Notice of License Amendment Request of Crow Butte Resources, Inc., Crawford, NE, and Opportunity To Request a Hearing, 18823-18825 [E8-7175]
Download as PDF
Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Notices
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions about the
information collection requirements
may be directed to the NRC Clearance
Officer, Margaret A. Janney (T–5 F52),
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, by
telephone at 301–415–7245, or by
Internet electronic mail to
INFOCOLLECTS@NRC.GOV.
Dated at Rockville, Maryland, this 1st day
of April, 2008.
For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–7192 Filed 4–4–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
rfrederick on PROD1PC67 with NOTICES
AGENCY:
SUMMARY: The NRC has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a current valid OMB control
number.
1. Type of submission, new, revision,
or extension: Revision.
2. The title of the information
collection: 10 CFR Part 36—Licenses
and Radiation Safety Requirements for
Irradiators.
3. The form number if applicable: Not
applicable.
4. How often the collection is
required: On occasion. It is estimated
that there are approximately two NRC
and eight Agreement State reports
submitted annually.
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5. Who will be required or asked to
report: Irradiator licensees licensed by
NRC or an Agreement State.
6. An estimate of the number of
responses: 85 (10 for reporting (2 NRC
licensees and 8 Agreement States) 75 for
recordkeeping (15 NRC licensees and 60
Agreement States)).
7. The estimated number of annual
respondents: 75 (15 NRC licensees and
60 Agreement State licensees).
8. An estimate of the number of hours
needed annually to complete the
requirement or request: 35,008 (6,988
hours for NRC licensees [6,878
recordkeeping + 110 reporting] and
28,020 hours for Agreement State
licensees [27,510 recordkeeping + 510
reporting]), or 467 hours per licensee.
9. An indication of whether Section
3507(d), Public Law 104–13 applies: Not
applicable.
10. Abstract: 10 CFR Part 36 contains
requirements for the issuance of a
license authorizing the use of sealed
sources containing radioactive materials
in irradiators used to irradiate objects or
materials for a variety of purposes in
research, industry, and other fields. The
subparts cover specific requirements for
obtaining a license or license
exemption, design and performance
criteria for irradiators; and radiation
safety requirements for operating
irradiators, including requirements for
operator training, written operating and
emergency procedures, personnel
monitoring, radiation surveys,
inspection, and maintenance. Part 36
also contains the recordkeeping and
reporting requirements that are
necessary to ensure that the irradiator is
being safely operated so that it poses no
danger to the health and safety of the
general public and the irradiator
employees.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F23, Rockville,
Maryland 20852. OMB clearance
requests are available at the NRC
worldwide web site: https://
www.nrc.gov/public-involve/doccomment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by May 7, 2008. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date. Nathan J. Frey, Office of
Information and Regulatory Affairs
(3150–0158), NEOB–10202, Office of
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18823
Management and Budget, Washington,
DC 20503.
Comments can also be e-mailed to
Nathan_J._Frey@omb.eop.gov or
submitted by telephone at (202) 395–
3087.
The NRC Clearance Officer is
Margaret A. Janney, 301–415–7245.
Dated at Rockville, Maryland, this 31st day
of March, 2008.
For the Nuclear Regulatory Commission.
Tremaine U. Donnell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–7195 Filed 4–4–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No.: 40–8943]
Notice of License Amendment Request
of Crow Butte Resources, Inc.,
Crawford, NE, and Opportunity To
Request a Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of license amendment,
and opportunity to request a hearing.
AGENCY:
A request for a hearing must be
filed by June 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Stephen J. Cohen, Project Manager,
Uranium Recovery Licensing Branch,
Division of Waste Management and
Environmental Protection, Office of
Federal and State and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC, 20555. Telephone: (301) 415–7182;
fax number: (301) 415–5369; e-mail:
sjc7@nrc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has received, by
letter dated November 27, 2007, a
license amendment application from
Crow Butte Resources, Inc. (CBR),
requesting renewal of its source material
license for its in situ leach (ISL)
uranium recovery facility located in
Crawford, Nebraska. License No. SUA–
1534 authorizes the licensee to operate
an ISL uranium recovery facility to
produce yellowcake. Specifically, the
amendment requests that NRC renew
CBR’s current license for a standard 10year period.
An NRC administrative review,
documented in a letter to CBR dated
March 28, 2008, found the application
acceptable to begin a technical review.
If the NRC approves the amendment, the
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Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Notices
approval will be documented in an
amendment to NRC License No.: SUA–
1534. However, before approving the
proposed amendment, the NRC will
need to make the findings required by
the Atomic Energy Act of 1954, as
amended (the Act), and NRC’s
regulations. These findings will be
documented in a Safety Evaluation
Report and an Environmental
Assessment.
rfrederick on PROD1PC67 with NOTICES
II. Opportunity to Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for a license amendment regarding
renewal of Source Materials License
No.: SUA–1534 issued to Crow Butte
Resources for its ISL uranium recovery
facility in Crawford, NE. 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 (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/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 website at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
VerDate Aug<31>2005
15:24 Apr 04, 2008
Jkt 214001
Once a petitioner/requestor has
obtained a digital ID certificate, had 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 website 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 website 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 first-
PO 00000
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Sfmt 4703
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 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
June 6, 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
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07APN1
rfrederick on PROD1PC67 with NOTICES
Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Notices
leave to intervene must set forth with
particularity the contentions sought to
be raised. For each contention, the
request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of the
application (including the applicant’s
environmental report and safety report)
that the requester/petitioner disputes
and the supporting reasons for each
dispute, or, if the requester/petitioner
believes the application fails to contain
information on a relevant matter as
required by law, the identification of
each failure and the supporting reasons
for the requester’s/petitioner’s belief.
