Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Notices 53661

The filing of requests for hearing and

petitions for leave to intervene is

discussed below.

By November 14, 1997, the licensee

may file a request for a hearing with

respect to issuance of the amendment to

the subject 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, and at the local public

document room located at the

University of New Orleans Library,

Louisiana Collection, Lakefront, New

Orleans, LA 70122. 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 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

N.S. Reynolds, Esq., Winston & Strawn,

1400 L Street, N.W. Washington, DC,

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

amendment dated October 7, 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 University of New Orleans Library,

Louisiana Collection, Lakefront, New

Orleans, LA 70122.

Dated at Rockville, Maryland, this 8th day

of October 1997.

For the Nuclear Regulatory Commission.

Chandu P. Patel,

Project Manager, Project Directorate, Division

of Reactor Projects III/IV, Office of Nuclear

Reactor Regulation.

[FR Doc. 97–27237 Filed 10–14–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–309]

Office of Nuclear Reactor Regulation;

Maine Yankee Atomic Power

Company; Maine Yankee Atomic

Power Station; Notice of Public

Meeting to Receive Comment on PostShutdown Decommissioning Activities

Report

The U.S. Nuclear Regulatory

Commission has scheduled a public

meeting to receive comments on the

Post-Shutdown Decommissioning

Activities Report (PSDAR) for the Maine

Yankee Atomic Power Station (Maine

Yankee) located in Lincoln County,

Maine. The meeting will be held on

November 6, 1997, beginning at 7:00

p.m. at the Wiscasset Senior High

School in Wiscasset, Maine. The

purpose of this informational meeting is
53662 Federal Register / Vol. 62, No. 199 / Wednesday, October 15, 1997 / Notices

to (1) describe the licensee’s planned

activities, (2) describe the regulatory

process for decommissioning, (3) hear

public comments regarding health and

safety, and protection of the

environment during decommissioning,

and (4) provide an opportunity for State

and local representatives to participate.

The licensee will discuss their plans to

decommission the Maine Yankee

facility. The NRC will discuss the

PSDAR and the license termination

process, and describe the program for

future plant oversight. The public will

have an opportunity to comment on the

PSDAR and the meeting will be

transcribed by a court reporter. Notice of

receipt of and availability for public

comment of the Maine Yankee PSDAR

was published in the Federal Register

on September 19, 1997 (62 FR 49261).

Prior to the public meeting, comments

regarding the Maine Yankee PSDAR

may be submitted in writing to Mr.

Michael Webb, Mail Stop 11–B–20, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555.

Dated at Rockville, Maryland, this 7th day

of October 1997.

For the Nuclear Regulatory Commission.

Ronald B. Eaton,

Acting Director, Project Directorate I–3,

Division of Reactor Projects—I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–27236 Filed 10–14–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Information to Licensees Regarding

NRC Inspection Manual Section on

Resolution of Degraded and

Nonconforming Conditions; Issue

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of issuance.

SUMMARY: The Nuclear Regulatory

Commission (NRC) has issued Generic

Letter 91–18, Revision 1 to notify all

holders of operating licenses for nuclear

power reactors and non-power reactors,

including those power reactor licensees

who have permanently ceased

operations and have certified that fuel

has been permanently removed from the

reactor vessel, and non-power reactor

licensees whose licenses no longer

authorize operation, of the issuance of a

revised section of Part 9900, ‘‘Technical

Guidance,’’ of the NRC inspection

manual. This generic letter is for

information only; no specific action or

written response is required.

Conformance with the guidance

provided in the generic letter is

voluntary.

This generic letter is a ‘‘rule’’ for

purposes of the Small Business

Regulatory Enforcement Fairness Act (5

U.S.C., Chapter 8). The staff has

received confirmation from the Office of

Management and Budget that the

generic letter is not a ‘‘major rule’’.

The generic letter is available in the

NRC Public Document Room under

accession number 9710060322.

DATES: The generic letter was issued on

October 8, 1997.

ADDRESSEES: Not applicable.

FOR FURTHER INFORMATION CONTACT:

Eileen M. McKenna at (301) 415–2189.

SUPPLEMENTARY INFORMATION: The

revised section of Part 9900 of the NRC

inspection manual is entitled

‘‘Resolution of Degraded and

Nonconforming Conditions.’’ The

revisions to this section more explicitly

discuss the role of the 10 CFR 50.59

evaluation process in the resolution of

degraded and nonconforming

conditions. In particular, a change in

NRC staff guidance is addressed which

states that the need to obtain NRC

approval for the final resolution of a

degraded or nonconforming condition

does not affect the licensee’s authority

to continue facility operation (or effect

a restart from a shutdown condition),

provided that necessary equipment is

operable and the degraded equipment is

not in conflict with any technical

specification. Nevertheless, it is noted

that the NRC will take enforcement

action if it determines that licensee

corrective action (which may include

the submittal of a license amendment

request) is not prompt, or that

operability determinations are not

sound. Enforcement action may also be

taken for the circumstances that led to

the existence of the degraded or

nonconforming condition.

Dated at Rockville, Maryland, this 8th day

of October 1997.

For the Nuclear Regulatory Commission.

Jack W. Roe,

Acting Director, Division of Reactor Program

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–27238 Filed 10–14–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Advisory Committee on Reactor

Safeguards; Subcommittee Meeting on

Planning and Procedures; Notice of

Meeting

The ACRS Subcommittee on Planning

and Procedures will hold a meeting on

November 5, 1996, Room T–2B1, 11545

Rockville Pike, Rockville, Maryland.

The entire meeting will be open to

public attendance, with the exception of

a portion that may be closed pursuant

to 5 U.S.C. 552b(c) (2) and (6) to discuss

organizational and personnel matters

that relate solely to internal personnel

rules and practices of ACRS, and

matters the release of which would

constitute a clearly unwarranted

invasion of personal privacy.

The agenda for the subject meeting

shall be as follows: Tuesday, November

5, 1996—12:00 noon until 1:30 p.m.

The Subcommittee will discuss

proposed ACRS activities and related

matters. It may also discuss the

qualifications of candidates for

appointment to the ACRS and the status

of appointment of new members to the

ACRS. The purpose of this meeting is to

gather information, analyze relevant

issues and facts, and to formulate

proposed positions and actions, as

appropriate, for deliberation by the full

Committee.

Oral statements may be presented by

members of the public with the

concurrence of the Subcommittee

Chairman; written statements will be

accepted and made available to the

Committee. Electronic recordings will

be permitted only during those portions

of the meeting that are open to the

public, and questions may be asked only

by members of the Subcommittee, its

consultants, and staff. Persons desiring

to make oral statements should notify

the cognizant ACRS staff person named

below five days prior to the meeting, if

possible, so that appropriate

arrangements can be made.

Further information regarding topics

to be discussed, the scheduling of

sessions open to the public, whether the

meeting has been cancelled or

rescheduled, the Chairman’s ruling on

requests for the opportunity to present

oral statements, and the time allotted

therefor can be obtained by contacting

the cognizant ACRS staff person, Dr.

John T. Larkins (telephone: 301/415–

7360) between 7:30 a.m. and 4:15 p.m.

(EDT). Persons planning to attend this

meeting are urged to contact the above

named individual one or two working

days prior to the meeting to be advised