Notice of the Issuance of License Amendment No. 15 for the University of Illinois Nuclear Research Laboratory Triga Research Reactor and the Opportunity To Request a Hearing, 2284-2286 [E8-418]
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Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room at One White Flint
North, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
records will be accessible electronically
from the Agencywide Documents
Access and Management System
(ADAMS) Public Electronic Reading
Room on the Internet at the NRC Web
site, https://www.nrc.gov/NRC/ADAMS/
index.html. If you do not have access to
ADAMS or if you have problems in
accessing the documents in ADAMS,
contact the NRC Public Document Room
(PDR) reference staff at 1–800–397–4209
or 301–415–4737 or by e-mail to
pdr@nrc.gov.
Dated at Rockville, Maryland, this 21st day
of December 2007.
For the Nuclear Regulatory Commission.
Thomas W. Alexion,
Acting Chief, Generic Communications
Branch, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. E8–424 Filed 1–11–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–151]
Notice of the Issuance of License
Amendment No. 15 for the University
of Illinois Nuclear Research Laboratory
Triga Research Reactor and the
Opportunity To Request a Hearing
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of the issuance of license
amendment No. 15 and the opportunity
to request a hearing.
AGENCY:
A request for a hearing must be
filed by March 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Thomas McLaughlin, Project Manager,
Materials Decommissioning Branch,
Division of Waste Management and
Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
(301) 415–5869; fax number: (301) 415–
5369; e-mail: tgm@nrc.gov.
SUPPLEMENTARY INFORMATION:
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DATES:
I. Introduction
The Nuclear Regulatory Commission
(NRC) has issued a license amendment
to Facility Operating License R–115 that
allows decommissioning of the
University of Illinois’s (University’s or
licensee’s) Nuclear Research Laboratory
(NRL) Advanced Teaching Research
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Isotope General Atomic (TRIGA) Mark II
nuclear research reactor located on the
campus of the University of Illinois at
Champaign-Urbana in the city of
Urbana, Illinois.
By letters dated March 28, 2006 (See
ADAMS ML060900623), and August 20,
2007 (See ADAMS ML072550089), the
licensee submitted a Decommissioning
Plan (DP) in accordance with 10 CFR
50.82(b)(1), in order to dismantle the
TRIGA Reactor, to dispose of its
component parts and radioactive
material, and to decontaminate the
facilities in accordance with the
proposed DP to meet the Commission’s
unrestricted release criteria. After the
Commission verifies that the release
criteria have been met, Facility
Operating License No. R–115 will be
terminated.
The University of Illinois ceased
operations of the NRL TRIGA reactor on
August 6, 1998, and it was placed in a
Safe Storage (SAFSTOR) condition. On
August 18, 2004, the reactor fuel was
removed and shipped to the U.S.
Department of Energy’s Idaho National
Laboratory.
A ‘‘Notice and Solicitation of
Comments Pursuant to 10 CFR 20.1405
and 10 CFR 50.82(b)(5) Concerning
Proposed Action to Decommission the
University of Illinois at UrbanaChampaign Nuclear Reactor Laboratory’’
was published in the Federal Register
on August 1, 2006 (71 FR 43528), and
in the Champaign County, Illinois daily
newspaper, The News-Gazette, on
August 3, 2006. No comments were
received.
The University of Illinois is planning
unrestricted use for the area that would
be released. The NRC Final Rule on
License Termination, 10 CFR 20.1402,
provides radiological criteria for release
of a site for unrestricted use. Release
criteria for unrestricted use is a
maximum Total Effective Dose
Equivalent (TEDE) of 25 mrem per year
from residual radioactivity above
background and doses as low as
reasonably achievable (ALARA). The
results of the final status survey will be
used to demonstrate that the predicted
dose to a member of the public from any
residual radioactivity does not exceed
the 25 mrem per year dose limit. The
NRC will perform inspections and if
necessary a confirmatory survey to
verify that the decommissioning
activities and the final status survey
results are acceptable.
Based on the review of the specific
proposed activities associated with the
dismantling and decontamination of the
NRL, which includes the TRIGA
Reactor, the staff has determined that
the proposed action will not increase
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the probability or consequences of
accidents. No changes are being made in
the types of any effluents that may be
released off site, and there will be no
significant increase in occupational or
public radiation exposure above those
during the operation of the facility.
