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]

Download as PDF 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 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 VerDate Aug<31>2005 16:47 Jan 31, 2007 Jkt 211001 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 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\01FEN1.SGM 01FEN1 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 Frm 00055 Fmt 4703 Sfmt 4703 ML060580094 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]


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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 http://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