6016 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices

Alternative Use of Resources

The activities leading to the proposed

action would result in the irreversible

use of energy resources in the conduct

of the proposed Bert Avenue

remediation. There are no reasonable

alternatives to these resource uses, and

the proposed activities do not involve

any unresolved conflicts concerning

uses of available resources.

Agencies and Persons Consulted, and

Sources Used

The environmental assessment on

which the finding of no significant

impact is based was prepared by NRC

staff in the Office of Nuclear Material

Safety and Safeguards, Rockville, MD,

and Region III, Lisle, IL. During the

review of Chemetron’s Final Site

Remediation Plan, NRC requested

comments from the Ohio Department of

Health (ODH), OEPA, and the Cuyahoga

County Board of Health (CCBH).

NRC received formal comments from

ODH and CCBH, and informal

comments from OEPA. The principal

comments received from ODH and

OEPA were that NRC should require

post-closure controls and monitoring,

for the radiologic components in the

waste, after completion of the onsite

disposal cells. These controls would be

consistent with the post-closure controls

required by OEPA for solid waste

landfills. NRC staff indicated that under

the conditions of onsite disposal under

the Option 2 limits of the 1981 BTP

(Reference 4) the Bert Avenue site could

be released for unrestricted use, and

doses to hypothetical intruders who

might construct homes and consume

groundwater and foodstuffs grown in

the wastes would be acceptable.

Chemetron has agreed to perform

analyses for gross alpha, gross beta, and

total uranium in the groundwater

sampling program to be conducted as

part of OEPA post-closure monitoring

program.

The principal comments made by

CCBH were technical comments related

to the design of the proposed Bert

Avenue disposal cell.

A draft environmental assessment was

provided to ODH, OEPA, CCBH, and the

Mayor of Newburgh Heights for

comment. Other than ODH, there were

no comments received. The ODH staff

indicated that the State of Ohio does not

wish to have a number of small lowlevel waste sites across the site, and

they suggested that environmental

monitoring be required when the project

is completed. Chemetron has agreed to

perform analyses for gross alpha, gross

beta, and total uranium in the

groundwater sampling program to be

conducted as part of OEPA post-closure

monitoring program.

No other sources of information were

used beyond those which are referenced

in the report.

Finding of No Significant Impact

The NRC staff has prepared an EA

evaluating the environmental impacts

related to the license amendment

requested from Chemetron Corporation,

Inc., to authorize the remediation of the

Bert Avenue site in accordance with

their remediation plan. The EA

examines the radiological impacts

associated with these proposed

activities. As indicated above, the EA

did not identify any significant

environmental impact associated with

these proposed licensed amendment

actions. The NRC staff concluded that a

Finding of No Significant Impact

(FONSI) is justified and appropriate.

Opportunity for a Hearing

On April 11, 1994, the NRC published

in the Federal Register a notice of

Consideration of Amendment to

Chemetron Corporation License and

Opportunity for Hearing. In response to

that notice, the Earth Day Coalition

submitted a petition for hearing. On July

7, 1994, the Presiding Officer granted a

three week period for Earth Day

Coalition to supplement a deficient

hearing request. The Coalition’s petition

failed to demonstrate the NRC’s

standing requirements were met and

that its concerns were germane to the

subject matter of the proceeding.

Because the Coalition did not file the

supplemental information, on

September 1, 1994, the Presiding Officer

dismissed the proceeding.

References

1. Chemetron Corporation, ‘‘Site

Remediation Plan, Chemetron

Remediation Project, Harvard Avenue

and Bert Avenue Sites,’’ Revision 1,

February 28, 1995.

2. Nuclear Regulatory Commission,

Environmental Assessment Finding of

No Significant Impact Related to

Amendment of Materials License No.

SUB–1357, Chemetron Corporation,

Inc., Cuyahoga Heights, OH, Federal

Register, Vol. 59, No. 150, August 5,

1994, p. 40057.

3. Nuclear Regulatory Commission,

Environmental Assessment Finding of

No Significant Impact Related to

Amendment of Materials License No.

SUB–1357, Chemetron Corporation,

Inc., Cuyahoga Heights, OH, Federal

Register, Vol. 61, No. 110, June 6, 1996,

p. 28906.

4. U.S. Nuclear Regulatory

Commission, Branch Technical

Position, ‘‘Disposal or Onsite Storage of

Thorium or Uranium Wastes from Past

Operations,’’ Federal Register, Vol 46,

No. 205, October 23, 1981, p. 52061.

