[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Notices]
[Page 51492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26010]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-59]


Texas A&M University; Notice of Consideration of Application for 
Renewal of Facility License

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering renewal of Facility License No. R-23, issued to the Texas 
A&M University for operation of the Texas A&M University AGN-201 
reactor located on the Texas A&M campus in College Station, Texas.
    This renewal would extend the expiration date of Facility License 
No. R-23 for twenty years from date of issuance, in accordance with the 
licensee's timely application for renewal dated July 22, 1997.
    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 regulations.
    Within thirty days of publication of this notice, the licensee may 
file a request for a hearing with respect to renewal of the subject 
facility 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 20037. If a request for a 
hearing or petition for leave to intervene is filed within the time 
prescribed above, 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 of 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 fifteen (15) days prior to the first rehearing 
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 rehearing 
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 intents 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 renewal 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 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 
within the time prescribed above.
    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 Ms. Susan Spinks, Office of the General Counsel, 
John B. Connelly Building, 301 Tarrow, Sixth Floor, College Station, 
Texas 77843-1230.
    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).
    For further details with respect to this action, see the 
application for renewal dated July 22, 1997, which is available for 
public inspection at the Commission's Public Document Room at 2120 L 
Street, NW, Washington, DC.

    Dated at Rockville, Maryland, this 23rd day of September 1997.

    For the Nuclear Regulatory Commission.
Seymour H. Weiss,
Director, Non-Power Reactors and Decommissioning Project Directorate, 
Division of Reactor Program Management, Office of Nuclear Reactor 
Regulation.
[FR Doc. 97-26010 Filed 9-30-97; 8:45 am]
BILLING CODE 7590-01-P