In addition, in accordance with 10
CFR 2.309(f)(2), contentions must be
based on documents or other
information available at the time the
petition is to be filed, such as the
application, supporting safety analysis
report, environmental report or other
supporting document filed by an
applicant or licensee, or otherwise
available to the petitioner. On issues
arising under the National
Environmental Policy Act, the
requester/petitioner shall file
contentions based on the applicant’s
environmental report. The requester/
petitioner may amend those contentions
or file new contentions if there are data
or conclusions in the NRC draft, or final
environmental impact statement,
environmental assessment, or any
supplements relating thereto, that differ
significantly from the data or
conclusions in the applicant’s
documents. Otherwise, contentions may
be amended or new contentions filed
after the initial filing only with leave of
the presiding officer.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
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15:24 Apr 04, 2008
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1. Technical—primarily concerns
issues relating to matters discussed or
referenced in the Safety Evaluation
Report for the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. 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
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are: Request for License
Renewal Transmittal Letter
(ML073470645), License Renewal
Application (combined technical and
environmental reports), Part 1
(ML073480266), License Renewal
Application (combined technical and
environmental reports), Part 2
(ML073480267), and the acceptance
review letter dated March 28, 2008
(ML080720341). If you do not have
PO 00000
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18825
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 email to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s Public Document
Room (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, MD, this 31st day of
March, 2008.
For the Nuclear Regulatory Commission.
William vonTill,
Branch Chief, Uranium Recovery Licensing
Branch, Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E8–7175 Filed 4–4–08; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Excepted Service
U.S. Office of Personnel
Management (OPM).
AGENCY:
ACTION:
Notice.
SUMMARY: This gives notice of OPM
decisions granting authority to make
appointments under Schedules A, B,
and C in the excepted service as
required by 5 CFR 6.6 and 213.103.
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 February 1, 2008,
and February 29, 2008. 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 February 2008.
Schedule B
No Schedule B appointments were
approved for February 2008.
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Agencies
[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Notices]
[Pages 18823-18825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7175]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No.: 40-8943]
Notice of License Amendment Request of Crow Butte Resources,
Inc., Crawford, NE, and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment, and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by June 6, 2008.
FOR FURTHER INFORMATION CONTACT: Stephen J. Cohen, Project Manager,
Uranium Recovery Licensing Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State and Environmental
Management Programs, U.S. Nuclear Regulatory Commission, Washington,
DC, 20555. Telephone: (301) 415-7182; fax number: (301) 415-5369; e-
mail: sjc7@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) has received, by
letter dated November 27, 2007, a license amendment application from
Crow Butte Resources, Inc. (CBR), requesting renewal of its source
material license for its in situ leach (ISL) uranium recovery facility
located in Crawford, Nebraska. License No. SUA-1534 authorizes the
licensee to operate an ISL uranium recovery facility to produce
yellowcake. Specifically, the amendment requests that NRC renew CBR's
current license for a standard 10-year period.
An NRC administrative review, documented in a letter to CBR dated
March 28, 2008, found the application acceptable to begin a technical
review. If the NRC approves the amendment, the
[[Page 18824]]
approval will be documented in an amendment to NRC License No.: SUA-
1534. However, before approving the proposed amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations. These findings will be
documented in a Safety Evaluation Report and an Environmental
Assessment.
II. Opportunity to Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a license amendment regarding renewal of Source
Materials License No.: SUA-1534 issued to Crow Butte Resources for its
ISL uranium recovery facility in Crawford, NE. 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 (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/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 website 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 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 website 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 website 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)-(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 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 June 6, 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
[[Page 18825]]
leave to intervene must set forth with particularity the contentions
sought to be raised. For each contention, the request or petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application (including the applicant's environmental report and safety
report) that the requester/petitioner disputes and the supporting
reasons for each dispute, or, if the requester/petitioner believes the
application fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requester's/petitioner's belief.
In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the petition is to be filed, such as the application, supporting safety
analysis report, environmental report or other supporting document
filed by an applicant or licensee, or otherwise available to the
petitioner. On issues arising under the National Environmental Policy
Act, the requester/petitioner shall file contentions based on the
applicant's environmental report. The requester/petitioner may amend
those contentions or file new contentions if there are data or
conclusions in the NRC draft, or final environmental impact statement,
environmental assessment, or any supplements relating thereto, that
differ significantly from the data or conclusions in the applicant's
documents. Otherwise, contentions may be amended or new contentions
filed after the initial filing only with leave of the presiding
officer.
Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Safety Evaluation Report for the
proposed action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. 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
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are: Request for License Renewal
Transmittal Letter (ML073470645), License Renewal Application (combined
technical and environmental reports), Part 1 (ML073480266), License
Renewal Application (combined technical and environmental reports),
Part 2 (ML073480267), and the acceptance review letter dated March 28,
2008 (ML080720341). 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 email to pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's Public Document Room (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, MD, this 31st day of March, 2008.
For the Nuclear Regulatory Commission.
William vonTill,
Branch Chief, Uranium Recovery Licensing Branch, Division of Waste
Management and Environmental Protection, Office of Federal and State
Materials and Environmental Management Programs.
[FR Doc. E8-7175 Filed 4-4-08; 8:45 am]
BILLING CODE 7590-01-P