Therefore, the staff concludes that there
are no significant radiological
environmental impacts associated with
the proposed action.
II. Opportunity to Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for a license amendment regarding the
decommissioning of the University of
Illinois NRL test reactor. Any person
whose interest may be affected by this
proceeding and who desires to
participate as a party must file a request
for a hearing and, a specification of the
contentions which the person seeks to
have litigated in the hearing, in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August,
2007, 72 FR 49139 (Aug. 28, 2007). The
E-Filing rule requires participants to
submit and serve documents over the
internet or in some cases to mail copies
on electronic storage media. Participants
may not submit paper copies of their
filings unless they seek a waiver in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least five (5)
days prior to the filing deadline, the
petitioner/requestor must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital identification (ID) certificate,
which allows the participant (or its
counsel or representative) to digitally
sign documents and access the ESubmittal server for any proceeding in
which it is participating; and/or (2)
creation of an electronic docket for the
proceeding (even in instances in which
the petitioner/requestor (or its counsel
or representative) already holds an NRCissued digital ID certificate). Each
petitioner/requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
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Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Standard Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville, Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
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depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(c)(1)(viii). To be
timely, filings must be submitted no
later than 11:59 p.m. Eastern Standard
Time on the due date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
social security numbers in their filings.
Copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application, should
not be included in the submission.
The formal requirements for
documents contained in 10 CFR
2.304(c)–(e) must be met. If the NRC
grants an electronic document
exemption in accordance with 10 CFR
2.302(g)(3), then the requirements for
paper documents, set forth in 10 CFR
2.304(b) must be met.
In accordance with 10 CFR 2.309(b),
a request for a hearing must be filed by
March 10, 2008.
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:
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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; and
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.
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Federal Register / Vol. 73, No. 9 / Monday, January 14, 2008 / Notices
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2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Emergency Planning—primarily
concerns issues relating to matters
discussed or referenced in the
Emergency Plan as it relates to the
proposed action.
4. Physical Security—primarily
concerns issues relating to matters
discussed or referenced in the Physical
Security Plan as it relates to the
proposed action.
5. Miscellaneous—does not fall into
one of the categories outlined above.
If the requester/petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requester/petitioner
must set forth the contention and
supporting bases, in full, separately for
each category into which the requester/
petitioner asserts the contention belongs
with a separate designation for that
category.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so, in accordance with the E-Filing rule,
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
For further details with respect to the
proposed action, see the licensee’s
letters dated March 28, 2006 (See
ADAMS ML060900623), August 20,
2007 (See ADAMS ML072550089), the
Environmental Assessment and Finding
of No Significant Impact (See ADAMS
ML073020387), and the Safety
Evaluation Report (See ADAMS
ML073330022), which are available for
public inspection, and can be copied for
a fee, at the U.S. Nuclear Regulatory
Commission’s Public Document Room
(PDR), located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland 20852. The NRC
maintains an Agency-wide Documents
Access and Management System
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(ADAMS), which provides text and
image files of NRC(s public documents.
These documents may be accessed
through the NRC(s Public Electronic
Reading Room on the internet at https://
www.nrc.gov.
Persons who do not have access to
ADAMS or who have problems in
accessing the documents located in
ADAMS may contact the PDR reference
staff at 1–800–397–4209, 301–415–4737
or by e-mail at pdr@nrc.gov.
Dated at Rockville, Maryland, this 2nd day
of January, 2008.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommisssioning and
Uranium Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E8–418 Filed 1–11–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Act Meeting; Notice
Agency Holding the Meetings: Nuclear
Regulatory Commission.
Week of January 14, 2008.
Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
ADDITIONAL MATTERS TO BE CONSIDERED:
DATES:
PLACE:
Week of January 14, 2008
Monday, January 14, 2008
10 a.m.
Discussion of Adjudicatory Issues
(Closed—Ex.10).
Tuesday, January 15, 2008
9:25 a.m.
