[Federal Register: December 9, 1999 (Volume 64, Number 236)]
[Notices]               
[Page 69045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de99-124]                         

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-607]

 
McClellan Nuclear Radiation Center Department of the Air Force; 
Notice of Consideration of Approval of Transfer of Facility Operating 
License and Issuance of Conforming Amendment, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
transfer of Facility Operating License No. R-130 for the McClellan 
Nuclear Radiation Center (MNRC) currently held by the Department of the 
Air Force, as owner and licensed operator of the MNRC. The transfer 
would be to the Regents of the University of California. The Commission 
is also considering amending the license for administrative purposes to 
reflect the proposed transfer.
    According to an application for approval filed by the Department of 
the Air Force and the Regents of the University of California, the 
Regents of the University of California would assume title to the 
facility following approval of the proposed license transfer, and would 
be responsible for the operation, maintenance, and eventual 
decommissioning of the MNRC. No physical changes to the MNRC facility 
or operational changes are being proposed in the application.
    The proposed amendment would replace references to the Department 
of the Air Force in the license with references to the Regents of the 
University of California to reflect the proposed transfer.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The Commission will approve an application for the transfer of 
a license, if the Commission determines that the proposed transferee is 
qualified to hold the license, and that the transfer is otherwise 
consistent with applicable provisions of law, regulations, and orders 
issued by the Commission pursuant thereto.
    Before issuance of the proposed conforming 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.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    By December 29, 1999, any person whose interest may be affected by 
the Commission's action on the application may request a hearing, and, 
if not the applicants, may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In addition, an 
untimely request or petition should address the factors that the 
Commission will also consider, in reviewing untimely requests or 
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Colonel Robert Gibson, SM-ALC/JA, 5219 Arnold Avenue, 
McClellan AFB, Sacramento, California 95652-1085, and Kevin M. Smith, 
Vice Chancellor for Research, Office of the Vice Chancellor for 
Research, Mark Hall, University of California, One Shields Avenue, 
Davis, California 95616, attorneys for the licensees; the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555 (e-
mail address for license transfer cases only: OGCLT@NRC.gov); and the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff, in accordance with 10 CFR 2.1313.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, by January 10, 2000, persons may submit written comments 
regarding the license transfer application, as provided for in 10 CFR 
2.1305. The Commission will consider and, if appropriate, respond to 
these comments, but such comments will not otherwise constitute part of 
the decisional record. Comments should be submitted to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
Attention: Rulemakings and Adjudications Staff, and should cite the 
publication date and page number of this Federal Register notice.
    For further details with respect to this action, see the 
application dated April 13, 1999, as supplemented on July 19 and August 
4, 1999, available for public inspection at the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.

    Dated at Rockville, Maryland this 2nd day of December 1999.

    For the Nuclear Regulatory Commission.
Ledyard B. Marsh,
Chief, Events Assessment, Generic Communications and Non-Power Reactor 
Branch, Division of Regulatory Improvement Programs, Office of Nuclear 
Reactor Regulation.
[FR Doc. 99-31921 Filed 12-8-99; 8:45 am]
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