5. U.S. Nuclear Regulatory

Commission, ‘‘Guidelines for

Decontamination of Facilities and

Equipment Prior to Release for

Unrestricted Use or Termination of

License for Byproduct, Source or

Special Nuclear Material,’’ August 1987.

6. Argonne National Laboratory,

‘‘Manual for Implementing Residual

Radioactive Material Guidelines Using

RESRAD, Version 5.0,’’ ANL/EAD/LD–

2, September 1993.

7. Olague, N.E., ‘‘User’s Manual for

the NEFTRAN II Computer Code,’’

NUREG/CR–5618, Sandia National

Laboratories, February 1991.

8. U.S. Environmental Protection

Agency, ‘‘Manual of Protective Action

Guides and Protective Actions for

Nuclear Incidents,’’ EPA 400–R–92–001,

Revised 1991.

9. Chemetron Corporation, ‘‘Final Site

Closure/Post-Closure Plan, Bert

Avenue,’’ December 5, 1994.

Dated at Rockville, Maryland, this 4th day

of February 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. 97–3177 Filed 2–7–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket Nos. STN 50–454, STN 50–455, STN

50–456 and STN 50–457]

Commonwealth Edison Company;

Notice of Consideration of Issuance of

Amendments to Facility Operating

Licenses and Opportunity for a

Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering the issuance of amendments

to Facility Operating License Nos. NPF–

37, NPF–66, NPF–72 and NPF–77,

issued to Commonwealth Edison

Company (ComEd, the licensee) for

operation of Byron Station, Units 1 and

2, located in Ogle County, Illinois and

Braidwood Station, Units 1 and 2,

located in Will County, Illinois.

The proposed amendments would

revise the technical specifications (TS)

to allow ComEd to take credit, on a

temporary basis, for soluble boron in the

spent fuel storage water in maintaining

an acceptable margin of subcriticality.

Before issuance of the proposed

license amendments, the Commission

will have made findings required by the
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices 6017

Atomic Energy Act of 1954, as amended

(the Act) and the Commission’s

regulations.

By March 12, 1997, the licensee may

file a request for a hearing with respect

to issuance of the amendments to the

subject facility operating licenses 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

petitions 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 rooms located at: for Byron,

the Byron Public Library District, 109 N.

Franklin, P.O. Box 434, Byron, Illinois

61010; for Braidwood, the Wilmington

Public Library, 201 S. Kankakee Street,

Wilmington, Illinois 60481. 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

amendments 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:

Docketing and Services Branch, or may

be delivered to the Commission’s Public

Document Room, the Gelman Building,

2120 L Street, NW., Washington, DC, by

the above date. Where petitions are filed

during the last 10 days of the notice

period, it is requested that the petitioner

promptly so inform the Commission by

a toll-free telephone call to Western

Union at 1–(800) 248–5100 (in Missouri

1–(800) 342–6700). The Western Union

operator should be given Datagram

Identification Number N1023 and the

following message addressed to Robert

A. Capra: petitioner’s name and

telephone number; date petition was

mailed; plant name; and publication

date and page number of this Federal

Register notice. 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 Michael I.

Miller, Esquire; Sidley and Austin, One

First National Plaza, Chicago, Illinois

60603, 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).

If a request for a hearing is received,

the Commission’s staff may issue the

amendments after it completes its

technical review and prior to the

completion of any required hearing if it

publishes a further notice for public

comment of its proposed finding of no

significant hazards consideration in

accordance with 10 CFR 50.91 and

50.92.

For further details with respect to this

action, see the application for

amendments dated November 5, 1996,

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 rooms located at:

for Byron, the Byron Public Library

District, 109 N. Franklin, P.O. Box 434,

Byron, Illinois 61010; for Braidwood,

the Wilmington Public Library, 201 S.

Kankakee Street, Wilmington, Illinois

60481.

Dated at Rockville, Maryland, this 4th day

of February 1997.

For the Nuclear Regulatory Commission.

Robert A. Capra,

Director, Project Directorate III–2, Division

of Reactor Projects—III/IV, Office of Nuclear

Reactor Regulation.

[FR Doc. 97–3180 Filed 2–7–97; 8:45 am]

BILLING CODE 7590–01–P

Changes in the Operator Licensing

Program; Issued

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of issuance.

SUMMARY: The Nuclear Regulatory

Commission (NRC) has issued Generic

Letter 95–06, Supplement 1 to (1)

inform all licensees of nuclear power

reactors (except those licensees of

permanently shutdown reactors who are

no longer required to utilize licensed

operators) about the results of the pilot

program described in Generic Letter 95–