Notice of Consideration of Amendment Request for Decommissioning of the Pennsylvania Department of Environmental Protection, Quehanna Site, Karthaus, Pennsylvania and Opportunity To Request a Hearing, 29357-29359 [E6-7788]
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Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
cchase on PROD1PC60 with NOTICES
request to OMB and solicitation of
public comment.
SUMMARY: The NRC is preparing a
submittal to OMB for review of
continued approval of information
collections under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
Information pertaining to the
requirement to be submitted:
1. The title of the information
collection: Policy Statement on
Cooperation with States at Commercial
Nuclear Power Plants and Other
Production or Utilization Facilities.
2. Current OMB approval number:
3150–0163.
3. How often the collection is
required: On occasion, when a State
wishes to observe NRC inspections or
perform inspections for NRC.
4. Who is required or asked to report:
Those States interested in observing or
performing inspections.
5. The number of annual respondents:
66 (50 nuclear facility + 16 materials
security licensees).
6. The number of hours needed
annually to complete the requirement or
request: 1,540 hours (23.33 hours per
respondent).
7. Abstract: States wishing to enter
into an agreement with NRC to observe
or participate in NRC inspections at
nuclear power facilities or conduct
materials security inspections against
NRC Orders are requested to provide
certain information to the NRC to ensure
close cooperation and consistency with
the NRC inspection program as
specified by the Commission’s Policy of
Cooperation with States at Commercial
Nuclear Power Plants and Other Nuclear
Production or Utilization Facilities and
section 274i of the Atomic Energy Act,
as amended.
Submit, by July 21, 2006, comments
that address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection be minimized,
including the use of automated
collection techniques or other forms of
information technology?
A copy of the draft supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
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site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Brenda Jo. Shelton (T–5 F52),
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, by
telephone at 301–415–7233, or by
Internet electronic mail to
INFOCOLLECTS@NRC.GOV.
29357
A request for a hearing must be
filed by July 21, 2006.
FOR FURTHER INFORMATION CONTACT:
James Kottan, Project Manager,
Decommissioning Branch, Division of
Nuclear Materials Safety, Region I, U.S.
Nuclear Regulatory Commission, King
of Prussia, PA 19406. Telephone: (610)
337–5214; fax number: (610) 337–5269;
or e-mail: jjk@nrc.gov.
SUPPLEMENTARY INFORMATION:
decommissioning activities had been
completed, the licensee submitted the
Final Status Survey Report for the site.
In May of 2005, the NRC conducted an
independent confirmatory survey of the
Quehanna Site and determined that the
facility was contaminated in excess of
the limits specified in the NRC
approved DP. Since that time the
licensee has determined that the facility
contained concrete with volumetric
radioactive contamination that migrated
to the surface of the concrete resulting
in the failure of the site to meet the
limits for unrestricted release as
described in the NRC approved DP.
Because the NRC approved DP release
limits were based on surface
contamination, and volumetric
contamination is present at the site, the
NRC approved DP cannot be used to
release the site for unrestricted release.
Therefore, the licensee has submitted to
the NRC a revised DP (revision 4)
incorporating the dose based criteria of
10 CFR 20, Subpart E, Radiological
Criteria for License Termination for
release of the site for unrestricted use.
An NRC administrative review,
documented in a letter to the
Pennsylvania Department of
Environmental Protection dated April
21, 2006, found revision 4 of the DP
acceptable to begin a technical review.
If the NRC approves the DP, the
approval will be documented in an
amendment to NRC License No. 37–
17860–02. However, before approving
the proposed amendment, the NRC will
need to make the findings required by
the Atomic Energy Act of 1954, as
amended, and NRC’s regulations. These
findings will be documented in a Safety
Evaluation Report and an
Environmental Assessment and/or an
Environmental Impact Statement. The
license will be terminated if this
amendment is approved following
completion of decommissioning
activities and verification by the NRC
that the radiological criteria for license
termination have been met.
I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering issuance of a
license amendment to By-Product
Material License No. 37–17860–02
issued to the Pennsylvania Department
of Environmental Protection (the
licensee), to authorize decommissioning
of its Quehanna Facility in Karthaus,
Pennsylvania under revision four of the
licensee’s Decommissioning Plan (DP).