Affirmation Session (Public Meeting)
a. PG&E Co. (Diablo Canyon ISFSI),
Docket No. 72–26–ISFSI, San Luis
Obispo Mothers for Peace’s
Contention and Request for Hearing
Re Diablo Canyon Environmental
Assessment Supplement
(Tentative).
b. Pilgrim Nuclear Power Station
License Renewal Pilgrim Watch’s
Appeal of Interlocutory Board
Order Summarily Disposing of
Contention 3 (SAMAs) (LBP–07–
13).
*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
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The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify the
NRC’s Disability Program Coordinator,
Rohn Brown, at 301–415–2279, TDD:
301–415–2100, or by e-mail at
REB3@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw@nrc.gov.
Dated: January 7, 2008.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. 08–106 Filed 1–10–08; 2:15 pm]
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NUCLEAR REGULATORY
COMMISSION
AREVA NP Inc.; Notice of Receipt of
Application for Design Certification of
the U.S. EPR
Notice is hereby given that the
Nuclear Regulatory Commission (NRC,
the Commission) has received an
application from AREVA NP Inc.
(AREVA) dated December 11, 2007,
filed pursuant to section 103 of the
Atomic Energy Act and Title 10 of the
Code of Federal Regulations (10 CFR)
Part 52, for standard design certification
of the U.S. EPR Standard Plant Design.
The U.S. EPR design is an
approximately 1600 megawatts electric
evolutionary pressurized water reactor
(PWR). The primary system design, loop
configuration, and main components
design are similar to those of currently
operating PWRs. The U.S. EPR contains
unique design features, such as four
redundant trains of emergency core
cooling; Containment and Shield
Building, and a core melt retention
system for severe accident mitigation.
The U.S. EPR application includes the
entire power generation complex,
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]]>Agencies
[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2284-2286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-418]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-151]
Notice of the Issuance of License Amendment No. 15 for the
University of Illinois Nuclear Research Laboratory Triga Research
Reactor and the Opportunity To Request a Hearing
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of the issuance of license amendment No. 15 and the
opportunity to request a hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by March 10, 2008.
FOR FURTHER INFORMATION CONTACT: Thomas McLaughlin, Project Manager,
Materials Decommissioning Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: (301) 415-5869; fax number: (301) 415-
5369; e-mail: tgm@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) has issued a license
amendment to Facility Operating License R-115 that allows
decommissioning of the University of Illinois's (University's or
licensee's) Nuclear Research Laboratory (NRL) Advanced Teaching
Research Isotope General Atomic (TRIGA) Mark II nuclear research
reactor located on the campus of the University of Illinois at
Champaign-Urbana in the city of Urbana, Illinois.
By letters dated March 28, 2006 (See ADAMS ML060900623), and August
20, 2007 (See ADAMS ML072550089), the licensee submitted a
Decommissioning Plan (DP) in accordance with 10 CFR 50.82(b)(1), in
order to dismantle the TRIGA Reactor, to dispose of its component parts
and radioactive material, and to decontaminate the facilities in
accordance with the proposed DP to meet the Commission's unrestricted
release criteria. After the Commission verifies that the release
criteria have been met, Facility Operating License No. R-115 will be
terminated.
The University of Illinois ceased operations of the NRL TRIGA
reactor on August 6, 1998, and it was placed in a Safe Storage
(SAFSTOR) condition. On August 18, 2004, the reactor fuel was removed
and shipped to the U.S. Department of Energy's Idaho National
Laboratory.
A ``Notice and Solicitation of Comments Pursuant to 10 CFR 20.1405
and 10 CFR 50.82(b)(5) Concerning Proposed Action to Decommission the
University of Illinois at Urbana-Champaign Nuclear Reactor Laboratory''
was published in the Federal Register on August 1, 2006 (71 FR 43528),
and in the Champaign County, Illinois daily newspaper, The News-
Gazette, on August 3, 2006. No comments were received.
The University of Illinois is planning unrestricted use for the
area that would be released. The NRC Final Rule on License Termination,
10 CFR 20.1402, provides radiological criteria for release of a site
for unrestricted use. Release criteria for unrestricted use is a
maximum Total Effective Dose Equivalent (TEDE) of 25 mrem per year from
residual radioactivity above background and doses as low as reasonably
achievable (ALARA). The results of the final status survey will be used
to demonstrate that the predicted dose to a member of the public from
any residual radioactivity does not exceed the 25 mrem per year dose
limit. The NRC will perform inspections and if necessary a confirmatory
survey to verify that the decommissioning activities and the final
status survey results are acceptable.
