Notice of License Amendment Request To Revert to Operating Status From Restoration and Decommissioning Status, COGEMA Mining, Inc., Christensen and Irigaray Ranch Facilities, Johnson and Campbell Counties, WY, and Opportunity To Request a Hearing, 14279-14281 [E8-5263]

Download as PDF Federal Register / Vol. 73, No. 52 / Monday, March 17, 2008 / Notices that results in the failure to meet a safety measure (e.g., a death, release with significant impact on the environment, etc.); (2) licensee has an event that results in an abnormal occurrence, or an event that qualifies for a severity level I or II violation, or multiple events that meet the agency strategic plan performance measure (e.g., reportable loss of material, breakdown of physical protection, etc.), and technical staff believes that there are unique or unusual aspects of the cases that are not adequately or appropriately handled within the normal inspection and enforcement process; or (3) licensee has significant breakdowns in its licensed program, where the breakdowns involve more than one compliance item (e.g., a dose monitoring breakdown and a widespread failure to implement and maintain required procedures), and technical staff believe that there are unique or unusual aspects of the cases that are not adequately or appropriately handled within the normal inspection and enforcement processes. pwalker on PROD1PC71 with NOTICES Proposed Criteria for Determining Materials Licensees for the AARM The NRC is proposing the following revision to the existing criteria for determining materials licensees with significant performance issues: (1) Strategic Plan—Licensee has an event that results in the failure to meet a strategic outcome for safety and security in the NRC strategic plan, which may be found in NUREG–1614; (2) Significant Issue—Licensee has an issue or event that results in an abnormal occurrence report to Congress, as described in NRC Management Directive 8.1, or a severity level I or II violation, as described in the NRC Enforcement Policy, or a level 3 or higher International Nuclear Scale Report to the International Atomic Energy Agency, as described in NRC Management Directive 5.12, and there are unique or unusual aspects of the licensee’s performance that warrant additional NRC oversight (e.g., a significant event, which requires an incident investigation team (IIT) or augmented inspection team (AIT)); or (3) Performance Trend—Licensee has multiple and/or repetitive significant program issues identified over more than one inspection, or inspection period, and the issues are supported by escalated enforcement, which includes the Alternate Dispute Resolution (ADR) process, and there are unique or unusual aspects of the licensee’s performance that warrant additional NRC oversight (e.g., oversight panel formed for order implementation). VerDate Aug<31>2005 16:19 Mar 14, 2008 Jkt 214001 You can find NRC’s strategic plan (NUREG–1614) and the referenced management directives and enforcement policy on NRC’s public document collections Web page at https:// www.nrc.gov/reading-rm/doccollections/. Dated at Rockville, Maryland, this 11th day of March 2008. For the Nuclear Regulatory Commission. George Pangburn, Deputy Director, Office of Federal and State Materials,and Environmental Management Programs. [FR Doc. E8–5258 Filed 3–14–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 040–08502] Notice of License Amendment Request To Revert to Operating Status From Restoration and Decommissioning Status, COGEMA Mining, Inc., Christensen and Irigaray Ranch Facilities, Johnson and Campbell Counties, WY, and Opportunity To Request a Hearing U.S. Nuclear Regulatory Commission. ACTION: Notice of license amendment request and opportunity to request a hearing. AGENCY: A request for a hearing must be filed by May 16, 2008. FOR FURTHER INFORMATION CONTACT: Ron C. Linton, Project Manager, 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) 415–7777; fax number: (301) 415–5369; e-mail: rcl1@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Introduction By letter dated April 3, 2007, COGEMA Mining, Inc. (COGEMA), submitted a Source Materials License Amendment request to its license SUA– 1341 to the U.S. Nuclear Regulatory Commission (NRC) to revert to operating (uranium production) status from restoration and decommissioning status at the Christensen and Irigaray Ranch Facilities in Johnson and Campbell Counties, Wyoming. The change in status request would involve restarting uranium production operations and the recovery of uranium by in situ leach (ISL) extraction techniques as PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 14279 previously licensed by the NRC. An NRC administrative review, documented in a letter to COGEMA dated June 28, 2007, found the amendment request acceptable to begin a technical review (Adams Accession No. ML071790033). Before approving the license amendment, the NRC findings required by the Atomic Energy Act of 1954, the National Environmental Policy Act and NRC’s regulations, will have been made. These findings will be documented in a Technical Evaluation Report and a site-specific environmental review consistent with the provisions in 10 CFR part 51. II. Opportunity To Request a Hearing The April 3, 2007 amendment request pertains to COGEMA’s 10 CFR 40 source materials license, and is COGEMA’s proposal to restart uranium production operations at its facilities in Johnson and Campbell Counties, Wyoming. Any person whose interest may be affected by this proposal, and who desires to participate as a party