The licensee had been
decommissioning the Quehanna Site in
accordance with the conditions
described in License No. 37–17860–02,
and in February 2005, after
II. Opportunity To Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for a license amendment regarding
decommissioning of the Quehanna Site
located in Karthaus, Pennsylvania. In
accordance with the general
requirements in Subpart C of 10 CFR
Part 2, as amended on January 14, 2004
(69 FR 2182), any person whose interest
may be affected by this proceeding and
who desires to participate as a party
must file a written request for a hearing
and a specification of the contentions
which the person seeks to have litigated
in the hearing.
Dated at Rockville, Maryland, this 12th day
of May 2006.
For the Nuclear Regulatory Commission.
Brenda Jo. Shelton,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. E6–7789 Filed 5–19–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–29288]
Notice of Consideration of Amendment
Request for Decommissioning of the
Pennsylvania Department of
Environmental Protection, Quehanna
Site, Karthaus, Pennsylvania and
Opportunity To Request a Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of amendment request
and opportunity to request a hearing.
AGENCY:
DATE:
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29358
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
In accordance with 10 CFR 2.302 (a),
a request for a hearing must be filed
with the Commission either by:
1. First class mail addressed to: Office
of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC., 20555–0001, Attention:
Rulemakings and Adjudications;
2. Courier, express mail, and
expedited delivery services: Office of
the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852, Attention:
Rulemakings and Adjudications Staff,
between 7:45 a.m. and 4:15 p.m.,
Federal workdays;
3. E-mail addressed to the Office of
the Secretary, U.S. Nuclear Regulatory
Commission,
HEARINGDOCKET@NRC.GOV; or
4. By 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.
In accordance with 10 CFR 2.302 (b),
all documents offered for filing must be
accompanied by proof of service on all
parties to the proceeding or their
attorneys of record as required by law or
by rule or order of the Commission,
including:
1. The applicant, Pennsylvania
Department of Environmental
Protection, Bureau of Radiation
Protection, Rachel Carson State Office
Building, P.O. Box 2063, Harrisburg,
PA, 17105–2063, Attention: David J.
Allard, CHP, Director; and
2. The NRC staff, by delivery to the
Office of the General Counsel, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852, or by mail
addressed to the Office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001. Hearing requests should also be
transmitted to the Office of the General
Counsel, either by means of facsimile
transmission to (301) 415–3725, or by
email to ogcmailcenter@nrc.gov.
The formal requirements for
documents contained in 10 CFR 2.304
(b), (c), (d), and (e), must be met. In
accordance with 10 CFR 2.304 (f), a
document filed by electronic mail or
facsimile transmission need not comply
with the formal requirements of 10 CFR
2.304 (b), (c), and (d), as long as an
original and two (2) copies otherwise
complying with all of the requirements
of 10 CFR 2.304 (b), (c), and (d) are
mailed within two (2) days thereafter to
the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemakings and
Adjudications Staff.
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In accordance with 10 CFR 2.309 (b),
a request for a hearing must be filed by
July 21, 2006.
In addition to meeting other
applicable requirements of 10 CFR
2.309, the general requirements
involving a request for a hearing filed by
a person other than an applicant must
state:
1. The name, address, and telephone
number of the requester;
2. The nature of the requester’s right
under the Act to be made a party to the
proceeding;
3. The nature and extent of the
requester’s property, financial or other
interest in the proceeding;
4. The possible effect of any decision
or order that may be issued in the
proceeding on the requester’s interest;
and
5. The circumstances establishing that
the request for a hearing is timely in
accordance with 10 CFR 2.309 (b).
In accordance with 10 CFR 2.309
(f)(1), a request for hearing or petitions
for leave to intervene must set forth
with particularity the contentions
sought to be raised. For each contention,
the request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of the
application (including the applicant’s
environmental report and safety report)
that the requester/petitioner disputes
and the supporting reasons for each
dispute, or, if the requester/petitioner
believes the application fails to contain
information on a relevant matter as
required by law, the identification of
each failure and the supporting reasons
for the requester’s/petitioner’s belief.
In addition, in accordance with 10
CFR 2.309 (f)(2), contentions must be
based on documents or other
information available at the time the
petition is to be filed, such as the
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application, supporting safety analysis
report, environmental report or other
supporting document filed by an
applicant or licensee, or otherwise
available to the petitioner. On issues
arising under the National
Environmental Policy Act, the
requester/petitioner shall file
contentions based on the applicant’s
environmental report. The requester/
petitioner may amend those contentions
or file new contentions if there are data
or conclusions in the NRC draft, or final
environmental impact statement,
environmental assessment, or any
supplements relating thereto, that differ
significantly from the data or
conclusions in the applicant’s
documents. Otherwise, contentions may
be amended or new contentions filed
after the initial filing only with leave of
the presiding officer.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns
issues relating to matters discussed or
referenced in the Safety Evaluation
Report for the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Emergency Planning—primarily
concerns issues relating to matters
discussed or referenced in the
Emergency Plan as it relates to the
proposed action.
