47226 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Notices

Radiation Safety Officer; and (4)

development of license applications,

procedures, and policies to meet license

requirements, providing training to meet

license requirements, and providing

professional services to meet license

requirements. NRC-licensed activities

are those activities that are conducted

pursuant to a specific or general NRC

license, including, but not limited to,

those activities of Agreement State

licensees conducted in areas of NRC

jurisdiction pursuant to the authority

granted by 10 CFR 150.20.

3. For those facilities, other than

Newark Medical Associates, P.A., where

Dr. Ben-Haim was involved in NRClicensed activities as of July 31, 1997,

Dr. Ben-Haim must: (1) Immediately

cease such activities; (2) inform the NRC

of the name, address and telephone

number of the NRC-licensed entities

where the activities were being

conducted; and (3) provide a copy of

this order to all such NRC-licensed

entities within five business days of any

ruling by an NRC Atomic Safety and

Licensing Board upholding the

immediate effectiveness of this

requirement of this Order or, if Dr. BenHaim does not challenge the immediate

effectiveness of this Order, within five

business days of the termination of the

time to request a hearing in Section VI

of this Order.

4. For those facilities, other than

Newark Medical Associates, P.A., where

Dr. Ben-Haim was involved in NRClicensed activities for the period

beginning three years prior to the date

of this Order, Dr. Ben-Haim must,

within 30 days of the date of this Order,

inform the NRC of the name, address

and telephone number of the NRClicensed entities where those activities

were conducted.

5. For the five years immediately

following the five year prohibition in

paragraph V.2, the first time that Dr.

Ben-Haim is employed or involved in

NRC-licensed activities following the

five year prohibition, he shall notify the

Director, Office of Enforcement, at the

address in Section VI below, within 20

days of engaging in NRC-licensed

activities, including activities under an

Agreement State license when activities

under that license are conducted in

areas of NRC jurisdiction pursuant to 10

CFR 150.20. This notice shall include

the name, address, and telephone

number of the NRC or Agreement State

licensee and the location where licensed

activities will be performed; and shall

include a statement as to why the NRC

should have confidence that Dr. BenHaim will not, in the future, commit

deliberate violations of Commission

requirements.

The Director, Office of Enforcement,

may, in writing, relax or rescind any of

the above conditions upon

demonstration by the licensee of good

cause.

VI

In accordance with 10 CFR 2.202, Dr.

Ben-Haim must, and any other person

adversely affected by this Order may,

submit an answer to this Order and may

request a hearing on this Order, on or

before September 19, 1997. Where good

cause is shown, consideration will be

given to extending the time to request a

hearing. A request for extension of time

must be made in writing to the Director,

Office of Enforcement, U.S. Nuclear

Regulatory Commission, Washington,

D.C. 20555, and include a statement of

good cause for the extension. Dr. BenHaim may consent to this Order. Unless

Dr. Ben-Haim consents to this Order, Dr.

Ben-Haim shall, in writing and under

oath or affirmation, specifically admit or

deny each allegation or charge made in

this Order and shall set forth the matters

of fact and law on which Dr. Ben-Haim

or other person adversely affected relies

and the reasons as to why the Order

should not have been issued. Any

answer or request for a hearing shall be

submitted to the Atomic Safety and

Licensing Board appointed to preside in

this proceeding. Copies shall also be

sent to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, to

the Assistant General Counsel for

Hearings and Enforcement at the same

address, to the Regional Administrator,

NRC Region I, 475 Allendale Road, King

of Prussia, Pennsylvania 19406, and to

Dr. Ben-Haim if the answer or hearing

request is by a person other than Dr.

Ben-Haim. If a person other than Dr.

Ben-Haim requests a hearing, that

person shall set forth with particularity

the manner in which his or her interest

is adversely affected by this Order and

shall address the criteria set forth in 10

CFR 2.714(d).

