7280 Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Notices

2.1207 of the Commission’s Regulations,

a single member of the Atomic Safety

and Licensing Board Panel is hereby

designated to rule on petitions for leave

to intervene and/or requests for hearing

and, if necessary, to serve as the

Presiding Officer to conduct an informal

adjudicatory hearing in the following

proceeding.

Atlas Corporation

(Request for License Amendment)

The hearing, if granted, will be

conducted pursuant to 10 C.F.R.

Subpart L of the Commission’s

Regulations, ‘‘Informal Hearing

Procedures for Adjudications in

Materials and Operator Licensing

Proceedings.’’ This proceeding concerns

a requested license amendment by Atlas

Corporation to change the completion

date for placement of the final radon

barrier on the pile at its Moab, Utah

facility. Pursuant to the provisions of 10

C.F.R. § 2.1205(a) and Federal Register

Notice, 62 F.R. 3313 (January 22, 1997),

John Francis Darke opposes this

amendment and requests a hearing. The

Presiding Officer in this proceeding is

Administrative Judge G. Paul Bollwerk,

III. Pursuant to the provisions of 10

C.F.R. § 2.722, Administrative Judge

Charles N. Kelber has been appointed to

assist the Presiding Officer in taking

evidence and in preparing a suitable

record for review.

All correspondence, documents and

other materials shall be filed with Judge

Bollwerk and Judge Kelber in

accordance with 10 C.F.R. § 2.701. Their

addresses are:

Administrative Judge G. Paul Bollwerk,

III, Presiding Officer, Atomic Safety

and Licensing Board Panel, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555

Dr. Charles N. Kelber, Special Assistant,

Atomic Safety and Licensing Board

Panel, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555

Issued at Rockville, Maryland, this 11th

day of February 1997.

B. Paul Cotter, Jr.,

Chief Administrative Judge, Atomic Safety

and Licensing Board Panel.

[FR Doc. 97–3885 Filed 2–14–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–368]

Correction to Exemption

ENTERGY OPERATIONS, INC. (Arkansas

Nuclear One, Unit 2).

In notice document 97–2377

beginning on page 4818, in the issue of

Friday, January 31, 1997, make the

following correction:

On page 4819, in the third column,

second full paragraph, in line 5, (61 FR

20846) should be corrected to read, (61

FR 37774).

Dated at Rockville, Maryland, this 10th day

of February 1997.

For the Nuclear Regulatory Commission.

Frank J. Miraglia,

Acting Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 97–3887 Filed 2–14–97; 8:45 am]

BILLING CODE 7590–01–P

Advisory Committee on Nuclear

Waste; Notice of Meeting

The Advisory Committee on Nuclear

Waste (ACNW) will hold its 90th

meeting on March 20 and 21, 1997, in

Room T–2B3, at 11545 Rockville Pike,

Rockville, Maryland.

The entire meeting will be open to

public attendance, with the exception of

a portion that may be closed to discuss

information the release of which would

constitute a clearly unwarranted

invasion of personal privacy pursuant to

5 U.S.C. 552b(c)(6).

The schedule for this meeting is as

follows:

Thursday, March 20, 1997—8:30 A.M.

until 6:00 P.M.

Friday, March 21, 1997—8:30 A.M. until

6:00 P.M.

During this meeting, the Committee

plans to consider the following:

A. Meeting with the Directors of the

Division of Waste Management and the

Spent Fuel Projects Office—The

Directors will discuss priorities for their

respective divisions and highlight issues

they may wish the Committee to

consider over the next year.

B. Defense In-Depth Philosophy—The

NRC staff will discuss this philosophy

and how it applies to the regulation of

nuclear waste activities. This discussion

will revisit the history of the defense indepth philosophy and the rationale

behind the high-level waste subsystem

requirements in the Commission’s

regulations (10 CFR Part 60).

C. Planning for Commission

Meeting—The Committee will prepare

for their April 1997 meeting with the

Commission.

D. BIOMOVS II—The Committee will

be briefed by the NRC staff on the

current status of the Biosphere Model

Validation Study, Phase II. Central to

this work is defining the reference

biosphere and critical group.

