[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)]
[Notices]
[Pages 51491-51492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26009]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-607]


United States Air Force; Notice of Proposed Issuance of Facility 
Operating License

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of a facility operating license to the United 
States Air Force (the applicant). The license would authorize the 
applicant to operate a nuclear research reactor (the facility), located 
at McClellan Air Force Base, Sacramento, California, at power levels 
not to exceed 2300 kilowatts (thermal), with pulse step reactivity 
insertion not to exceed $1.75. The facility is presently operating 
under the authority of Section 91b of the Atomic Energy Act of 1954, as 
amended (the Act).
    In compliance with the terms and conditions of the application, as 
amended, and in the absence of good cause to the contrary, the 
Commission will issue to the applicant (without prior notice) a class 
104c facility license authorizing operation of the nuclear research 
reactor at the power and pulse levels specified above, since the 
application is complete enough to permit evaluation of the safety and 
environmental impact of the operation of the facility in the manner and 
location proposed. Prior to the issuance of the license, the facility 
will be inspected by a representative of the Commission to determine 
whether it has been constructed in accordance with the application. The 
license will not be issued until the Commission makes the findings 
required by the Act and the Commission's rules and regulations and 
concludes that the issuance of the license will not be inimical to the 
common defense and security or to the health and safety of the public 
or to the environment. In addition, the applicant will be required to 
execute an indemnity agreement as required by Section 170 of the Act 
and by 10 CFR part 140 of the Commission's regulations.
    By October 31, 1997, the licensee may file a request for a hearing 
with respect to issuance of the 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. 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 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 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 
application 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 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 Col. Robert Gibson, SM-ALC/JA, 5219 
Arnold Avenue, McClellan AFB, Sacramento, California 95652-1085, 
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

[[Page 51492]]

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 dated October 30, 1996, which is available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 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. 97-26009 Filed 9-30-97; 8:45 am]
BILLING CODE 7590-01-P