If a hearing is requested by Dr. BenHaim or a person whose interest is

adversely affected, the Commission will

issue an Order designating the time and

place of any hearing. If a hearing is held,

the issue to be considered at such

hearing shall be whether this Order

should be sustained.

Pursuant to 10 CFR 2.202(c)(2)(i), Dr.

Ben-Haim may, in addition to

demanding a hearing, move the

presiding officer to set aside the

immediate effectiveness of the Order on

the ground that the Order, including the

need for immediate effectiveness, is not

based on adequate evidence but on mere

suspicion, unfounded allegations, or

error. The Atomic Safety and Licensing

Board designated to preside in the

proceeding on the Order of July 31,

1997, has already granted a joint motion

in which it set September 3, 1997, as the

date by which Dr. Ben-Haim should

move to set aside the immediate

effectiveness of this Order.

In the absence of any request for

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section IV above shall be final on

September 19, 1997, without further

order or proceedings. If an extension of

time for requesting a hearing has been

approved, the provisions specified in

Section IV shall be final when the

extension expires if a hearing request

has not been received. An Answer or a

Request for Hearing Shall Not Stay the

Immediate Effectiveness of this Order.

Dated at Rockville, Maryland this 27th day

of August 1997.

For the Nuclear Regulatory Commission.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 97–23695 Filed 9–5–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Applications for Licenses To Import/

Export Nuclear Waste

Pursuant to 10 CFR 110.70(b) ‘‘Public

notice of receipt of an application’’,

please take notice that the Nuclear

Regulatory Commission has received the

following applications for licenses to

import and export radioactive waste

materials. Copies of the applications are

on file in the Nuclear Regulatory

Commission’s Public Document Room

located at 2120 L Street, N.W.,

Washington, D.C.

A request for a hearing or petition for

leave to intervene may be filed within

30 days after publication of this notice

in the Federal Register. Any request for

hearing or petition for leave to intervene

shall be served by the requestor or

petitioner upon the applicant, the Office

of the General Counsel, U.S. Nuclear

Regulatory Commission, Washington

D.C. 20555; the Secretary, U.S. Nuclear

Regulatory Commission, Washington,

D.C. 20555; and the Executive Secretary,

U.S. Department of State, Washington,

D.C. 20520.

The information concerning the

application follows.

NRC Import and Export License

Applications
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Notices 47227

Name of applicant; date of application, date received, application

number

Description of material

Country of

origin Material type Total

(kilograms)qty End use

Diversified Scientific Services ....

July 23, 1997

July 25, 1997

IW004

Radioactive waste in the form of

liquid products.

15,000,000 For processing into solids & return to Canada.Canada

Diversified Scientific Services ....

July 23, 1997

July 25, 1997

XW002

Radioactive waste in the form of

solids.

15,000,000 Rtn of waste after processing .... Canada.

Dated this 28th day of August 1997 at

Rockville, Maryland.

For the Nuclear Regulatory Commission.

Ronald D. Hauber,

Director, Division of Nonproliferation,

Exports and Multilateral Relations Office of

International Programs.

[FR Doc. 97–23699 Filed 9–5–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–282, 50–306 and 72–10]

Northern States Power Company,

Prairie Island Nuclear Plant and Prairie

Island Independent Spent Fuel Storage

Installation, Issuance of Director’s

Decision Under 10 CFR 2.206

Notice is hereby given that the

Director, Office of Nuclear Reactor

Regulation, has issued a Director’s

Decision concerning a Petition dated

May 28, 1997, filed by the Prairie Island

Indian Community (Petitioners) under

Section 2.206 of Title 10 of the Code of

Federal Regulations (10 CFR 2.206). The

Petition requested that the NRC (1)