Based on the review of the specific proposed activities associated
with the dismantling and decontamination of the NRL, which includes the
TRIGA Reactor, the staff has determined that the proposed action will
not increase the probability or consequences of accidents. No changes
are being made in the types of any effluents that may be released off
site, and there will be no significant increase in occupational or
public radiation exposure above those during the operation of the
facility. Therefore, the staff concludes that there are no significant
radiological environmental impacts associated with the proposed action.
II. Opportunity to Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a license amendment regarding the decommissioning of
the University of Illinois NRL test reactor. Any person whose interest
may be affected by this proceeding and who desires to participate as a
party must file a request for a hearing and, a specification of the
contentions which the person seeks to have litigated in the hearing, in
accordance with the NRC E-Filing rule, which the NRC promulgated in
August, 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing rule requires
participants to submit and serve documents over the internet or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek a waiver in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a
digital identification (ID) certificate, which allows the participant
(or its counsel or representative) to digitally sign documents and
access the E-Submittal server for any proceeding in which it is
participating; and/or (2) creation of an electronic docket for the
proceeding (even in instances in which the petitioner/requestor (or its
counsel or representative) already holds an NRC-issued digital ID
certificate). Each petitioner/requestor will need to download the
Workplace Forms Viewer\TM\ to access the Electronic Information
Exchange (EIE), a component of the E-Filing system. The Workplace Forms
Viewer\TM\ is free and is available at https://www.nrc.gov/site-help/e-
submittals/install-viewer.html. Information about applying for a
digital ID certificate is available on NRC's public Web site at https://
www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE
[[Page 2285]]
viewer, it can then submit a request for hearing or petition for leave
to intervene. Submissions should be in Portable Document Format (PDF)
in accordance with NRC guidance available on the NRC public Web site at
https://www.nrc.gov/site-help/e-submittals.html. A filing is considered
complete at the time the filer submits its documents through EIE. To be
timely, an electronic filing must be submitted to the EIE system no
later than 11:59 p.m. Eastern Standard Time on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an e-mail notice confirming receipt of the
document. The EIE system also distributes an e-mail notice that
provides access to the document to the NRC Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer need
not serve the documents on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before a hearing
request/petition to intervene is filed so that they can obtain access
to the document via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(c)(1)(viii). To be timely, filings must be submitted no
later than 11:59 p.m. Eastern Standard Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include social
security numbers in their filings. Copyrighted works, except for
limited excerpts that serve the purpose of the adjudicatory filings and
would constitute a Fair Use application, should not be included in the
submission.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by March 10, 2008.
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;
and 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.
[[Page 2286]]
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
5. Miscellaneous--does not fall into one of the categories outlined
above.
If the requester/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requester/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requester/petitioner asserts the contention belongs with a separate
designation for that category.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so, in accordance with the E-Filing rule, 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
For further details with respect to the proposed action, see the
licensee's letters dated March 28, 2006 (See ADAMS ML060900623), August
20, 2007 (See ADAMS ML072550089), the Environmental Assessment and
Finding of No Significant Impact (See ADAMS ML073020387), and the
Safety Evaluation Report (See ADAMS ML073330022), which are available
for public inspection, and can be copied for a fee, at the U.S. Nuclear
Regulatory Commission's Public Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852. The NRC maintains an Agency-wide Documents Access and
Management System (ADAMS), which provides text and image files of NRC(s
public documents. These documents may be accessed through the NRC(s
Public Electronic Reading Room on the internet at https://www.nrc.gov.
Persons who do not have access to ADAMS or who have problems in
accessing the documents located in ADAMS may contact the PDR reference
staff at 1-800-397-4209, 301-415-4737 or by e-mail at pdr@nrc.gov.
Dated at Rockville, Maryland, this 2nd day of January, 2008.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommisssioning and Uranium Recovery Licensing
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. E8-418 Filed 1-11-08; 8:45 am]
BILLING CODE 7590-01-P
