27144 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Notices

and hold discussions with

representatives of the NRC staff and the

Nuclear Energy Institute (NEI) regarding

several fire-protection related issues,

including the NEI petition for

rulemaking to amend portions of 10 CFR

50.48, ‘‘Fire Protection’’, status of the

staff’s Fire Protection Action Plan,

adequacy of fire barrier penetration

seals, and the fire event at the Narora

nuclear plant in India.

A portion of this session may be

closed to discuss information provided

in confidence by a foreign source.

2:30 p.m.–3:15 p.m.: Report of the

Planning and Procedures Subcommittee

(Open/Closed)—The Committee will

hear a report of the Planning and

Procedures Subcommittee on matters

related to the conduct of ACRS business

and internal organizational and

personnel matters relating to the ACRS

staff members.

A portion of this session may be

closed to discuss matters that relate

solely to internal personnel rules and

practices of this Advisory Committee,

and matters the release of which would

constitute a clearly unwarranted

invasion of personal privacy.

3:15 p.m.–3:30 p.m.: Reconciliation of

ACRS Comments and

Recommendations (Open)—The

Committee will discuss responses

expected from the NRC Executive

Director for Operations to ACRS

comments and recommendations

included in recent ACRS reports.

3:45 p.m.–4:30 p.m.: Future ACRS

Activities (Open)—The Committee will

select topics for consideration during

future ACRS meetings.

4:30 p.m.–6:30 p.m.: Preparation of

ACRS Reports (Open)—The Committee

will continue its discussion of proposed

ACRS reports on matters considered

during this meeting.

Saturday, June 10, 1995

8:30 a.m.–11:30 a.m.: Preparation of

ACRS Reports (Open)—The Committee

will continue its discussion of proposed

ACRS reports on matters considered

during this meeting.

11:30 a.m.–12:30 p.m.: Strategic

Planning (Open)—The Committee will

discuss items that are of importance to

the NRC which should receive

additional emphasis in its future

deliberations.

12:30 p.m.–12:45 p.m.: New Research

Needs (Open)—The Committee will

discuss new research needs, if any,

identified during this meeting.

12:45 p.m.–1:00 p.m.: Miscellaneous

(Open)—The Committee will discuss

miscellaneous matters related to the

conduct of Committee activities.

Procedures for the conduct of and

participation in ACRS meetings were

published in the Federal Register on

October 5, 1994 (59 FR 50780). In

accordance with these procedures, oral

or written statements may be presented

by members of the public, electronic

recordings will be permitted only

during the open portions of the meeting,

and questions may be asked only by

members of the Committee, its

consultants, and staff. Persons desiring

to make oral statements should notify

the ACRS Executive Director, Dr. John

T. Larkins, at least five days before the

meeting if possible, so that appropriate

arrangements can be made to allow the

necessary time during the meeting for

such statements. Use of still, motion

picture, and television cameras during

this meeting may be limited to selected

portions of the meeting as determined

by the Chairman. Information regarding

the time to be set aside for this purpose

may be obtained by contacting the

ACRS Executive Director prior to the

meeting. In view of the possibility that

the schedule for ACRS Meetings may be

adjusted by the Chairman as necessary

to facilitate the conduct of the meeting,

persons planning to attend should check

with the ACRS Executive Director if

such rescheduling would result in major

inconvenience.

In accordance with Subsection 10(d)

Public Law 92–463, I have determined

that it is necessary to close portions of

this meeting noted above to discuss

information that involves the internal

personnel rules and practices of this

Advisory Committee per 5 U.S.C.

552b(c)(2); to discuss information the

release of which would constitute a

clearly unwarranted invasion of

personal privacy per 5 U.S.C. 552(c)(6);

and to discuss information provided in

confidence by a foreign source per 5

U.S.C. 552b(c)(4).

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 the ACRS

Executive Director, Dr. John T. Larkins

(telephone 301–415–7361), between

7:30 a.m. and 4:15 p.m. edt.

Dated: May 18, 1995.

John C. Hoyle,

Acting Advisory Committee Management

Officer.

[FR Doc. 95–12467 Filed 5–19–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket No. 50–313]

Arkansas Nuclear One, Unit 1; Notice

of Consideration of Issuance of

Amendment to Facility Operating

License, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an amendment

to Facility Operating License No. 50–

313, issued to Entergy Operations Inc.

(the licensee), for operation of Arkansas

Nuclear One, Unit 1 (ANO–1) located in

Pope County Arkansas.

