In the Matter of the Curators of the University of Missouri, The University of Missouri Research Reactor; Order Modifying Emergency Plan Requirements, 4731-4732 [E7-1633]

Download as PDF Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Notices Dated: January 25, 2007. Michael J. Kurtz, Assistant Archivist for Records Services, Washington, DC. [FR Doc. E7–1607 Filed 1–31–07; 8:45 am] BILLING CODE 7515–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–186] In the Matter of the Curators of the University of Missouri, The University of Missouri Research Reactor; Order Modifying Emergency Plan Requirements I The Curators of the University of Missouri (the Licensee) hold Amended Facility License No. R–103 issued by the U.S. Nuclear Regulatory Commission (NRC or the Commission) pursuant to Title 10, Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities’’ (10 CFR part 50), and Broad Scope Materials License No. 24–00513–39 issued by the NRC pursuant to 10 CFR part 30, ‘‘Rules of General Applicability to Domestic Licensing of Byproduct Material.’’ Amended Facility License No. R–103 authorizes the operation of the University of Missouri Research Reactor (MURR or the facility) in accordance with conditions specified therein. Broad Scope Materials License No. 24–00513–39 authorizes the possession and use of various byproduct, special nuclear, and source material at the Licensee’s facility. The facility is located on the Licensee’s campus in Columbia, Missouri. rwilkins on PROD1PC63 with NOTICES II On March 19 and April 5, 1990, the NRC staff issued two license amendments applicable to the Licensee’s Special Nuclear Material and Source Material License No. SNM–247. At the request of the Licensee, the NRC terminated Special Nuclear Material and Source Material License No. SNM–247 on July 7, 1993. On that day, the Commission included the special nuclear materials that were listed on Special Nuclear Material and Source Material License No. SNM–247 in the University’s newly issued Broad Scope Materials License No. 24–00513–39. The amendments collectively authorized the Licensee to possess and use certain specified quantities of uranium (depleted in U–235), neptunium-237, americium-241, plutonium-239, and plutonium-240. The Licensee’s purpose in requesting the amendments was to conduct research related to the VerDate Aug<31>2005 16:47 Jan 31, 2007 Jkt 211001 Transuranic Management by Pyropartitioning Separation (TRUMP–S) Research Project. The Licensee carried out this research in the Alpha laboratory at the MURR. Three organizations and 10 individuals filed motions to intervene and requests for hearing on the license amendments. In response to the intervenors’ filings, the Commission appointed a Presiding Officer to conduct an informal hearing pursuant to Subpart L, ‘‘Informal Hearing Procedures for NRC Adjudications’’ of the Commission’s procedural regulations in 10 CFR part 2, ‘‘Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders.’’ The Presiding Officer issued a First Initial Decision on April 5, 1991, followed by a Final Initial Decision on July 10, 1991. The Licensee and the intervenors appealed various aspects of the proceeding and decisions of the Presiding Officer and the Commission to the Commission. In response, the Commission issued Memorandum and Order, CLI–95–01, dated February 28, 1995; Memorandum and Order, CLI–95– 08, (Petitions for Reconsideration), dated June 22, 1995; Memorandum and Order, CLI–95–11, (Petition for Partial Reconsideration), dated August 22, 1995; and Memorandum and Order, CLI–95–17, (Petition for Reconsideration), dated December 14, 1995. The first three of these memoranda and orders required the Licensee to make changes to the MURR Emergency Plan (EP). The MURR EP was changed because the material, while under a NRC broad scope materials license, was being used in the Alpha Laboratory at MURR. In response to the memoranda and orders, the Licensee submitted proposed changes to the EP on December 20, 1995, as supplemented on May 1, 1996. The NRC staff reviewed the Licensee’s proposed changes to the EP and, in a letter to the Licensee dated June 20, 1996, concluded that the proposed changes to the EP met the intent of the Commission’s memoranda and orders and were acceptable as written. III By letter dated March 31, 2004, the Licensee requested changes to the EP to remove the requirements added to it by the Commission’s memoranda and orders related to the TRUMP–S Research Project. The Licensee also requested the recision of the Commission’s memoranda and orders requiring changes to the EP. The Licensee completed experiments at the MURR related to the TRUMP–S Research Project on September 30, 1997. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 4731 By July 20, 1998, the Licensee had shipped all low-level waste from the project and completed final verification surveys documenting the decommissioning of the Alpha Laboratory. All transuranic waste (americium, neptunium, and plutonium) was shipped from the MURR to the Waste Isolation Pilot Plant on May 15, 2003. The NRC renewed Broad Scope Materials License No. 24– 00513–39, effective December 22, 2003, with reduced possession limits for the radioisotope types associated with the TRUMP–S Research Project. The renewed license possession limits allow no radioisotope quantities in excess of the quantities listed in 10 CFR 30.72 Schedule C, ‘‘Quantities of Radioactive Materials Requiring Consideration of the Need for an Emergency Plan for Responding to a Release.’’ The NRC staff reviewed the Licensee’s proposed changes to the EP and concluded that they will not decrease the effectiveness of the EP and are therefore acceptable. IV Accordingly, pursuant to Sections 104c, 161b and 161i of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR part 50, it is hereby ordered that: The changes to the University of Missouri Research Reactor Emergency Plan imposed by Commission-issued Memoranda and Orders CLI–95–01 dated February 28, 1995; CLI–95–08 dated June 22, 1995; and CLI–95–11 dated August 22, 1995, are hereby deleted and the changes to the Emergency Plan for the University of Missouri Research Reactor in the Licensee’s letter of March 31, 2004, are approved. V Pursuant to the Atomic Energy Act of 1954, as amended, the licensee or any other person adversely affected by this Order may request a hearing within 30 days of the date of publication of this Order in the Federal Register. A request for a hearing or a petition for leave to intervene must be filed (1) By first class mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff, or (2) by courier, express mail, or expedited delivery services to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, Attention: Rulemaking and Adjudications Staff. Because of continuing disruptions in delivery of mail to U.S. Government offices, it is requested that requests for hearing E:\FR\FM\01FEN1.SGM 01FEN1 rwilkins on PROD1PC63 with NOTICES 4732 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Notices should also be transmitted to the Secretary of the Commission either by email addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@nrc.gov, or 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 (the 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 Director, Office of Nuclear Reactor Regulation and to the Assistant General Counsel for Operating Reactors and High Level Waste Programs, Office of the General Counsel, with both copies addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. The NRC further requests that copies be transmitted either by facsimile transmission to 301– 415–3725 or by e-mail to OGCMAILCENTER@nrc.gov. If a person other than the Licensee requests a hearing, he or she shall set forth with particularity the manner in which his or her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309, ‘‘Hearing Requests, Petitions to Intervene, Requirements for Standing, and Contentions.’’ If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. In the absence of any request for a hearing or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be effective and final 30 days from the date of publication of this Order in the Federal Register without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. In accordance with 10 CFR 51.10(d), this Order is not subject to Section 102(2) of the National Environmental Policy Act, as amended. The NRC staff notes, however, that with respect to environmental impacts associated with the changes imposed by this Order as described in the safety evaluation, the changes would, if imposed by other than an Order, meet the definition of a categorical exclusion in accordance VerDate Aug<31>2005 16:47 Jan 31, 2007 Jkt 211001 with 10 CFR 51.22(c)(14)(v). Thus, pursuant to either 10 CFR 51.10(d) or 10 CFR 51.22(c)(14)(v), neither an environmental assessment nor an environmental impact statement is required. For further information, see the application from the Licensee dated March 31, 2004 (Agencywide Documents Access Management System (ADAMS) Accession No. ML041040772), available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, MD. Publicly available records will be accessible electronically from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ reading-rm/adams.thml. Persons who do not have access to ADAMS or who have problems in accessing the documents in ADAMS should contact the NRC PDR reference staff by telephone at 1–800–397–4209 or 301– 415–4737 or by e-mail to PDR@nrc.gov. Dated this 26th day of January 2007. For the U.S. Nuclear Regulatory Commission. Michael J. Case, Director, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulations. [FR Doc. E7–1633 Filed 1–31–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 040–00341] Notice of Consideration of Amendment Request for Decommissioning of the Defense Logistics Agency, Hammond Depot, Hammond, IN and Opportunity to Request a Hearing Nuclear Regulatory Commission. ACTION: Notice of amendment request and opportunity to request a hearing. AGENCY: A request for a hearing must be filed by April 2, 2007. FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406. Telephone: (610) 337–5040; fax number: (610) 337– 5269; or e-mail: exu@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Introduction The Nuclear Regulatory Commission (NRC) is considering issuance of a PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 license amendment to Source Material License No. STC–133 issued to the Defense Logistics Agency (the Licensee), to authorize decommissioning of its Hammond Depot (the Facility) in Hammond, Indiana under the Licensee’s Decommissioning Plan (DP). An NRC administrative review, documented in a letter to the Defense Logistics Agency dated October 19, 2006, found 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. STC– 133. 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 amended to authorize release of the Facility for unrestricted use 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 Facility located in Hammond, Indiana. 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. 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 Staff; 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 E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Notices]
[Pages 4731-4732]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1633]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-186]


