Notice of Consideration of Amendment Request for Decommissioning of the Defense Logistics Agency, Hammond Depot, Hammond, IN and Opportunity to Request a Hearing, 4732-4734 [E7-1646]
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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
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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, https://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
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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
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rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Notices
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, Defense Logistics
Agency, Defense National Stockpile
Center, 8725 John J. Kingman Road,
Suite 3229, Fort Belvoir, Virginia,
22060–6223, Attention: Michael
Pecullan, Radiation Safety Officer; 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
April 2, 2007.
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
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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
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4733
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 basis, 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
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
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4734
Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Notices
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are:
Submittal Letter dated February 3, 2006 .......................................................................................................................................
Historical Site Assessment dated August 2005 .............................................................................................................................
Preliminary Site Specific Derived Concentration Guidelines ......................................................................................................
Radiological Scoping Survey dated December 2005 .....................................................................................................................
Environmental Assessment, Disposition of Thorium Nitrate .......................................................................................................
Request for Additional Information dated June 8, 2006 ...............................................................................................................
Deficiency Response Letter dated July 5, 2006 .............................................................................................................................
Deficiency Response Letter dated July 19, 2006 ...........................................................................................................................
Deficiency Response Letter dated September 19, 2006 ................................................................................................................
Radiological Characterization Survey dated August 2006 ............................................................................................................
Decommissioning/Remediation Plan dated September 2006 .......................................................................................................
Receipt of Decommissioning Plan Letter dated October 19, 2006 ...............................................................................................
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 e-mail 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 475 Allendale Road, King of
Prussia, PA, this 25th day of January 2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E7–1646 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, Curtis Bay
Depot, Baltimore, MD and Opportunity
To Request a Hearing
Nuclear Regulatory
Commission.
AGENCY:
A request for a hearing must be
filed by April 2, 2007.
DATES:
rwilkins on PROD1PC63 with NOTICES
FOR FURTHER INFORMATION CONTACT:
Steve Hammann, 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) 337–5399; fax number: (610) 337–
5269; or e-mail: sth2@nrc.gov.
VerDate Aug<31>2005
16:47 Jan 31, 2007
Jkt 211001
The Nuclear Regulatory Commission
(NRC) is considering issuance of a
license amendment to Source Material
License No. STC–133 issued to the
Defense Logistics Agency (the Licensee),
to authorize decommissioning of its
Curtis Bay Depot (the Facility) in
Baltimore, Maryland 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
Notice of amendment request
and opportunity to request a hearing.
ACTION:
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC hereby provides notice that
this is a proceeding on an application
for a license amendment regarding
decommissioning of the Facility located
in Baltimore, Maryland. 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.
PO 00000
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Fmt 4703
Sfmt 4703
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ML060580605
ML060580605
ML060580608
ML060580592
ML061640494
ML061870578
ML062070231
ML062710160
ML062710179
ML062760618
ML062930051
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
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, Defense Logistics
Agency, Defense National Stockpile
Center, 8725 John J. Kingman Road,
Suite 3229, Fort Belvoir, Virginia
22060–6223, Attention: Michael
Pecullan, Radiation Safety Officer; 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.
E:\FR\FM\01FEN1.SGM
01FEN1
]]>Agencies
[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Notices]
[Pages 4732-4734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1646]
-----------------------------------------------------------------------
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
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment request and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATES: 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:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuance of
a 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
[[Page 4733]]
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, Defense Logistics Agency, Defense National
Stockpile Center, 8725 John J. Kingman Road, Suite 3229, Fort Belvoir,
Virginia, 22060-6223, Attention: Michael Pecullan, Radiation Safety
Officer; 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 e-mail 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 April 2, 2007.
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 basis, 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 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
[[Page 4734]]
and image files of NRC's public documents. The ADAMS accession numbers
for the documents related to this notice are:
Submittal Letter dated February 3, 2006 ML060580094
Historical Site Assessment dated August ML060580605
2005.
Preliminary Site Specific Derived ML060580605
Concentration Guidelines.
Radiological Scoping Survey dated ML060580608
December 2005.
Environmental Assessment, Disposition ML060580592
of Thorium Nitrate.
Request for Additional Information ML061640494
dated June 8, 2006.
Deficiency Response Letter dated July ML061870578
5, 2006.
Deficiency Response Letter dated July ML062070231
19, 2006.
Deficiency Response Letter dated ML062710160
September 19, 2006.
Radiological Characterization Survey ML062710179
dated August 2006.
Decommissioning/Remediation Plan dated ML062760618
September 2006.
Receipt of Decommissioning Plan Letter ML062930051
dated October 19, 2006.
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 e-mail 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 475 Allendale Road, King of Prussia, PA, this 25th day
of January 2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E7-1646 Filed 1-31-07; 8:45 am]
BILLING CODE 7590-01-P