in an NRC adjudicatory proceeding, must file a request for a hearing. The hearing request must include a specification of the contentions which the person seeks to have litigated, and must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007, 72 FR 49139 (August 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 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. E:\FR\FM\17MRN1.SGM 17MRN1 pwalker on PROD1PC71 with NOTICES 14280 Federal Register / Vol. 73, No. 52 / Monday, March 17, 2008 / Notices 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/requester has obtained a digital ID certificate, has a docket created, and downloaded the EIE viewer, the petitioner/requester 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, VerDate Aug<31>2005 16:19 Mar 14, 2008 Jkt 214001 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 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 May 16, 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 or licensee 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 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 or licensee on a material issue of law or fact. This information must include references to specific portions of the amendment request 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 amendment request, other supporting documents 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 environmental information supplied by the licensee or previous environmental analysis. 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 or licensee’s documents. Otherwise, contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer. E:\FR\FM\17MRN1.SGM 17MRN1 Federal Register / Vol. 73, No. 52 / Monday, March 17, 2008 / Notices pwalker on PROD1PC71 with NOTICES 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 technical documents for the proposed action. 2. Environmental—primarily concerns issues relating to matters discussed or referenced in the environmental documents 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 are available electronically at the NRC’s Electronic Reading Room at https:// www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The ADAMS accession numbers for the documents related to this Notice are ML071020274, VerDate Aug<31>2005 16:19 Mar 14, 2008 Jkt 214001 Letter from T. Hardgrove, COGEMA Mining, Re: Request for Amendment to License SUA–1341 for Restart of Irigaray/Christensen Ranch Facilities, and ML080140205, Tom Hardgrove ltr re: Amendment Request to Change From Restoration and Decommissioning Status to Operating Status, Irigaray/ Christensen Ranch Facilities, Cogema Mining, Inc. 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 6th day of March, 2008. For the U.S. 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. E8–5263 Filed 3–14–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Progress Energy; Notice of Receipt and Availability of Application for a Combined License On February 19, 2008, Progress Energy (PE, or the applicant) filed with the Nuclear Regulatory Commission (NRC, the Commission) pursuant to Section 103 of the Atomic Energy Act and 10 CFR part 52, an application for a combined license (COL) for two AP1000 advanced passive pressurized water power reactors at the Shearon Harris facility near the town of New Hill in Wake County, North Carolina. The reactors are to be identified as Shearon Harris Units 2 and 3. An applicant may seek a COL in accordance with Subpart C of 10 CFR part 52. The information submitted by the applicant includes certain administrative information such as financial qualifications submitted pursuant to 10 CFR 52.77, as well as technical information submitted pursuant to 10 CFR 52.79. The applicant also requested exemptions from certain requirements of Section IV.A.2.a PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 14281 Appendix D to 10 CFR part 52 and 10 CFR 52.79(a)(44), as documented in part 7 of the application. Subsequent Federal Register notices will address the acceptability of the tendered COL application for docketing and provisions for participation of the public in the COL review process. A copy of the application is available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this site, members of the public can access the NRC’s Agencywide Documents Access and Management Systems (ADAMS), which provides text and files of the NRC’s public documents. The ADAMS accession number for the application is ML080580078. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC Public Document Room staff by telephone at 1–800–397–4209 or 301– 415–4737, or by e-mail to pdr@nrc.gov. The application may also be viewed electronically on the public computers located at the NRC’s Public Document Room (PDR), 01 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. The application is also available at https://www.nrc.gov/reactors/newlicensing/col.html. Dated at Rockville, Maryland, this 11th day of March 2008. For the Nuclear Regulatory Commission. Serita Sanders, Project Manager, AP1000 Projects Branch 2, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E8–5262 Filed 3–14–08; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94–409, that the Securities and Exchange Commission will hold the following meeting during the week of March 17, 2008: A Closed Meeting will be held on Wednesday, March 19, 2008 at 2 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 73, Number 52 (Monday, March 17, 2008)]
[Notices]
[Pages 14279-14281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5263]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 040-08502]