In the Matter of the Curators of the University of Missouri, The 
University of Missouri Research Reactor; Order Modifying Emergency Plan 
Requirements

I

    The Curators of the University of Missouri (the Licensee) hold 
Amended Facility License No. R-103 issued by the U.S. Nuclear 
Regulatory Commission (NRC or the Commission) pursuant to Title 10, 
Part 50, ``Domestic Licensing of Production and Utilization 
Facilities'' (10 CFR part 50), and Broad Scope Materials License No. 
24-00513-39 issued by the NRC pursuant to 10 CFR part 30, ``Rules of 
General Applicability to Domestic Licensing of Byproduct Material.'' 
Amended Facility License No. R-103 authorizes the operation of the 
University of Missouri Research Reactor (MURR or the facility) in 
accordance with conditions specified therein. Broad Scope Materials 
License No. 24-00513-39 authorizes the possession and use of various 
byproduct, special nuclear, and source material at the Licensee's 
facility. The facility is located on the Licensee's campus in Columbia, 
Missouri.

II

    On March 19 and April 5, 1990, the NRC staff issued two license 
amendments applicable to the Licensee's Special Nuclear Material and 
Source Material License No. SNM-247. At the request of the Licensee, 
the NRC terminated Special Nuclear Material and Source Material License 
No. SNM-247 on July 7, 1993. On that day, the Commission included the 
special nuclear materials that were listed on Special Nuclear Material 
and Source Material License No. SNM-247 in the University's newly 
issued Broad Scope Materials License No. 24-00513-39. The amendments 
collectively authorized the Licensee to possess and use certain 
specified quantities of uranium (depleted in U-235), neptunium-237, 
americium-241, plutonium-239, and plutonium-240. The Licensee's purpose 
in requesting the amendments was to conduct research related to the 
Transuranic Management by Pyropartitioning Separation (TRUMP-S) 
Research Project. The Licensee carried out this research in the Alpha 
laboratory at the MURR.
    Three organizations and 10 individuals filed motions to intervene 
and requests for hearing on the license amendments. In response to the 
intervenors' filings, the Commission appointed a Presiding Officer to 
conduct an informal hearing pursuant to Subpart L, ``Informal Hearing 
Procedures for NRC Adjudications'' of the Commission's procedural 
regulations in 10 CFR part 2, ``Rules of Practice for Domestic 
Licensing Proceedings and Issuance of Orders.'' The Presiding Officer 
issued a First Initial Decision on April 5, 1991, followed by a Final 
Initial Decision on July 10, 1991.
    The Licensee and the intervenors appealed various aspects of the 
proceeding and decisions of the Presiding Officer and the Commission to 
the Commission. In response, the Commission issued Memorandum and 
Order, CLI-95-01, dated February 28, 1995; Memorandum and Order, CLI-
95-08, (Petitions for Reconsideration), dated June 22, 1995; Memorandum 
and Order, CLI-95-11, (Petition for Partial Reconsideration), dated 
August 22, 1995; and Memorandum and Order, CLI-95-17, (Petition for 
Reconsideration), dated December 14, 1995. The first three of these 
memoranda and orders required the Licensee to make changes to the MURR 
Emergency Plan (EP). The MURR EP was changed because the material, 
while under a NRC broad scope materials license, was being used in the 
Alpha Laboratory at MURR. In response to the memoranda and orders, the 
Licensee submitted proposed changes to the EP on December 20, 1995, as 
supplemented on May 1, 1996. The NRC staff reviewed the Licensee's 
proposed changes to the EP and, in a letter to the Licensee dated June 
20, 1996, concluded that the proposed changes to the EP met the intent 
of the Commission's memoranda and orders and were acceptable as 
written.

III

    By letter dated March 31, 2004, the Licensee requested changes to 
the EP to remove the requirements added to it by the Commission's 
memoranda and orders related to the TRUMP-S Research Project. The 
Licensee also requested the recision of the Commission's memoranda and 
orders requiring changes to the EP. The Licensee completed experiments 
at the MURR related to the TRUMP-S Research Project on September 30, 
1997. By July 20, 1998, the Licensee had shipped all low-level waste 
from the project and completed final verification surveys documenting 
the decommissioning of the Alpha Laboratory. All transuranic waste 
(americium, neptunium, and plutonium) was shipped from the MURR to the 
Waste Isolation Pilot Plant on May 15, 2003. The NRC renewed Broad 
Scope Materials License No. 24-00513-39, effective December 22, 2003, 
with reduced possession limits for the radioisotope types associated 
with the TRUMP-S Research Project. The renewed license possession 
limits allow no radioisotope quantities in excess of the quantities 
listed in 10 CFR 30.72 Schedule C, ``Quantities of Radioactive 
Materials Requiring Consideration of the Need for an Emergency Plan for 
Responding to a Release.'' The NRC staff reviewed the Licensee's 
proposed changes to the EP and concluded that they will not decrease 
the effectiveness of the EP and are therefore acceptable.