4. Physical Security—primarily
concerns issues relating to matters
discussed or referenced in the Physical
Security Plan as it relates to the
proposed action.
5. Miscellaneous—does not fall into
one of the categories outlined above.
If the requester/petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requester/petitioner
must set forth the contention and
supporting bases, in full, separately for
each category into which the requester/
petitioner asserts the contention belongs
with a separate designation for that
category.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309 (f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so in writing within ten days of the date
the contention is filed, and designate a
representative who shall have the
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Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
authority to act for the requester/
petitioner.
In accordance with 10 CFR 2.309 (g),
a request for hearing and/or petition for
leave to intervene may also address the
selection of the hearing procedures,
taking into account the provisions of 10
CFR 2.310.
III. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are:
Revision 4 of the DP: ML060790152
Inspection Report 030–29288/2005–001:
ML051610344, ML051610355,
ML051610362
Confirmatory Survey Report:
ML051610610
Public Meeting Notice: ML060060065
Public Meeting Summary:
ML060450407
Public Meeting Attendance List:
ML060450390
Public Meeting Summary Attachments:
ML060450457
cchase on PROD1PC60 with NOTICES
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at King of Prussia, Pennsylvania, this
12th day of May 2006.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Decommissioning Branch, Division of
Nuclear Materials Safety Region I.
[FR Doc. E6–7788 Filed 5–19–06; 8:45 am]
BILLING CODE 7590–01–P
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29359
NUCLEAR REGULATORY
COMMISSION
environmental assessment and finding
of no significant impact.
[Docket Nos: STN 50–456; STN 50–457; STN
50–454; STN 50–455; 50–461; 50–10; 50–
237; 50–249; 50–373; 50–374; 50–352; 50–
353; 50–219; 50–171; 50–277; 50–278; 50–
254; 50–265; 50–289; 50–295; 50–304]
Environmental Assessment
Exelon Generation Company, LLC;
Amergen Energy Company, LLC;
Braidwood Station, Units 1 and 2;
Byron Station, Units 1 and 2; Clinton
Power Station, Unit 1; Dresden Nuclear
Power Station, Units 1, 2, and 3;
Lasalle County Station, Units 1 and 2;
Limerick Generating Station, Units 1
And 2; Oyster Creek Nuclear
Generating Station; Peach Bottom
Atomic Power Station, Units 1, 2 and
3; Quad Cities Nuclear Power Station,
Units 1 and 2; Three Mile Island
Nuclear Station, Unit 1; and Zion
Nuclear Power Station, Units 1 and 2;
Environmental Assessment and
Finding of No Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of a schedular exemption from
Title 10 of the Code of Federal
Regulations (10 CFR) Part 50,
§ 50.54(a)(3), for the following facility
operating licenses issued to Exelon
Generation Company, LLC, and
AmerGen Energy Company, LLC (the
licensees) for operation of Facility
Operating License Nos. NPF–72 and
NPF–77 for the Braidwood Station,
Units 1 and 2, located in Will County,
Illinois; NPF–37 and NPF–66 for the
Byron Station, Units 1 and 2, located in
Ogle County, Illinois; NPF–62 for the
Clinton Power Station, Unit 1, located
in DeWitt County, Illinois; DPR–2, DPR–
19, and DPR–25 for the Dresden Nuclear
Power Station, Units 1, 2, and 3, located
in Grundy County, Illinois; NPF–11 and
NPF–18 for the LaSalle County Station,
Units 1 and 2, located in LaSalle
County, Illinois; NPF–39 and NPF–85
for Limerick Generating Station, Units 1
and 2, located in Montgomery County,
Pennsylvania; DPR–16 for Oyster Creek
Nuclear Generating Station, located in
Ocean County, New Jersey; DPR–12,
DPR–44, and DPR–56 for Peach Bottom
Atomic Power Station, Units 1, 2, and
3, located in York and Lancaster
Counties, Pennsylvania; DPR–29 and
DPR–30 for the Quad Cities Nuclear
Power Station, Units 1 and 2, located in
Rock Island County, Illinois; DPR–50 for
the Three Mile Island Nuclear Station,
Unit 1, located in Dauphin County,
Pennsylvania; and DPR–39 and DPR–48
for the Zion Nuclear Power Station,
Units 1 and 2, located in Lake County,
Illinois. Therefore, as required by 10
CFR 51.21, the NRC is issuing this
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Identification of the Proposed Action
The proposed action would exempt
the licensees from the requirements of
10 CFR 50.54(a)(3), pertaining to
submitting periodic quality assurance
topical report (QATR) changes that do
not reduce commitments. The schedule
for submitting QATR changes is
described in 10 CFR 50.71(e)(4), which
requires that changes must be filed
annually or 6 months after each
refueling outage provided the interval
between successive updates does not
exceed 24 months. The licensees are
proposing that changes to the common
QATR that do not reduce commitments
be submitted on a 24-month calendar
schedule, not to exceed 24 months from
the previous submittal. The proposed
schedule for submitting changes to the
common QATR will not be coincident
with any plant’s refueling outage
schedule or Updated Final Safety
Analysis Report periodic updates.