Notice of License Amendment Request To Revert to Operating Status 
From Restoration and Decommissioning Status, COGEMA Mining, Inc., 
Christensen and Irigaray Ranch Facilities, Johnson and Campbell 
Counties, WY, and Opportunity To Request a Hearing

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of license amendment request and opportunity to request 
a hearing.

-----------------------------------------------------------------------

DATES: A request for a hearing must be filed by May 16, 2008.

FOR FURTHER INFORMATION CONTACT: Ron C. Linton, Project Manager, 
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) 415-7777; fax number: (301) 415-
5369; e-mail: rcl1@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated April 3, 2007, COGEMA Mining, Inc. (COGEMA), 
submitted a Source Materials License Amendment request to its license 
SUA-1341 to the U.S. Nuclear Regulatory Commission (NRC) to revert to 
operating (uranium production) status from restoration and 
decommissioning status at the Christensen and Irigaray Ranch Facilities 
in Johnson and Campbell Counties, Wyoming. The change in status request 
would involve restarting uranium production operations and the recovery 
of uranium by in situ leach (ISL) extraction techniques as previously 
licensed by the NRC. An NRC administrative review, documented in a 
letter to COGEMA dated June 28, 2007, found the amendment request 
acceptable to begin a technical review (Adams Accession No. 
ML071790033). Before approving the license amendment, the NRC findings 
required by the Atomic Energy Act of 1954, the National Environmental 
Policy Act and NRC's regulations, will have been made. These findings 
will be documented in a Technical Evaluation Report and a site-specific 
environmental review consistent with the provisions in 10 CFR part 51.

II. Opportunity To Request a Hearing

    The April 3, 2007 amendment request pertains to COGEMA's 10 CFR 40 
source materials license, and is COGEMA's proposal to restart uranium 
production operations at its facilities in Johnson and Campbell 
Counties, Wyoming. Any person whose interest may be affected by this 
proposal, and who desires to participate as a party in an NRC 
adjudicatory proceeding, must file a request for a hearing. The hearing 
request must include a specification of the contentions which the 
person seeks to have litigated, and must be filed in accordance with 
the NRC E-Filing rule, which the NRC promulgated in August 2007, 72 FR 
49139 (August 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.

[[Page 14280]]

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, the petitioner/
requester 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 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 May 16, 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 or licensee 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 or licensee on a material issue of law or 
fact. This information must include references to specific portions of 
the amendment request 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 amendment request, other 
supporting documents 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 environmental information supplied by the licensee 
or previous environmental analysis. 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 or 
licensee's documents. Otherwise, contentions may be amended or new 
contentions filed after the initial filing only with leave of the 
presiding officer.

[[Page 14281]]

    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 technical documents for the proposed action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the environmental documents 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 are available electronically at 
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this Notice are ML071020274, Letter from T. 
Hardgrove, COGEMA Mining, Re: Request for Amendment to License SUA-1341 
for Restart of Irigaray/Christensen Ranch Facilities, and ML080140205, 
Tom Hardgrove ltr re: Amendment Request to Change From Restoration and 
Decommissioning Status to Operating Status, Irigaray/Christensen Ranch 
Facilities, Cogema Mining, Inc. 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 6th day of March, 2008.

    For the U.S. 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. E8-5263 Filed 3-14-08; 8:45 am]
BILLING CODE 7590-01-P
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