Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Notices 18155

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 Phoenix

Public Library, 1221 N. Central Avenue,

Phoenix, Arizona 85004. 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

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.

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 William

H. Bateman, Director, Project Directorate

IV–2: 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 Nancy C. Loftin, Esq.,

Corporate Secretary and Counsel,

Arizona Public Service Company, P.O.

Box 53999, Mail Station 9068, Phoenix,

Arizona 85072–3999, 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

amendment 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

amendment dated October 4, 1996, as

supplemented by letter dated March 16,

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 Phoenix Public Library,

1221 N. Central Avenue, Phoenix,

Arizona 85004.

Dated at Rockville, Maryland, this 3rd day

of April 1997.

For the Nuclear Regulatory Commission.

Charles R. Thomas,

Project Manager, Project Directorate IV–2,

Division of Reactor Projects III/IV, Office of

Nuclear Reactor Regulation.

[FR Doc. 97–9560 Filed 4–11–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 55–61425–SP; ASLBP No. 97–

725–02–SP]

Atomic Safety and Licensing Board

Panel; Notice of Hearing and of

Opportunity To Petition for Leave To

Intervene or To Participate as an

Interested Governmental Entity; Denial

of Application for Senior Reactor

Oeprator’s License

Before Presiding Officer: G. Paul Bollwerk,

III, Administrative Judge. Special Assistant:

Thomas D. Murphy, Administrative Judge.

In the Matter of Frank J. Calabrese, Jr.;

(Denial of Senior Reactor Operator’s License).

April 8, 1997.

On March 3, 1997, the NRC staff

issued a notice of denial of application

for a senior reactor operator’s (SRO)

license to Frank J. Calabrese Jr. In that

letter, the staff advised Mr. Calabrese

that although he had passed the written

portion of the SRO examination

administered to him on October 21–23,

1996, his application was being denied

because he failed to pass the operating

test portion of the examination.
18156 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Notices

On March 14, 1997, Mr. Calabrese

filed a timely hearing request

challenging the staff’s denial of his SRO

license application. In his hearing

request, he asserted that his simulator

examination was graded incorrectly or

too severely. On March 25, 1997, the

Commission referred Mr. Calabrese’s

hearing request to the Atomic Safety

and Licensing Board Panel for the

appointment of a presiding officer to

conduct any necessary proceedings. On

March 26, 1997, the Chief

Administrative Judge of the Panel

appointed Administrative Judge G. Paul

Bollwerk, III, to act as the Presiding

Officer, and Administrative Judge

Thomas D. Murphy, to serve as Special

Assistant to the Presiding Officer. (62

FR 15,542 (1997))

After receiving the staff’s April 7,

1997 answer to the University’s hearing

request, on April 8, 1997, the Presiding

Officer issued an order granting Mr.

Calabrese’s hearing request.

Please take notice that a hearing will

be conducted in this proceeding. This

hearing will be governed by the

informal hearing procedures set forth in

10 CFR Part 2, Subpart L (10 CFR

§§ 2.1201–.1263).

Further, in accordance with 10 CFR

§ 2.1205(j), please take notice that

within thirty days from the date of

publication of this notice of hearing in

the Federal Register (1) Any person

whose interest may be affected by this

proceeding may file a petition for leave

to intervene; and (2) any interested

governmental entity may file a request

to participate in this proceeding in

accordance with 10 CFR § 2.1211(b).

Any petition for leave to intervene must

set forth the information required by 10

CFR § 2.1205(e), including a detailed

description of (1) the interest of the

petitioner in the proceeding; (2) how

that interest may be affected by the

results of the proceeding, including the

reasons why the petitioner should be

permitted to intervene with respect to

the factors set forth in 10 CFR

§ 2.1205(h); (3) the petitioner’s areas of

concern regarding the staff’s March 3,

1997 denial of Mr. Calabrese’s SRO

license application; and (4) the

circumstances establishing that the

petition to intervene is timely in

accordance with 10 CFR § 2.1205(d). In

accordance with 10 CFR § 2.1211(b), any

request to participate by an interested

governmental entity must state with

reasonable specificity the requestor’s

areas of concern regarding the staff’s

March 3, 1997 denial of Mr. Calabrese’s

SRO license application.