E. Preparation of ACNW Reports—

The Committee will discuss proposed

reports, including the specification of a

critical group and reference biosphere to

be used in the performance assessment

for a nuclear waste disposal facility, and

other topics discussed during the

meeting as the need arises.

F. Committee Activities/Future

Agenda/Appointment of New

Members—The Committee will consider

topics proposed for future consideration

by the full Committee and Working

Groups. The Committee will discuss

ACNW-related activities of individual

members. The Committee will also

consider the qualifications of potential

new ACNW members. A portion of this

session may be closed to public

attendance to discuss information the

release of which would constitute a

clearly unwarranted invasion of

personal privacy pursuant to 5 U.S.C.

552b(c)(6).

G. Miscellaneous—The Committee

will discuss miscellaneous matters

related to the conduct of Committee

activities and organizational activities

and complete discussion of matters and

specific issues that were not completed

during previous meetings, as time and

availability of information permit.

Procedures for the conduct of and

participation in ACNW meetings were

published in the Federal Register on

October 8, 1996 (61 FR 52814). In

accordance with these procedures, oral

or written statements may be presented

by members of the public, 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 Committee, its

consultants, and staff. Persons desiring

to make oral statements should notify

the Chief, Nuclear Waste Branch, Mr.

Richard K. Major, as far in advance as

practicable so that appropriate

arrangements can be made to schedule

the necessary time during the meeting

for such statements. Use of still, motion

picture, and television cameras during

this meeting will be limited to selected

portions of the meeting as determined

by the ACNW Chairman. Information

regarding the time to be set aside for this

purpose may be obtained by contacting

the Chief, Nuclear Waste Branch, prior

to the meeting. In view of the possibility

that the schedule for ACNW meetings

may be adjusted by the Chairman as

necessary to facilitate the conduct of the

meeting, persons planning to attend

should notify Mr. Major as to their

particular needs.

Further information regarding topics

to be discussed, 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 Mr. Richard K.

Major, Chief, Nuclear Waste Branch
Federal Register / Vol. 62, No. 32 / Tuesday, February 18, 1997 / Notices 7281

(telephone 301/415–7366), between 8:00

A.M. and 5:00 P.M. EST.

ACNW meeting notices, meeting

transcripts, and letter reports are now

available on FedWorld from the ‘‘NRC

MAIN MENU.’’ Direct Dial Access

number to FedWorld is (800) 303–9672;

the local direct dial number is 703–321–

3339.

Dated: February 2, 1997.

Andrew L. Bates,

Advisory Committee Management Office.

[FR Doc. 97–3884 Filed 2–14–97; 8:45 am]

BILLING CODE 7590–01–P

Natural Resources Defense Council

Receipt of Petition and Issuance of a

Director’s Decision Under 10 CFR

2.206

Notice is hereby given that by Petition

dated January 8, 1997, Thomas B.

Cochran, on behalf of Natural Resources

Defense Council (NRDC), requested that

the Nuclear Regulatory Commission

(Commission) take immediate action

with regard to Envirocare of Utah, Inc.

Specifically, the Petition requested NRC

to take the following actions:

(1) Immediately revoke the license or

licenses, or cause the state of Utah to

revoke its agreement state license or

licenses, under which Envirocare is

currently permitted to accept low-level

radioactive waste and mixed waste for

permanent disposal.

(2) Immediately revoke the NRC

11e.(2) byproduct material license under

which Envirocare is currently permitted

to accept uranium mill tailings for

disposal.

(3) Immediately revoke any other NRC

license, or agreement state license, if

such license exists, held by Envirocare,

Khosrow Semnani, or any entity

controlled or managed by Khosrow

Semnani.

(4) Prohibit the future issuances of

any license by the NRC, the State of

Utah, or other NRC agreement state, to

Khosrow Semnani or any company or

entity which he owns, controls,

manages, or [with which he] has a

significant affiliation or relationship.

(5) Suspend the agreement with the

state of Utah under which regulatory

authority has been transferred from the

NRC to the Utah’s Bureau of Radiation

[Division of Radiation Control], until the

State of Utah can demonstrate that it can

operate the Bureau of Radiation

[Division of Radiation Control] in a

lawful manner, and without the

participation of licensees, or employees

of licensees, in Bureau of Radiation

[Division of Radiation Control] oversight

roles.