The proposed action is in accordance
with the licensee’s application dated
December 14, 2005.
The Need for the Proposed Action
The proposed action is requested in
order to eliminate a significant
administrative and regulatory burden
that would not serve the underlying
purpose of the rule. The action relates
to the periodic submittal of changes to
the licensees’ common QATR that do
not reduce commitments, are strictly
administrative changes, and which have
no effect on the operation of the
licensees’ nuclear power facilities.
Environmental Impacts of the Proposed
Action
The NRC has completed its evaluation
of the proposed action and concludes
that the proposed exemption is
administrative and would not affect any
plant equipment, operation, or
procedures.
The proposed action will not
significantly increase the probability or
consequences of accidents. No changes
are being made in the types of effluents
that may be released off site. There is no
significant increase in the amount of
any effluent released off site. There is no
significant increase in occupational or
public radiation exposure. Therefore,
there are no significant radiological
environmental impacts associated with
the proposed action.
With regard to potential nonradiological impacts, the proposed
action does not have a potential to affect
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]]>Agencies
[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Pages 29357-29359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7788]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-29288]
Notice of Consideration of Amendment Request for Decommissioning
of the Pennsylvania Department of Environmental Protection, Quehanna
Site, Karthaus, Pennsylvania and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment request and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATE: A request for a hearing must be filed by July 21, 2006.
FOR FURTHER INFORMATION CONTACT: James Kottan, Project Manager,
Decommissioning Branch, Division of Nuclear Materials Safety, Region I,
U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406.
Telephone: (610) 337-5214; fax number: (610) 337-5269; or e-mail:
jjk@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuance of
a license amendment to By-Product Material License No. 37-17860-02
issued to the Pennsylvania Department of Environmental Protection (the
licensee), to authorize decommissioning of its Quehanna Facility in
Karthaus, Pennsylvania under revision four of the licensee's
Decommissioning Plan (DP).
The licensee had been decommissioning the Quehanna Site in
accordance with the conditions described in License No. 37-17860-02,
and in February 2005, after decommissioning activities had been
completed, the licensee submitted the Final Status Survey Report for
the site. In May of 2005, the NRC conducted an independent confirmatory
survey of the Quehanna Site and determined that the facility was
contaminated in excess of the limits specified in the NRC approved DP.
Since that time the licensee has determined that the facility contained
concrete with volumetric radioactive contamination that migrated to the
surface of the concrete resulting in the failure of the site to meet
the limits for unrestricted release as described in the NRC approved
DP. Because the NRC approved DP release limits were based on surface
contamination, and volumetric contamination is present at the site, the
NRC approved DP cannot be used to release the site for unrestricted
release. Therefore, the licensee has submitted to the NRC a revised DP
(revision 4) incorporating the dose based criteria of 10 CFR 20,
Subpart E, Radiological Criteria for License Termination for release of
the site for unrestricted use. An NRC administrative review, documented
in a letter to the Pennsylvania Department of Environmental Protection
dated April 21, 2006, found revision 4 of the DP acceptable to begin a
technical review.
If the NRC approves the DP, the approval will be documented in an
amendment to NRC License No. 37-17860-02. However, before approving the
proposed amendment, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended, and NRC's regulations. These
findings will be documented in a Safety Evaluation Report and an
Environmental Assessment and/or an Environmental Impact Statement. The
license will be terminated if this amendment is approved following
completion of decommissioning activities and verification by the NRC
that the radiological criteria for license termination have been met.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a license amendment regarding decommissioning of the
Quehanna Site located in Karthaus, Pennsylvania. In accordance with the
general requirements in Subpart C of 10 CFR Part 2, as amended on
January 14, 2004 (69 FR 2182), any person whose interest may be
affected by this proceeding and who desires to participate as a party
must file a written request for a hearing and a specification of the
contentions which the person seeks to have litigated in the hearing.
