The Ohio State University Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of the Ohio State University Research Reactor Facility License No. R-75 for an Additional 20-Year Period, 43818-43819 [E6-12439]

Download as PDF 43818 Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices NUCLEAR REGULATORY COMMISSION [Docket No. 50–150] wwhite on PROD1PC61 with NOTICES The Ohio State University Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of the Ohio State University Research Reactor Facility License No. R–75 for an Additional 20-Year Period The Nuclear Regulatory Commission (NRC or the Commission) is considering an application for the renewal of Facility License No. R–75, which authorizes the Ohio State University (OSU) (the licensee) to operate the Ohio State University Research Reactor (OSURR) at 500 kilowatts thermal power. The renewed license would authorize the applicant to operate the OSURR for an additional 20-years beyond the period specified in the current license. The current license for the OSURR expired on February 3, 2000. On December 15, 1999, and supplemented on August 21, 2002, the Commission’s staff received an application from OSU filed pursuant to 10 CFR Part 50.51(a), to renew Facility License No. R–75 for the OSURR. Because the license renewal application was filed in a timely manner in accordance with 10 CFR 2.109, the license will not be deemed to have expired until the license renewal application has been finally determined. The Commission’s staff has determined that OSU has submitted sufficient information in accordance with 10 CFR 50.33 and 50.34 that the application is acceptable for docketing. The current Docket No. 50–150 for Facility License No. R–75, will be retained. The docketing of the renewal application does not preclude requesting additional information as the review proceeds, nor does it predict whether the Commission will grant or deny the application. Prior to a decision to renew the license, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s rules and regulations. Within thirty (30) days after the date of publication of this Federal Register Notice, the applicant may file a request for a hearing, 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 renewal of the license. Requests for a hearing and a petition for leave to intervene shall be VerDate Aug<31>2005 16:40 Aug 01, 2006 Jkt 208001 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 2.309, which is available at the Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 and is accessible from the Agency Public Electronic Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/ doc-collections/cfr. Persons who do not have access to the NRC web site or who encounter problems in accessing the documents located in the Electronic Reading Room should contact the NRC’s PDR reference staff at 1–800–397–4209, or by email at pdr@nrc.gov. If a request for a hearing or a petition for leave to intervene is filed within the 30-day period, the Commission or a presiding officer designated by the Commission or by the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel will rule on the request and/or petition; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order. In the event that no request for a hearing or petition for leave to intervene is filed within the 30-day period, the NRC may, upon completion of its evaluations and upon making the findings required under 10 CFR Parts 50 and 51, renew the license without further notice. As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with the particular interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition must specifically explain the reasons why intervention should be permitted with particular reference to the following factors: (1) The nature of the requestor’s/petitioner’s right under the Atomic Energy Act to be made a party to the proceeding; (2) the nature and extent of the requestor’s/petitioner’s property, financial, or other interest in the proceeding; and (3) the possible effect of any decision or order which may be entered in the proceeding on the requestor’s/petitioner’s interest. The petition must also set forth the specific contentions which the petitioner/ requestor seeks to have litigated at the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the requestor/petitioner shall provide a brief explanation of the bases of each contention and a concise statement of the alleged facts or the PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 expert opinion that supports the contention on which the requestor/ petitioner intends to rely in proving the contention at the hearing. The requestor/petitioner must also provide references to those specific sources and documents of which the requestor/ petitioner is aware and on which the requestor/petitioner intends to rely to establish those facts or expert opinion. The requestor/petitioner must provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact.1 Contentions shall be limited to matters within the scope of the action under consideration. The contention must be one that, if proven, would entitle the requestor/petitioner to relief. A requestor/petitioner who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. Technical—primarily concerns/ issues relating to technical and/or health and safety matters discussed or referenced in the applicant’s safety analysis for the OSURR license renewal application. 2. Environmental—primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the license renewal application. 3. Miscellaneous—does not fall into one of the categories outlined above. As specified in 10 CFR 2.309, if two or more requestors/petitioners seek to co-sponsor a contention, the requestors/ petitioners shall jointly designate a representative who shall have the authority to act for the requestors/ petitioners with respect to that contention. If a requestor/petitioner seeks to adopt the contention of another sponsoring requestor/petitioner, the requestor/petitioner who seeks to adopt the contention must either agree that the sponsoring requestor/petitioner shall act as the representative with respect to that contention, or jointly designate with the sponsoring requestor/petitioner a representative who shall have the authority to act for the requestors/ petitioners with respect to that contention. 