As a basis for the request, the

Petitioner asserts that on December 28,

1996, an article in The Salt Lake

Tribune reported that between 1987 and

1995 Mr. Semnani made secret cash

payments to Mr. Larry F. Anderson,

who served as Director of the Utah

Division of Radiation Control from 1983

until 1993. The article also reported that

the Utah Attorney General’s office has

initiated a criminal investigation into

the matter.

The NRC response to the Petitioner’s

request regarding the Agreement State

program is provided in a ‘‘NRC Staff

Evaluation of Natural Resources Defense

Council Request to Suspend Section 274

Agreement With The State of Utah.’’

The other issues raised in the Petition

have been evaluated by the Director of

the Office of Nuclear Material Safety

and Safeguards. After review of the

Petition, the Director has denied the

Petitioner’s requests.

The Director’s Decision concluded

that no substantial health and safety

issues have been raised regarding

Envirocare that would require initiation

of the immediate action requested by

the NRDC. The NRDC has not provided

any information in support of its

requests of which the NRC was not

already aware. Moreover, NRC

inspections of the Envirocare facility

have not revealed the existence of

extraordinary circumstances that would

warrant immediate suspension of the

Envirocare license. In addition, the

staff’s review of the technical basis for

its issuance of the license and

subsequent amendments found no

evidence of the existence of any

substantial health or safety issue that

would justify the actions requested by

the NRDC. However, NRC will monitor

the investigations and actions being

conducted by the State of Utah. If NRC

receives any specific information that

there is a public health or safety concern

as a result of these actions or from any

other source, including the NRC

ongoing Agreement State oversight

activities, NRC will evaluate that

information and take such action as it

deems is warranted at that time.

The complete ‘‘Director’s Decision

under 10 CFR § 2.206’’ (DD–97–02) is

available for public inspection in the

Commission’s Public Document Room

located at 2120 L Street, N.W.,

Washington, D.C. 20555. The Director’s

Decision is also available on the NRC

Electronic Bulletin Board at (800) 952–

9676.

A copy of this Decision will be filed

with the Secretary for the Commission’s

review, in accordance with 10 CFR

2.206. As provided by this regulation,

the Decision will constitute the final

action of the Commission 25 days after

the date of issuance of the Decision

unless the Commission on its own

motion institutes a review of the

Decision within that time.

Dated at Rockville, Maryland this 7th day

of February 1997.

For the Nuclear Regulatory Commission.

Carl J. Paperiello,

Director, Office of Nuclear Material Safety

and Safeguards.

[FR Doc. 97–3886 Filed 2–14–97; 8:45 am]

BILLING CODE 7590–01–P

[Docket No. 50–245]

Northeast Utilities; Millstone Nuclear

Power Station, Unit 1; Issuance of

Director’s Decision under 10 CFR 2.206

Notice is hereby given that the Acting

Director, Office of Nuclear Reactor

Regulation, has taken action with regard

to a Petition dated January 5, 1995, by

Mr. Anthony J. Ross (Petition for action

under 10 CFR 2.206). The Petition

pertains to Millstone Nuclear Power

Station, Unit 1.

In the Petition, the Petitioner

described several examples of what he

alleged were violations of Procedure

WC–8, which required that maintenance

and test equipment be signed out from

and returned to a custodian. The

Petitioner requested that the U.S.

Nuclear Regulatory Commission

institute sanctions against his

department manager, his first-line

supervisor, and two co-workers for

engaging in deliberate misconduct in

violation of 10 CFR 50.5. The Petitioner

also asserted that the NRC ‘‘desperately

needs to conduct an investigation’’ into

the procedure violations and to audit

the Millstone Unit 1 maintenance

department measuring and test

equipment folders to reveal widespread

problems regarding noncompliance with

this procedure.

The Acting Director of the Office of

Nuclear Reactor Regulation has

determined to grant the Petition in part,

and deny the Petition in part. The

reasons for this decision are explained

in the ‘‘Director’s Decision Under 10

CFR 2.206’’ (DD–97–04), the complete

text of which follows this notice and 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

Learning Resources Center, Three Rivers

Community-Technical College, 574 New

London Turnpike, Norwich,

Connecticut, and at the temporary local

public document room located at the

Waterford Library, ATTN: Vince