Notice of License Application Request of Energy Metals Corporation, Casper, WY and Opportunity To Request a Hearing, 4642-4644 [E8-1305]
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Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
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New York 13126 have agreed to make
the final supplement to the GEIS
available for public inspection.
For Further Information Contact: Ms.
Jessie M. Muir, Projects Branch 2,
Division of License Renewal, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission, Mail
Stop O–11F1, Washington, DC 20555–
0001. Ms. Muir may be contacted by
telephone at 1–800–368–5642,
extension 0491 or via e-mail at
jmm7@nrc.gov.
Dated at Rockville, Maryland, this 18th day
of January 2008.
For the Nuclear Regulatory Commission.
Bo Pham,
Acting Branch Chief, Projects Branch 2,
Division of License Renewal, Office of Nuclear
Reactor Regulation.
[FR Doc. E8–1290 Filed 1–24–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–9073]
Notice of License Application Request
of Energy Metals Corporation, Casper,
WY and Opportunity To Request a
Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of license application,
and opportunity to request a hearing.
AGENCY:
A request for a hearing must be
filed by March 25, 2008.
FOR FURTHER INFORMATION CONTACT: Paul
Michalak, Hydrogeologist, Uranium
Recovery Licensing 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) 415–7612;
fax number: (301) 415–5955; e-mail:
pxm2@nrc.gov.
DATES:
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
I. Introduction
By letter dated October 2, 2007,
Energy Metals Corporation—US (EMC),
submitted a Source Materials License
Application to the Nuclear Regulatory
Commission (NRC) for the Moore Ranch
Uranium Project in Campbell County,
Wyoming. The Moore Ranch Uranium
Project would involve the recovery of
uranium by in situ leach (ISL) extraction
techniques.
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16:59 Jan 24, 2008
Jkt 214001
An NRC administrative review,
documented in a letter to EMC dated
December 20, 2007, found the
application acceptable to begin a
technical review (Adams Accession No.
ML073511649). Before approving the
license application, 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 (SER) and a
site-specific environmental review
consistent with the provisions of 10 CFR
Part 51.
II. Opportunity to Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for a source materials license regarding
EMC’s proposal to construct and operate
the Moore Ranch Uranium Project ISL
uranium extraction facility in Campbell
County, Wyoming. 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/requester 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 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 NRCissued digital ID certificate). Each
petitioner/requester 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/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requester has
obtained a digital ID certificate, has a
docket created, and downloaded the EIE
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 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/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 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
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jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
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
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)-(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern 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.
With respect to copyrighted works,
except for limited excerpts that serve
the purpose of the adjudicatory filings
and would constitute a Fair Use
application, participants are requested
not to include copyrighted materials in
their submissions.
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 25, 2008.
In addition to meeting other
applicable requirements of 10 CFR
2.309, 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).
VerDate Aug<31>2005
16:59 Jan 24, 2008
Jkt 214001
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 technical
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 technical (i.e.,
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.
PO 00000
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Fmt 4703
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4643
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 Technical Report for
the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Emergency Planning—primarily
concerns issues relating to matters
discussed or referenced in the
Emergency Plan as it relates to the
proposed action.
4. Physical Security—primarily
concerns issues relating to matters
discussed or referenced in the Physical
Security Plan as it relates to the
proposed action.
5. Miscellaneous—does not fall into
one of the categories outlined above.
If the requester/petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requester/petitioner
must set forth the contention and
supporting bases, in full, separately for
each category into which the requester/
petitioner asserts the contention belongs
with a separate designation for that
category.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so, in accordance with the E-Filing rule,
within ten (10) 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 October 2, 2007 license
application and its supporting
documentation (i.e., Technical Report
and Environmental Report), 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
E:\FR\FM\25JAN1.SGM
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Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Notices
provides text and image files of NRC’s
public documents. The ADAMS
accession number for the documents
related to this Notice is ML072851218,
Redacted Version of Application for
USNRC Source Materials License,
Moore Ranch Uranium Project,
Campbell County, Wyoming. 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 Rockville, Maryland, this 17th day
of January, 2008.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and
Uranium Recovery, Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E8–1305 Filed 1–24–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Managing Gas Accumulation in
Emergency Core Cooling, Decay Heat
Removal, and Containment Spray
Systems
Nuclear Regulatory
Commission.
AGENCY:
ACTION:
Notice of Issuance.
The U.S. Nuclear Regulatory
Commission (NRC) has issued Generic
Letter (GL) 2008–01 all holders of
operating licenses for nuclear power
reactors, except those who have
permanently ceased operations and
have certified that fuel has been
permanently removed from the reactor
vessel. The NRC is issuing this GL to
address the issue of gas 1 accumulation
in the emergency core cooling, decay
heat removal (DHR),2 and containment
spray systems (hereinafter referred to as
jlentini on PROD1PC65 with NOTICES
SUMMARY:
1 ‘‘Gas’’ as used here includes air, nitrogen,
hydrogen, water vapor, or any other void that is not
filled with liquid water.
2 DHR, residual heat removal (RHR), and
shutdown cooling are common names for systems
used to cool the reactor coolant system (RCS)
during some phases of shutdown operation. In this
GL, the NRC staff generally uses ‘‘DHR.’’
VerDate Aug<31>2005
16:59 Jan 24, 2008
Jkt 214001
the ‘‘subject systems’’). Specifically, the
NRC is issuing this GL for two purposes:
(1) To request addressees to submit
information to demonstrate that the
subject systems are in compliance with
the current licensing and design bases
and applicable regulatory requirements,
and that suitable design, operational,
and testing control measures are in
place for maintaining this compliance,
and
(2) To collect the requested
information to determine if additional
regulatory action is required.