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 1 To the extent that the applications contain attachments and supporting documents that are not publicly available because they are asserted to contain safeguards or proprietary information, petitioners desiring access to this information should contact the applicant or applicant’s counsel and discuss the need for a protective order. E:\FR\FM\02AUN1.SGM 02AUN1 wwhite on PROD1PC61 with NOTICES Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Notices participate fully in the conduct of the hearing. A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at 301–415–1101, verification number is 301–415–1966. A copy of the request for hearing and petition for leave to intervene must also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to the licensee. The licensee’s contact for this is Dr. William A. Baeslack, III, Dean, College of Engineering, 142A Hitchcock Hall, The Ohio State University, 2070 Neil Avenue, Columbus, OH 43210. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition, request and/or contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). Detailed guidance which the NRC uses to review applications for the renewal of non-power reactor licenses can be found in the document NUREG– 1537, entitled ‘‘Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors,’’ can be obtained from the Commission?s PDR. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The detailed review guidance (NUREG–1537) may be accessed through the NRC’s Public Electronic Reading Room on the Internet at https://www.nrc.gov/reading-rm/ adams.html under ADAMS accession number ML042430055 for part one and VerDate Aug<31>2005 16:40 Aug 01, 2006 Jkt 208001 43819 PSEG Nuclear LLC; Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing make the SRs on the above instruments better aligned with NUREG–1431, ‘‘Standard Technical Specifications, Westinghouse Plants,’’ and with Technical Specification Task Force Traveler 108, ‘‘Eliminate the 12 hour [Channel Operational Test] on power range and intermediate range channels for Physics Test Exceptions.’’ Specifically, the frequency of the CFTs for the intermediate range, source range, and power range monitors would be changed to be more consistent with NUREG–1431. Before issuance of the proposed license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. The Commission has made a proposed determination that the amendment request involves no significant hazards consideration. Under the Commission’s regulations in Title 10 of the Code of Federal Regulations (10 CFR), Section 50.92, this means that operation of the facility in accordance with the proposed amendments would not (1) Involve a significant increase in the probability or consequences of an accident previously evaluated; (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: The U.S. Nuclear Regulatory Commission (NRC or the Commission) is considering issuance of amendments to Facility Operating License Nos. DPR– 70 and DPR–75 issued to PSEG Nuclear LLC (the licensee) for operation of the Salem Nuclear Generating Station (Salem), Unit Nos. 1 and 2, located in Salem County, NJ. The proposed amendments would revise the Technical Specifications (TSs) to delete Surveillance Requirement (SR) 4.9.2.b, which requires performance of a channel functional test (CFT) of each source range neutron flux monitor within 8 hours prior to the initial start of core alterations. An associated administrative change would renumber current SR 4.9.2.c as SR 4.9.2.b. The amendments would also eliminate the restriction in SRs 4.10.3.2 and 4.10.4.2 that the CFTs of the intermediate and power range monitors be performed within 12 hours prior to initiating physics tests. The amendments would also make changes to TS Table 4.3–1 to 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No The proposed changes do not affect the design, operational characteristics, function, or reliability of the source range, intermediate range, or power range monitors. A channel functional test for the source range, intermediate range, or power range monitors will continue to be performed at a frequency that has been determined to be sufficient for verification that the monitors are properly functioning. The proposed changes eliminate extraneous and unnecessary performance of a channel functional test for the source range, intermediate range, or power range monitors. A channel functional test for the source range, intermediate range, or power range monitors is not a precursor to, or assumed to be an initiator of any analyzed accident. Therefore, these proposed changes do not involve a significant increase in the probability of an accident. The consequences of accidents previously evaluated in the Updated Final Safety Analysis Report are unaffected by the proposed changes because no change to any ML042430048 for part two. Copies of the application to renew the facility license for the OSURR are available for public inspection at the Commission?s PDR, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20855–2738. The initial application also may be accessed through the NRC’s Public Electronic Reading Room, at the address mentioned above, under ADAMS accession number ML053400287 (Redacted Version). Persons who do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, may contact the NRC Public Document Room Reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 5th day of June 2006. For the Nuclear Regulatory Commission. Brian E. Thomas, Branch Chief, Research and Test Reactors Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. E6–12439 Filed 8–1–06; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–272 and 50–311] PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Notices]
[Pages 43818-43819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12439]



