66396 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Notices

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

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).

For further details with respect to this

action, see the application for

amendment dated May 21, 1997, as

supplemented on November 18, 1997,

and December 3, 1997, which are

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: for Byron,

located at 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 12th day

of December, 1997.

For the Nuclear Regulatory Commission.

George F. Dick, Jr.,

Senior Project Manager, Project Directorate

III–2, Division of Reactor Projects—III/IV,

Office of Nuclear Reactor Regulation.

[FR Doc. 97–33055 Filed 12–17–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 30–31373–CivP and ASLBP No.

98–735–01–CivP]

CONAM Inspection, Inc.;

Establishment of Atomic Safety and

Licensing Board

Pursuant to delegation by the

Commission dated December 29, 1972,

published in the Federal Register, 37 FR

28710 (1972), and Sections 2.105, 2.700,

2.702, 2.714, 2.714a, 2.717, 2.721, and

2.772(j) of the Commission’s

Regulations, all as amended, an Atomic

Safety and Licensing Board is being

established to preside over the following

proceeding.

CONAM Inspection, Inc.; Order

Imposing Civil Monetary Penalty

This Board is being established

pursuant to the request of Conam

Inspection, Inc. for an enforcement

hearing. The hearing request was made

in response to an Order issued by the

Director, Office of Enforcement, dated

November 5, 1997, entitled ‘‘Order

Imposing Civil Monetary Penalty’’ (62

FR 60923, November 13, 1997).

The Board is comprised of the

following administrative judges:

Charles Bechhoefer, Chairman, Atomic

Safety and Licensing Board Panel,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555

Dr. Richard F. Cole, Atomic Safety and

Licensing Board Panel, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555

Dr. Charles N. Kelber, Atomic Safety

and Licensing Board Panel, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555

All correspondence, documents and

other materials shall be filed with the

Judges in accordance with 10 CFR

2.701.

Issued at Rockville, Maryland, this 12th

day of December 1997.

B. Paul Cotter, Jr.,

Chief Administrative Judge, Atomic Safety

and Licensing Board Panel.

[FR Doc. 97–33058 Filed 12–17–97; 8:45 am]

BILLING CODE 7590–01–P