This Federal Register notice is
available through the NRC’s
Agencywide Documents Access and
Management System (ADAMS) under
Accession Number ML080160231.
DATES: The GL was issued on January
11, 2008.
ADDRESSES: Not applicable.
FOR FURTHER INFORMATION, CONTACT:
Warren Lyon at 301–415–2897 or by email wcl@nrc.gov or David Beaulieu at
301–415–3243 or e-mail dpb@nrc.gov.
SUPPLEMENTARY INFORMATION: NRC
Generic Letter 2008–01 may be
examined, and/or copied for a fee, at the
NRC’s Public Document Room (PDR) at
One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland.
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/NRC/ADAMS/
index.html. The ADAMS number for the
GL is ML070360665.
If you do not have access to ADAMS
or if you have problems in accessing the
documents in ADAMS, contact the NRC
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 16th day
of January 2008.
For the Nuclear Regulatory Commission.
Martin C. Murphy,
Chief, Generic Communications Branch,
Division of Policy and Rulemaking, Office
of Nuclear Reactor Regulation.
[FR Doc. E8–1302 Filed 1–24–08; 8:45 am]
BILLING CODE 7590–01–P
Excepted Service
U.S. Office of Personnel
Management (OPM).
ACTION: Notice.
AGENCY:
SUMMARY: This gives notice of OPM
decisions granting authority to make
appointments under Schedules A, B,
Frm 00129
Fmt 4703
Sfmt 4703
C.
Penn, Group Manager, Executive
Resources Services Group, Center for
Human Resources, Division for Human
Capital Leadership and Merit System
Accountability, 202–606–2246.
FOR FURTHER INFORMATION CONTACT:
Appearing
in the listing below are the individual
authorities established under Schedules
A, B, and C between December 1, 2007,
and December 31, 2007. Future notices
will be published on the fourth Tuesday
of each month, or as soon as possible
thereafter. A consolidated listing of all
authorities as of June 30 is published
each year.
SUPPLEMENTARY INFORMATION:
Schedule A
No Schedule A appointments were
approved for December 2007.
Schedule B
No Schedule B appointments were
approved for December 2007.
Schedule C
The following Schedule C
appointments were approved during
December 2007.
Section 213.3303
the President
Executive Office of
Office of Management and Budget
BOGS80002 Confidential Assistant to
the Associate Director for Natural
Resource Programs. Effective December
11, 2007.
Office of National Drug Control Policy
QQGS80002 Special Assistant to the
Director to the Chief of Staff. Effective
December 04, 2007.
Section 213.3304
Department of State
DSGS61103 Staff Assistant to the
Under Secretary for Arms Control and
Security Affairs. Effective December 4,
2007.
DSGS61270 Public Affairs Specialist
to the Assistant Secretary for Public
Affairs. Effective December 21, 2007.
Section 213.3305
Treasury
OFFICE OF PERSONNEL
MANAGEMENT
PO 00000
and C in the excepted service as
required by 5 CFR 6.6 and 213.103.
Department of the
DYGS00230 Public Affairs Specialist
to the Director, Public Affairs. Effective
December 27, 2007.
DYGS00501 Special Assistant to the
Under Secretary for Domestic Finance.
Effective December 27, 2007.
DYGS00502 Senior Policy Advisor to
the Under Secretary for Domestic
Finance. Effective December 27, 2007.
E:\FR\FM\25JAN1.SGM
25JAN1
Agencies
[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4642-4644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1305]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9073]
Notice of License Application Request of Energy Metals
Corporation, Casper, WY and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license application, and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by March 25, 2008.
FOR FURTHER INFORMATION CONTACT: Paul Michalak, Hydrogeologist, Uranium
Recovery Licensing 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) 415-7612; fax number: (301)
415-5955; e-mail: pxm2@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated October 2, 2007, Energy Metals Corporation--US
(EMC), submitted a Source Materials License Application to the Nuclear
Regulatory Commission (NRC) for the Moore Ranch Uranium Project in
Campbell County, Wyoming. The Moore Ranch Uranium Project would involve
the recovery of uranium by in situ leach (ISL) extraction techniques.
An NRC administrative review, documented in a letter to EMC dated
December 20, 2007, found the application acceptable to begin a
technical review (Adams Accession No. ML073511649). Before approving
the license application, 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
(SER) and a site-specific environmental review consistent with the
provisions of 10 CFR Part 51.
II. Opportunity to Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a source materials license regarding EMC's proposal to
construct and operate the Moore Ranch Uranium Project ISL uranium
extraction facility in Campbell County, Wyoming. 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/requester
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 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/
requester 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/requester has obtained a digital ID certificate,
has a docket created, and downloaded the EIE 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 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 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
[[Page 4643]]
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)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern 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. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submissions.
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 25, 2008.
In addition to meeting other applicable requirements of 10 CFR
2.309, 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
technical 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
technical (i.e., 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 Technical Report for the proposed
action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
5. Miscellaneous--does not fall into one of the categories outlined
above.
If the requester/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requester/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requester/petitioner asserts the contention belongs with a separate
designation for that category.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so, in accordance with the E-Filing rule, within ten (10) 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 October 2, 2007
license application and its supporting documentation (i.e., Technical
Report and Environmental Report), 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
[[Page 4644]]
provides text and image files of NRC's public documents. The ADAMS
accession number for the documents related to this Notice is
ML072851218, Redacted Version of Application for USNRC Source Materials
License, Moore Ranch Uranium Project, Campbell County, Wyoming. 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 Rockville, Maryland, this 17th day of January, 2008.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery, Licensing
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. E8-1305 Filed 1-24-08; 8:45 am]
BILLING CODE 7590-01-P