[[Page 43818]]

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-150]


The Ohio State University Notice of Acceptance for Docketing of 
the Application and Notice of Opportunity for Hearing Regarding Renewal 
of the Ohio State University Research Reactor Facility License No. R-75 
for an Additional 20-Year Period

    The Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for the renewal of Facility License No. R-
75, which authorizes the Ohio State University (OSU) (the licensee) to 
operate the Ohio State University Research Reactor (OSURR) at 500 
kilowatts thermal power. The renewed license would authorize the 
applicant to operate the OSURR for an additional 20-years beyond the 
period specified in the current license. The current license for the 
OSURR expired on February 3, 2000.
    On December 15, 1999, and supplemented on August 21, 2002, the 
Commission's staff received an application from OSU filed pursuant to 
10 CFR Part 50.51(a), to renew Facility License No. R-75 for the OSURR. 
Because the license renewal application was filed in a timely manner in 
accordance with 10 CFR 2.109, the license will not be deemed to have 
expired until the license renewal application has been finally 
determined.
    The Commission's staff has determined that OSU has submitted 
sufficient information in accordance with 10 CFR 50.33 and 50.34 that 
the application is acceptable for docketing. The current Docket No. 50-
150 for Facility License No. R-75, will be retained. The docketing of 
the renewal application does not preclude requesting additional 
information as the review proceeds, nor does it predict whether the 
Commission will grant or deny the application. Prior to a decision to 
renew the license, the Commission will have made findings required by 
the Atomic Energy Act of 1954, as amended (the Act), and the 
Commission's rules and regulations.
    Within thirty (30) days after the date of publication of this 
Federal Register Notice, the applicant may file a request for a 
hearing, 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 renewal of the license. 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 2.309, which is available at the 
Commission's Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852 
and is accessible from the Agency Public Electronic Reading Room on the 
Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-
collections/cfr. Persons who do not have access to the NRC web site or 
who encounter problems in accessing the documents located in the 
Electronic Reading Room should contact the NRC's PDR reference staff at 
1-800-397-4209, or by email at pdr@nrc.gov. If a request for a hearing 
or a petition for leave to intervene is filed within the 30-day period, 
the Commission or a presiding officer designated by the Commission or 
by the Chief Administrative Judge of the Atomic Safety and Licensing 
Board Panel will rule on the request and/or petition; and the Secretary 
or the Chief Administrative Judge of the Atomic Safety and Licensing 
Board will issue a notice of a hearing or an appropriate order. In the 
event that no request for a hearing or petition for leave to intervene 
is filed within the 30-day period, the NRC may, upon completion of its 
evaluations and upon making the findings required under 10 CFR Parts 50 
and 51, renew the license without further notice.
    As required by 10 CFR 2.309, a petition for leave to intervene 
shall set forth with the particular interest of the petitioner in the 
proceeding, and how that interest may be affected by the results of the 
proceeding. The petition must specifically explain the reasons why 
intervention should be permitted with particular reference to the 
following factors: (1) The nature of the requestor's/petitioner's right 
under the Atomic Energy Act to be made a party to the proceeding; (2) 
the nature and extent of the requestor's/petitioner's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any decision or order which may be entered in the proceeding 
on the requestor's/petitioner's interest. The petition must also set 
forth the specific contentions which the petitioner/requestor seeks to 
have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases of 
each contention and a concise statement of the alleged facts or the 
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the requestor/petitioner is aware and on 
which the requestor/petitioner intends to rely to establish those facts 
or expert opinion. The requestor/petitioner must provide sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact.\1\ Contentions shall be limited to 
matters within the scope of the action under consideration. The 
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
---------------------------------------------------------------------------