[[Page 29358]]
In accordance with 10 CFR 2.302 (a), a request for a hearing must
be filed with the Commission either by:
1. First class mail addressed to: Office of the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC., 20555-0001, Attention:
Rulemakings and Adjudications;
2. Courier, express mail, and expedited delivery services: Office
of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and
Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal workdays;
3. E-mail addressed to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, HEARINGDOCKET@NRC.GOV; or
4. By 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.
In accordance with 10 CFR 2.302 (b), all documents offered for
filing must be accompanied by proof of service on all parties to the
proceeding or their attorneys of record as required by law or by rule
or order of the Commission, including:
1. The applicant, Pennsylvania Department of Environmental
Protection, Bureau of Radiation Protection, Rachel Carson State Office
Building, P.O. Box 2063, Harrisburg, PA, 17105-2063, Attention: David
J. Allard, CHP, Director; and
2. The NRC staff, by delivery to the Office of the General Counsel,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by
mail addressed to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Hearing requests
should also be transmitted to the Office of the General Counsel, either
by means of facsimile transmission to (301) 415-3725, or by email to
ogcmailcenter@nrc.gov.
The formal requirements for documents contained in 10 CFR 2.304
(b), (c), (d), and (e), must be met. In accordance with 10 CFR 2.304
(f), a document filed by electronic mail or facsimile transmission need
not comply with the formal requirements of 10 CFR 2.304 (b), (c), and
(d), as long as an original and two (2) copies otherwise complying with
all of the requirements of 10 CFR 2.304 (b), (c), and (d) are mailed
within two (2) days thereafter to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff.
In accordance with 10 CFR 2.309 (b), a request for a hearing must
be filed by July 21, 2006.
In addition to meeting other applicable requirements of 10 CFR
2.309, the general requirements involving a request for a hearing filed
by a person other than an applicant must state:
1. The name, address, and telephone number of the requester;
2. The nature of the requester's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requester's property, financial or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requester's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309 (b).
In accordance with 10 CFR 2.309 (f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application (including the applicant's environmental report and safety
report) that the requester/petitioner disputes and the supporting
reasons for each dispute, or, if the requester/petitioner believes the
application fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requester's/petitioner's belief.
In addition, in accordance with 10 CFR 2.309 (f)(2), contentions
must be based on documents or other information available at the time
the petition is to be filed, such as the application, supporting safety
analysis report, environmental report or other supporting document
filed by an applicant or licensee, or otherwise available to the
petitioner. On issues arising under the National Environmental Policy
Act, the requester/petitioner shall file contentions based on the
applicant's environmental report. The requester/petitioner may amend
those contentions or file new contentions if there are data or
conclusions in the NRC draft, or final environmental impact statement,
environmental assessment, or any supplements relating thereto, that
differ significantly from the data or conclusions in the applicant's
documents. Otherwise, contentions may be amended or new contentions
filed after the initial filing only with leave of the presiding
officer.
Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Safety Evaluation Report for the
proposed action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
5. Miscellaneous--does not fall into one of the categories outlined
above.
If the requester/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requester/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requester/petitioner asserts the contention belongs with a separate
designation for that category.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309 (f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so in writing within ten days of the date the contention is
filed, and designate a representative who shall have the
[[Page 29359]]
authority to act for the requester/petitioner.
In accordance with 10 CFR 2.309 (g), a request for hearing and/or
petition for leave to intervene may also address the selection of the
hearing procedures, taking into account the provisions of 10 CFR 2.310.
III. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are:
Revision 4 of the DP: ML060790152
Inspection Report 030-29288/2005-001: ML051610344, ML051610355,
ML051610362
Confirmatory Survey Report: ML051610610
Public Meeting Notice: ML060060065
Public Meeting Summary: ML060450407
Public Meeting Attendance List: ML060450390
Public Meeting Summary Attachments: ML060450457
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by email to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at King of Prussia, Pennsylvania, this 12th day of May
2006.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety
Region I.
[FR Doc. E6-7788 Filed 5-19-06; 8:45 am]
BILLING CODE 7590-01-P