The proposed amendment would

modify the operability requirements

related to the reactor building

(containment) emergency cooling

system. Following failure of one of four

reactor building cooling fans, the

licensee reconfigured the reactor

building cooling air and water flows to

ensure that the system could cool the

reactor building after a design basis loss

of coolant accident. The licensee

requested an exigent Technical

Specification (TS) change to include the

reconfigured reactor building cooling

system in the TS as an authorized

configuration. NRC granted enforcement

discretion on May 12, 1995 to allow the

facility to continue operation while this

exigent TS is processed.

Before issuance of the proposed

license amendment, the Commission

will have made findings required by the

Atomic Energy Act of 1954, as amended

(the Act) and the Commission’s

regulations.

Pursuant to 10 CFR 50.91(a)(6) for

amendments to be granted under

exigent circumstances, the NRC staff

must determine that the amendment

request involves no significant hazards

consideration. Under the Commission’s

regulations in 10 CFR 50.92, this means

that operation of the facility in

accordance with the proposed

amendment would not (1) Involve a

significant increase in the probability or

consequences of an accident previously

evaluated; or (2) create the possibility of

a new or different kind of accident from

any accident previously evaluated; or

(3) involve a significant reduction in a

margin of safety. As required by 10 CFR

50.91(a), the licensee has provided its

analysis of the issue of no significant

hazards consideration, which is

presented below:

Criterion 1: Involves a significant increase

in the probability or consequences of an

accident previously evaluated.

The Reactor Building Emergency Cooling

system is not an initiator of any accident

described in the ANO–1 Safety Analysis

Report. The engineering evaluation discussed
Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Notices 27145

above verifies that the green train of the

Reactor Building Emergency Cooling system

remains operable and capable of performing

its design function under all postulated

accident conditions. Therefore, the

probability or consequences of any

previously evaluated accident is not

increased.

Criterion 2: Create the possibility of a new

or different kind of accident from any

accident previously evaluated.

The subject request does not create the

possibility of a new or different kind of

accident from any previously evaluated since

the green train of the Reactor Building

Emergency Cooling system remains operable

and because the reactor building coolers and

their associated surveillances are not related

to the creation of accidents.

Criterion 3: Involve a significant reduction

in a margin of safety.

The subject request does not involve a

significant reduction in a margin of safety

since both trains of the Reactor Building

Emergency Cooling system remain operable.

The current configuration represents a

reduction in available flow; however, this is

not considered significant since required heat

removal capability is still maintained.

The NRC staff has reviewed the

licensee’s analysis and, based on this

review, it appears that the three

standards of 10 CFR 50.92(c) are

satisfied. Therefore, the NRC staff

proposes to determine that the

amendment request involves no

significant hazards consideration.

The Commission is seeking public

comments on this proposed

determination. Any comments received

within 15 days after the date of

publication of this notice will be

considered in making any final

determination.

Normally, the Commission will not

issue the amendment until the

expiration of the 15-day notice period.

However, should circumstances change

during the notice period, such that

failure to act in a timely way would

result, for example, in derating or

shutdown of the facility, the

Commission may issue the license

amendment before the expiration of the

15-day notice period, provided that its

final determination is that the

amendment involves no significant

hazards consideration. The final

determination will consider all public

and State comments received. Should

the Commission take this action, it will

publish in the Federal Register a notice

of issuance. The Commission expects

that the need to take this action will

occur very infrequently.

Written comments may be submitted

by mail to the Rules Review and

Directives Branch, Division of Freedom

of Information and Publications

Services, Office of Administration, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, and should cite

the publication date and page number of

this Federal Register notice. Written

comments may also be delivered to

Room 6D22, Two White Flint North,

11545 Rockville Pike, Rockville,

Maryland, from 7:30 a.m. to 4:15 p.m.

Federal workdays. Copies of written

comments received may be examined at

the NRC Public Document Room, the

Gelman Building, 2120 L Street, NW.,

Washington, DC.

The filing of requests for hearing and

petitions for leave to intervene is

discussed below.

By June 21, 1995, the licensee may

file a request for a hearing with respect

to issuance of the amendment to the

subject facility operating license 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 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. Interest 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

Tomlinson Library, Arkansas Tech

University, Russellville, Arkansas

72801. 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.

If the amendment is issued before the

expiration of the 30-day hearing period,

the Commission will make a final

determination on the issue of no

significant hazards consideration. If a

hearing is requested, 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
27146 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Notices

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, 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

[APPROPRIATE PD]: 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, and to Nicholas

S. Reynolds, Esquire, Winston and

Strawn, 1400 L Street, N.W.,

Washington, D.C. 20005–3502, 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 15, 1995, 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

Tomlinson Library, Arkansas Tech

University, Russellville, Arkansas

72801.