determine that Northern States Power

Company (the licensee) violated the

requirements of 10 CFR 72.122(l) by

using its Materials License No. SNM–

2506 for an Independent Spent Fuel

Storage Installation (ISFSI) prior to

establishing conditions for safely

unloading the TN–40 dry storage

containers; (2) suspend Materials

License No. SNM–2506 for cause under

10 CFR 50.100 until such time as all

significant issues in the unloading

process, as described in the Petition,

have been resolved, the unloading

process has been demonstrated, and

until an independent third-party review

of the TN–40 unloading procedure has

been conducted; (3) provide Petitioners

an opportunity to participate fully in the

reviewing of the unloading procedure

for the TN–40 cask, hold hearings and

allow Petitioners to participate fully in

these and any other procedures initiated

in response to the Petition; and (4)

update the Technical Specifications for

the Prairie Island ISFSI to incorporate

mandatory unloading procedure

requirements.

The Director of the Office of Nuclear

Reactor Regulation has determined that

the Petition should be denied for the

reasons stated in the ‘‘Director’s

Decision Under 10 CFR 2.206’’ (DD–97–

18), the complete text of which follows

this notice. The decision and documents

cited in the decision are available for

public inspection and copying in the

Commission’s Public Document Room,

the Gelman Building, 2120 L Street,

NW., Washington, DC, and at the local

public document room located at the

Minneapolis Public Library, Technology

and Science Department, 300 Nicollet

Mall, Minneapolis, MN.

A copy of this decision has been filed

with the Secretary of the Commission

for the Commission’s review in

accordance with 10 CFR 2.206(c). As

provided therein, this decision will

become the final action of the

Commission 25 days after issuance

unless the Commission, on its own

motion, institutes a review of the

decision within that time.

Dated at Rockville, Maryland, this 29th day

of August 1997.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

Director’s Decision Under 10 CFR 2.206

I. Introduction

On May 28, 1997, the Prairie Island

Indian Community filed a Petition

pursuant to Section 2.206 of Title 10 of

the Code of Federal Regulations (10 CFR

2.206) requesting that the U.S. Nuclear

Regulatory Commission (NRC) take

action to accomplish the following:

1. Determine that Northern States

Power (NSP) violated the requirements

of 10 CFR 72.122(l) by using its

Materials License No. SNM–2506 for an

Independent Spent Fuel Storage

Installation (ISFSI) prior to establishing

conditions for safely unloading the TN–

40 dry storage containers;

2. Suspend Materials License No.

SNM–2506 for cause under 10 CFR

50.100 until such time as all significant

issues in the unloading process, as

described herein [the Petition], have

been resolved, the unloading process

has been demonstrated, and until an

independent third-party review of the

TN–40 unloading procedure has been

conducted;

3. Provide Petitioners an opportunity

to participate fully in the reviewing of

the unloading procedure for the TN–40

cask, hold hearings and allow

Petitioners to participate fully in these

and any other procedures initiated in

response to this Petition; and

4. Update the Technical

Specifications (TS) for the Prairie Island

ISFSI to incorporate mandatory

unloading procedure requirements.

The Petition has been referred to me

pursuant to 10 CFR 2.206. The NRC

letter dated June 27, 1997, to Byron

White, on behalf of the Petitioners,

acknowledged receipt of the Petition

and provided the NRC staff’s

determination that the Petition did not

require immediate action by the NRC. A

notice of receipt was published in the

Federal Register on July 3, 1997 (62 FR

36085).

On the basis of the NRC staff’s

evaluation of the issues and for the

reasons given below, the Petitioners’

requests are denied.

II. Background

On October 19, 1993, the NRC issued

Materials License No. SNM–2506 to

NSP (the licensee) to allow storage of

spent nuclear fuel in TN–40 dry storage

casks, designed by Transnuclear

Incorporated, at the ISFSI located at the

Prairie Island Nuclear Plant. No spent

nuclear fuel was allowed to be loaded

into a storage cask at Prairie Island until

several preoperational license

conditions were satisfied. Among the

preoperational license conditions were a

required training exercise (dry-run) of

the loading, handling, and unloading

activities for the TN–40 casks and the

implementation of written procedures

describing the actions to be taken during