    \1\ To the extent that the applications contain attachments and 
supporting documents that are not publicly available because they 
are asserted to contain safeguards or proprietary information, 
petitioners desiring access to this information should contact the 
applicant or applicant's counsel and discuss the need for a 
protective order.
---------------------------------------------------------------------------

    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns/issues relating to technical and/
or health and safety matters discussed or referenced in the applicant's 
safety analysis for the OSURR license renewal application.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the license 
renewal application.
    3. Miscellaneous--does not fall into one of the categories outlined 
above.
    As specified in 10 CFR 2.309, if two or more requestors/petitioners 
seek to co-sponsor a contention, the requestors/petitioners shall 
jointly designate a representative who shall have the authority to act 
for the requestors/petitioners with respect to that contention. If a 
requestor/petitioner seeks to adopt the contention of another 
sponsoring requestor/petitioner, the requestor/petitioner who seeks to 
adopt the contention must either agree that the sponsoring requestor/
petitioner shall act as the representative with respect to that 
contention, or jointly designate with the sponsoring requestor/
petitioner a representative who shall have the authority to act for the 
requestors/petitioners with respect to that contention.
    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

[[Page 43819]]

participate fully in the conduct of the hearing. A request for a 
hearing or a petition for leave to intervene must be filed by: (1) 
First class mail addressed to the Office of the Secretary of the 
Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemaking and Adjudications Staff; (2) courier, 
express mail, and expedited delivery services: Office of the Secretary, 
Sixteenth Floor, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852, Attention: Rulemaking and Adjudications 
Staff; (3) E-mail addressed to the Office of the Secretary, U.S. 
Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile 
transmission addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC, Attention: Rulemakings and 
Adjudications Staff at 301-415-1101, verification number is 301-415-
1966. A copy of the request for hearing and petition for leave to 
intervene must also be sent to the Office of the General Counsel, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, and it is 
requested that copies be transmitted either by means of facsimile 
transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. A 
copy of the request for hearing and petition for leave to intervene 
should also be sent to the licensee. The licensee's contact for this is 
Dr. William A. Baeslack, III, Dean, College of Engineering, 142A 
Hitchcock Hall, The Ohio State University, 2070 Neil Avenue, Columbus, 
OH 43210.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition, 
request and/or contentions should be granted based on a balancing of 
the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    Detailed guidance which the NRC uses to review applications for the 
renewal of non-power reactor licenses can be found in the document 
NUREG-1537, entitled ``Guidelines for Preparing and Reviewing 
Applications for the Licensing of Non-Power Reactors,'' can be obtained 
from the Commission?s PDR. The NRC maintains an Agencywide Documents 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. The detailed review guidance (NUREG-
1537) may be accessed through the NRC's Public Electronic Reading Room 
on the Internet at https://www.nrc.gov/reading-rm/adams.html under 
ADAMS accession number ML042430055 for part one and ML042430048 for 
part two. Copies of the application to renew the facility license for 
the OSURR are available for public inspection at the Commission?s PDR, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland, 20855-2738. The initial application also may be 
accessed through the NRC's Public Electronic Reading Room, at the 
address mentioned above, under ADAMS accession number ML053400287 
(Redacted Version). Persons who do not have access to ADAMS, or if 
there are problems in accessing the documents located in ADAMS, may 
contact the NRC Public Document Room Reference staff at 1-800-397-4209, 
301-415-4737, or by e-mail to pdr@nrc.gov.

    Dated at Rockville, Maryland, this 5th day of June 2006.

    For the Nuclear Regulatory Commission.
Brian E. Thomas,
Branch Chief, Research and Test Reactors Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. E6-12439 Filed 8-1-06; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.