[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Notices]
[Pages 10596-10597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5659]


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NUCLEAR REGULATORY COMMISSION

DEPARTMENT OF ENERGY

[Docket No. 72-9]


Notice of Consideration of Transfer of the Materials License SNM-
2504 and Subsequent License Amendment for the Fort St. Vrain 
Independent Spent Fuel Storage Installation From the Public Service 
Company of Colorado to the U.S. Department of Energy and Notice of 
Opportunity for a Hearing

    The Nuclear Regulatory Commission is considering the issuance of an 
order approving an application from the U.S. Department of Energy, 
Idaho Operations Office (the applicant or DOE-ID) dated December 17, 
1996, and supplemented February 4, February 5, and February 18, 1997, 
for the transfer of a materials license (SNM-2504), under the 
provisions of 10 CFR Part 72. The applicant is seeking NRC approval to 
take possession of spent nuclear fuel and other radioactive materials 
associated with spent nuclear fuel storage presently in the possession 
of the Public Service Company of Colorado (PSCo) at its Fort St. Vrain 
(FSV) independent spent fuel storage installation (ISFSI) located in 
Weld County, Colorado, and to own and operate the FSV ISFSI. The 
transfer of an ISFSI license is subject to NRC approval under 10 CFR 
72.50, ``Transfer of License.'' Pursuant to the provisions of 10 CFR 
Part 72, the term of the license for the ISFSI would remain as is 
currently licensed, and the license would expire on November 30, 2011. 
If the application for transfer is approved, the Commission will issue 
an order consenting to the transfer. The NRC is also considering an 
amendment to the materials license to reflect DOE-ID as the new 
licensee for the FSV ISFSI and the addition of revised Appendices A, B, 
and C to the license.
    Prior to approval of the requested license transfer, and the 
license amendment reflecting the transfer, the NRC will have made the 
findings required by the Atomic Energy Act of 1954, as amended (the 
Act), and the NRC's rules and regulations. The transfer of the 
materials license and the license amendment will not be approved until 
the NRC has reviewed the application and concluded, inter alia, that 
approval of the license will not be inimical to the common defense and 
security and will not constitute an unreasonable risk to public health 
and safety. The NRC, in accordance with 10 CFR Part 51, will complete 
an environmental assessment. This action will be the subject of a 
subsequent notice in the Federal Register.
    Pursuant to 10 CFR 2.105, by April 7, 1997, the applicant may file 
a request for a hearing on the license transfer application and on the 
proposed license amendment; 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 with respect to the subject materials license in 
accordance with the provisions of 10 CFR 2.714. If a request for 
hearing or petition for leave to intervene is filed by the above date, 
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. In the event that no request for hearing or petition 
for leave to intervene is filed by the above date, and upon 
satisfactory completion of all required evaluations, the NRC may 
consent to the transfer of the materials license and issue the license 
amendment without further prior notice.
    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 that 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 a 
petition, without requesting leave of the Board, up to 15 days prior to 
the holding of the first pre-hearing conference scheduled in the 
proceeding. Such an amended petition must satisfy the specificity 
requirements described above.
    Not later than fifteen (15) days prior to the first pre-hearing 
conference scheduled in the proceeding, a petitioner shall file a 
supplement to the petition to intervene which must include a list of 
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 action 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 
that 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.
    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, Attention: Docketing and Services 
Branch, or may be delivered to the Commission's Public Document Room, 
Gelman Building, 2120 L Street, NW, Washington, DC, by the above date. 
Where petitions are filed during the last ten (10) days of the notice 
period, it is requested that the petitioner promptly so inform the NRC 
by a toll-free telephone call to Western

[[Page 10597]]

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 Mr. Charles J. Haughney, Acting 
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards; petitioner's name and telephone number; date petition 
was mailed; 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, as well as the applicant's legal counsel, Robin 
A. Henderson, U.S. Department of Energy, 1000 Independence Avenue, SW, 
GC-52, Washington, DC 20585; and Simon S. Martin, U.S. Department of 
Energy, Idaho Operations Office, 850 Energy Drive, MS-1209, Idaho 
Falls, ID 83401.
    Non-timely 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 dated December 17, 1996, as supplemented February 4, 
February 5, and February 18, 1997, which is available for public 
inspection at the Commission's Public Document Room, 2120 L Street, NW, 
Washington, DC 20555, and at the Local Public Document Room at the Weld 
Library District, Lincoln Park Branch, 919 7th Street, Greeley, 
Colorado 80631.

    Dated at Rockville, Maryland, this 27th day of February 1997.

    For the U.S. Nuclear Regulatory Commission
Charles J. Haughney,
Acting Director, Spent Fuel Project Office, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 97-5659 Filed 3-6-97; 8:45 am]
BILLING CODE 7590-01-P