiological or chemical

consequences from, previously analyzed

accidents.

The proposed change involves

correction of a typographical error. As

such, it does not affect the potential for,