Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Notices 49999

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 M.

Stanford Blanton, Esq., Balch and

Bingham, Post Office Box 306, 1710

Sixth Avenue North, Birmingham,

Alabama, 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).

For further details with respect to this

action, see the application for

amendments dated September 17, 1997,

which is 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 located at

the Houston-Love Memorial Library,

212 W. Burdeshaw Street, Post Office

Box 1369, Dothan, Alabama.

Dated at Rockville, Maryland, this 19th day

of September 1997.

For the Nuclear Regulatory Commission.

Jacob I. Zimmerman,

Project Manager, Project Directorate II–2,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–25316 Filed 9–23–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 70–3085]

Draft Environmental Impact Statement

on Proposed Decommissioning of the

Babcock & Wilcox Shallow Land

Disposal Area in Parks Township, PA

AGENCY: Nuclear Regulatory

Commission.

ACTION: Draft Environmental Impact

Statement—Decommissioning of the

Babcock & Wilcox Shallow Land

Disposal Area in Parks Township,

Pennsylvania; withdrawal of notice of

availability.

SUMMARY: The U.S. Nuclear Regulatory

Commission is withdrawing a Draft

Environmental Impact Statement (DEIS)

(NUREG–1613) regarding the proposed

decommissioning of the Babcock &

Wilcox (B&W) Shallow Land Disposal

Area (SLDA) in Parks Township,

Pennsylvania. A notice of availability

for the DEIS was published on

September 4, 1997 (62 FR 46780). The

NRC is taking this withdrawal action in

order to develop additional information

regarding the alternatives described in

the DEIS.

EFFECTIVE DATE: September 24, 1997.

FOR FURTHER INFORMATION CONTACT: Dr.

Phyllis Sobel, Low-Level Waste and

Decommissioning Projects Branch, Mail

Stop T7F–27, Division of Waste

Management, Office of Nuclear Material

Safety and Safeguards, U.S. Nuclear

Regulatory Commission, Washington,

D.C. 20555–0001. Telephone 301–415–

6714.

SUPPLEMENTARY INFORMATION: On

September 4, 1997 (62 FR 46780), the

NRC published a notice of availability

for a Draft Environmental Impact

Statement (DEIS) for the proposed

decommissioning of the Babcock &

Wilcox (B&W) Shallow Land Disposal

Area (SLDA) in Parks Township,

Pennsylvania. The DEIS described and

evaluated the potential environmental

impacts of B&W’s proposed approach to

decommission the radiologically

contaminated waste which would

involve the stabilization of waste in

place at the site. The DEIS also

contained information regarding

alternatives to B&W’s proposal,

including an NRC staff recommended

alternative that would involve a

modified stabilization in place option.

The NRC is withdrawing the DEIS in

order to develop additional information

regarding the alternatives presented.

The NRC will provide further

consideration to the merits of the

various alternatives in light of any
50000 Federal Register / Vol. 62, No. 185 / Wednesday, September 24, 1997 / Notices

additional information that is

developed. As a result of this

withdrawal action, the NRC is

postponing the public meeting

announced in the notice published on

September 4. In addition, the

opportunity for a hearing that was

published as part of the notice is

withdrawn pending further NRC action

on the matter.

Dated at Rockville, Md., this 18th day of

September 1997.

For the Nuclear Regulatory Commission,

John W.N. Hickey,

Chief, Low-Level Waste and Decommissioning

Projects Branch, Division of Waste

Management, Office of Nuclear Material

Safety and Safeguards.

[FR Doc. 97–25317 Filed 9–23–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission.

DATE: Weeks of September 22, 29,

October 6, and 13, 1997.

PLACE: Commissioners’ Conference

Room, 11555 Rockville Pike, Rockville,

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED:

Week of September 22

There are no meetings scheduled for

the week of September 22.

Week of September 29—Tentative

There are no meetings scheduled for

the week of September 29.

Week of October 6—Tentative

There are no meetings scheduled for

the week of October 6.

Week of October 13—Tentative

Tuesday, October 14

10:00 a.m.

Briefing on EEO Program (Public

Meeting) (Contact: Irene Little, 301–

415–7380)

1:00 p.m.

Briefing on Severe Accident Master

Integration Plan (Public Meeting)

Wednesday, October 15

10:00 a.m.

Briefing on PRA Implementation Plan

(Public Meeting) (Contact: Gary

Holahan, 301–415–2884)

11:30 a.m.

Affirmation Session (Public Meeting)

(if needed)

*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 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: September 19, 1997.

William M. Hill, Jr.,

SECY Tracking Officer, Office of the

Secretary.

[FR Doc. 97–25444 Filed 9–22–97; 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 August 29,

1997, through September 12, 1997. The

last biweekly notice was published on

September 10, 1997 (62 FR 47696).

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; or (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 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