IV

    Accordingly, pursuant to Sections 104c, 161b and 161i of the Atomic 
Energy Act of 1954, as amended, and the Commission's regulations in 10 
CFR part 50, it is hereby ordered that:
    The changes to the University of Missouri Research Reactor 
Emergency Plan imposed by Commission-issued Memoranda and Orders CLI-
95-01 dated February 28, 1995; CLI-95-08 dated June 22, 1995; and CLI-
95-11 dated August 22, 1995, are hereby deleted and the changes to the 
Emergency Plan for the University of Missouri Research Reactor in the 
Licensee's letter of March 31, 2004, are approved.

V

    Pursuant to the Atomic Energy Act of 1954, as amended, the licensee 
or any other person adversely affected by this Order may request a 
hearing within 30 days of the date of publication of this Order in the 
Federal Register. A request for a hearing or a petition for leave to 
intervene must be filed (1) By first class mail addressed to the Office 
of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, Attention: Rulemaking and Adjudications Staff, or (2) by 
courier, express mail, or expedited delivery services to the Office of 
the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852, Attention: Rulemaking and Adjudications 
Staff. Because of continuing disruptions in delivery of mail to U.S. 
Government offices, it is requested that requests for hearing

[[Page 4732]]

should also be transmitted to the Secretary of the Commission either by 
e-mail addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, HEARINGDOCKET@nrc.gov, or 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 (the 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 Director, Office of Nuclear Reactor 
Regulation and to the Assistant General Counsel for Operating Reactors 
and High Level Waste Programs, Office of the General Counsel, with both 
copies addressed to the U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001. The NRC further requests that copies be transmitted 
either by facsimile transmission to 301-415-3725 or by e-mail to 
OGCMAILCENTER@nrc.gov.
    If a person other than the Licensee requests a hearing, he or she 
shall set forth with particularity the manner in which his or her 
interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.309, ``Hearing Requests, Petitions to 
Intervene, Requirements for Standing, and Contentions.''
    If a hearing is requested by the Licensee or a person whose 
interest is adversely affected, the Commission will issue an order 
designating the time and place of any hearing. If a hearing is held, 
the issue to be considered at such hearing shall be whether this Order 
should be sustained.
    In the absence of any request for a hearing or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be effective and final 30 days from 
the date of publication of this Order in the Federal Register without 
further order or proceedings. If an extension of time for requesting a 
hearing has been approved, the provisions specified in Section IV shall 
be final when the extension expires if a hearing request has not been 
received.
    In accordance with 10 CFR 51.10(d), this Order is not subject to 
Section 102(2) of the National Environmental Policy Act, as amended. 
The NRC staff notes, however, that with respect to environmental 
impacts associated with the changes imposed by this Order as described 
in the safety evaluation, the changes would, if imposed by other than 
an Order, meet the definition of a categorical exclusion in accordance 
with 10 CFR 51.22(c)(14)(v). Thus, pursuant to either 10 CFR 51.10(d) 
or 10 CFR 51.22(c)(14)(v), neither an environmental assessment nor an 
environmental impact statement is required.
    For further information, see the application from the Licensee 
dated March 31, 2004 (Agencywide Documents Access Management System 
(ADAMS) Accession No. ML041040772), available for public inspection at 
the Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike (first floor), 
Rockville, MD. Publicly available records will be accessible 
electronically from the ADAMS Public Electronic Reading Room on the 
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.thml. 
Persons who do not have access to ADAMS or who have problems in 
accessing the documents in ADAMS should contact the NRC PDR reference 
staff by telephone at 1-800-397-4209 or 301-415-4737 or by e-mail to 
PDR@nrc.gov.

    Dated this 26th day of January 2007.

    For the U.S. Nuclear Regulatory Commission.
Michael J. Case,
Director, Division of Policy and Rulemaking, Office of Nuclear Reactor 
Regulations.
[FR Doc. E7-1633 Filed 1-31-07; 8:45 am]
BILLING CODE 7590-01-P