In addition, pursuant to 10 C.F.R.

§ 2.1211(a), any person not a party to the

proceeding may submit a written

limited appearance statement setting

forth his or her position on the issues in

this proceeding. These statements do

not constitute evidence, but may assist

the Presiding Officer and/or parties in

the definition of the issues being

considered. Persons wishing to submit a

written limited appearance statement

should send it to the Office of the

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Attention: Docketing and Service

Branch. A copy of the statement also

should be served on the Presiding

Officer and the Special Assistant.

In the April 8, 1997 order, the

Presiding Officer directed that on or

before Thursday, May 8, 1997, the staff

shall file the hearing file for this

proceeding. Once the hearing file is

received, pursuant to 10 CFR § 2.1233

the Presiding Officer will establish a

schedule for the filing of written

presentations by Mr. Calabrese and the

staff, which may be subject to

supplementation to accommodate the

grant of any intervention petition or

request to participate by an interested

governmental entity. After receiving the

parties’ written presentations, pursuant

to 10 CFR §§ 2.1233(a), 2.1235, the

Presiding Officer may submit written

questions to the parties or any interested

governmental entity or provide an

opportunity for oral presentations by

any party or interested governmental

entity, which may include oral

questioning of witnesses by the

Presiding Officer.

Documents relating to this proceeding

are available for public inspection at the

Commission’s Public Document Room,

the Gelman Building, 2120 L Street,

NW., Washington, DC. Also, general

information regarding the conduct of

agency adjudicatory proceedings,

including the provisions of 10 CFR Part

2, Subpart L, can be found by accessing

the Atomic Safety and Licensing Board

Panel’s World Wide Web home page at

the following case-sensitive universal

resource locator (URL): http://

www.nrc.gov/NRC/ASLBP/

homepage.htm.

Dated: April 8, 1997, Rockville, Maryland.

G. Paul Bollwerk, III,

Administrative Judge.

[FR Doc. 97–9556 Filed 4–11–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–346]

Toledo Edison Company; Centerior

Service Company; and the Cleveland

Electric Illuminating Company; Notice

of Consideration of Approval of

Application Regarding Proposed

Corporate Restructuring

Notice is hereby given that the United

States Nuclear Regulatory Commission

(the Commission) is considering

approval by issuance of an order under

10 CFR 50.80 of an application

concerning the proposed merger

between the Centerior Energy

Corporation (the parent corporation for

the Toledo Edison Company, The

Cleveland Electric Illuminating

Company (CEI), and the Centerior

Service Company (CSC), licensees for

Davis-Besse Nuclear Power Station, Unit

No. 1) and the Ohio Edison Company.

Davis-Besse is a nuclear-powered

generating facility that is owned and

operated in accordance with Facility

Operating License No. NPF–3.

By letter dated December 13, 1996,

the Toledo Edison Company, CEI, and

CSC informed the Commission of, and

are seeking consent regarding, a

proposed merger of the Centerior Energy

Corporation and the Ohio Edison

Company resulting in the formation of

a new single-holding company,

FirstEnergy Corporation. Under the

proposed merger, the Toledo Edison

Company, CEI, CSC, and the Ohio

Edison Company will become whollyowned subsidiaries of FirstEnergy

Corporation. The current licensees will

continue to hold the license, and no

direct transfer of the license will result

from the merger.

According to the application, the

merger will have no adverse effect on

either the technical management or

operation of the Davis-Besse plant. The

technical management and nuclear

organization of the plant operators, the

Toledo Edison Company and CSC, will

continue to remain responsible for plant

operation and maintenance after the

merger.

Pursuant to 10 CFR 50.80, the

Commission may approve the transfer of

control of a license after notice to

interested persons. Such approval is

contingent upon the Commission’s

determination that the holder of the

license following the transfer is

qualified to hold the license and that the

transfer is otherwise consistent with

applicable provisions of law,

regulations, and orders of the

Commission.