Dated at Rockville, Maryland, this 16th day

of May 1995.

For the Nuclear Regulatory Commission.

George Kalman,

Senior Project Manager, Project Directorate

IV–1, Division of Reactor Projects—III/IV

Office of Nuclear Reactor Regulation.

[FR Doc. 95–12470 Filed 5–19–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket No.: 70–00033]

Notice of Receipt of Amendment

Request for Decommissioning the

Texas Instruments, Inc., Site in

Attleboro, Massachusetts and

Opportunity for a Hearing

SUMMARY: This is a notice to inform the

public that the U.S. Nuclear Regulatory

Commission is considering issuance of

an amendment to Special Nuclear

Material License No. SNM–23, issued to

Texas Instruments, Inc. for possession of

special nuclear material and

decommissioning of the licensee’s site

in Attleboro, Massachusetts. Successful

implementation of the amendment

would lead to completion of

decommissioning, termination of the

license, and release of the Attleboro site

for unrestricted use.

DATES: The NRC hereby provides notice

of an opportunity for a hearing on the

license amendment under the

provisions of 10 CFR Part 2, Subpart L,

‘‘Informal Hearing Procedures for

Adjudications in Materials and Operator

Licensing Proceedings.’’ Pursuant to

§ 2.1205(a), any person whose interest

may be affected by this proceeding may

file a request for a hearing in accordance

with § 2.1205(c). A request for a hearing

must be filed within thirty (30) days of

the date of publication of this Federal

Register notice.

ADDRESSES: Written comments on the

amendment request should be sent to

USNRC, Region I, Attn: Mark Roberts,

Senior Health Physicist, 475 Allendale

Road, King of Prussia, Pennsylvania

19406 and should refer to Control No.

121534. Hand deliver comments to 475

Allendale Road, King of Prussia, PA

19406 between 7:45 a.m. and 4:15 p.m.

on Federal workdays.

In addition to meeting other

applicable requirements of 10 CFR Part

2 of the NRC’s regulations, a request for

a hearing filed by a person other than

an applicant must describe in detail:

(1) The interest of the requestor in the

proceeding;

(2) How that interest may be affected

by the results of the proceeding,

including the reasons why the requestor

should be permitted a hearing, with

particular reference to the factors set out

in § 2.1205(g);

(3) The requestor’s areas of concern

about the licensing activity that is the

subject matter of the proceeding; and

(4) The circumstances establishing

that the request for a hearing is timely

in accordance with § 2.1205(c).

In accordance with 10 CFR 2.1205(e),

each request for a hearing must also be

served, by delivering it personally or by

mail, to:

(1) The applicant, Texas Instruments,

Inc., 34 Forest Street, Attleboro,

Massachusetts 02703, Attention:

Michael Elliott; and

(2) The NRC staff, by delivery to the

Executive Director for Operations, One

White Flint North, 11555 Rockville

Pike, Rockville, MD 20852 or by mail

addressed to the Executive Director for

Operations, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT:

Mark Roberts, Division of Radiation

Safety and Safeguards, Region I, 475

Allendale Road, King of Prussia, PA

19406, Telephone: (610) 337–5094.

SUPPLEMENTARY INFORMATION: The

licensee (Texas Instruments, Inc.)

requested an amendment, by letter

dated December 19, 1994, to approve

the Supplement to the 1992

Remediation Plan (the Supplement)

submitted with the letter. Texas

Instruments, Inc. has been remediating

portions of the Attleboro facility since it

terminated active operations with

licensed material in 1981. The NRC staff

has reviewed and approved various

remediation activities throughout that

time, most recently the 1992

Remediation Plan for the Building 12

Burial Area on August 26, 1992. The

request before the NRC at this time is to

approve the Supplement which, if

properly implemented and completed,

will lead to release of the Attleboro site

for unrestricted use and termination of

the license.

The staff of the NRC’s Region I

Division of Radiation Safety and

Safeguards has reviewed the adequacy

of the amendment request and has asked

the licensee to provide additional

information and commitments.

However, the staff expects the

commitments to be forthcoming and

that satisfactory information will be

supplied. Therefore, the NRC staff

anticipates approval of the Supplement

based on receipt and review of the

additional information.

NRC is inviting public comment on

the amendment request prior to acting

on the request. NRC considers public

involvement more meaningful at this

stage prior to authorizing final

decommissioning activities at the site

than if it were offered immediately prior