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General Electric Company, Morris Operation; Notice of Docketing, Notice of Consideration of Issuance, and Notice of Opportunity for a Hearing for the Renewal of Materials License SNM-2500 for the Morris Operation Independent Spent Fuel Storage Installation

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 [Federal Register: October 19, 2000 (Volume 65, Number 203)]
[Notices]
[Page 62766-62767]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc00-132]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1]


General Electric Company, Morris Operation; Notice of Docketing,
Notice of Consideration of Issuance, and Notice of Opportunity for a
Hearing for the Renewal of Materials License SNM-2500 for the Morris
Operation Independent Spent Fuel Storage Installation

    The Nuclear Regulatory Commission (NRC or Commission) is
considering a renewal application dated May 22, 2000, of a materials
license under the provisions of 10 CFR Part 72, from General Electric
Company (GE) for renewal of its Morris Operation independent spent fuel
storage installation (ISFSI) license (SNM-2500). GE has owned and
operated Morris Operations since its construction under Atomic Energy
Commission Provisional Construction Permit No. CPCSF-3 issued in
December 1967, as a spent fuel reprocessing facility, and specifically
as an ISFSI for the last 18 years under the current NRC License SNM-
2500. This application was docketed under 10 CFR Part 72; the ISFSI
Docket No. is 72-1 and will remain the same for this action. The GE
Morris Operation is located in Gooselake Township, Grundy County,
Morris, Illinois, near the confluence of the Kankakee and Des Plaines
Rivers. If granted, the license will authorize the applicant to
continue to store spent fuel in a wet storage facility for a term of
twenty (20) years.
    Prior to issuance of the requested license renewal, 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 issuance of
the materials license will not be approved until the NRC has reviewed
the application and has concluded that renewal of the license will not
be inimical to the common defense and security and will not constitute
an unreasonable risk to the health and safety of the public. The NRC
will complete an environmental evaluation, in accordance with 10 CFR
Part 51, to determine if the preparation of an environmental impact
statement is warranted or if an environmental assessment and finding of
no significant impact are appropriate. This action will be the subject
of a subsequent notice in the Federal Register. Pursuant to 10 CFR
2.105, by November 20, 2000, 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

[[Page 62767]]

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,
the NRC 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. In the event that no request for
hearing or petition for leave to intervene is filed by the above date,
the NRC may, upon satisfactory completion of all required evaluations,
issue the materials license renewal 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
the 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, but 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
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.
    A request for a hearing or petition for leave to intervene must be
filed with the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, Attention: Document Control Desk or
may be delivered to the Commission's Public Document Room, One White
Flint North Building, 11555 Rockville Pike, Rockville, MD, 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 (800-368-5642 Extension 415-8500) call
to E. William Brach, Director, Spent Fuel Project Office, Office of
Nuclear Material Safety and Safeguards, with the following message:
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 Mr. James E. Ellis, Manager, Morris Operations, General
Electric Company, 7555 East Collins Road, Morris, IL 60540, for the
applicant.
    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 application, see the
application dated May 22, 2000, which is available for public
inspection at the Commission's Public Document Room, One White Flint
North Building, 11555 Rockville Pike, Rockville, MD or from the
publicly available records component of NRC's document system (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/NRC/
ADAMS/index.html (the Public Electronic Reading Room).

    Dated at Rockville, Maryland, this 11th day of October 2000.

    For the Nuclear Regulatory Commission.
E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 00-26885 Filed 10-18-00; 8:45 am]
BILLING CODE 7590-01-P

 
 

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