Notice of Consideration of Amendment Request for Decommissioning of the Department of the Army, U.S. Army Research, Development and Engineering Command, Army Research Laboratory, Aberdeen Proving Ground, MD and Opportunity To Request a Hearing, 53905-53907 [E8-21655]
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Information Security Oversight Office
Public Interest Declassification Board
(PIDB); Notice of Meeting
Pursuant to Section 1102 of the
Intelligence Reform and Terrorism
Prevention Act of 2004 which extended
and modified the Public Interest
Declassification Board (PIDB) as
established by the Public Interest
Declassification Act of 2000 (Pub. L.
106–567, title VII, December 27, 2000,
114 Stat. 2856), announcement is made
for the following committee meeting:
Name of Committee: Public Interest
Declassification Board (PIDB).
Date of Meeting: Saturday, September 27,
2008.
Time of Meeting: 9:30 a.m. to 11:30 a.m.
Place of Meeting: National Archives and
Records Administration, 700 Pennsylvania
Avenue, NW., Room 105, Washington, DC
20408.
Purpose: To discuss declassification
program issues.
This meeting will be open to the public.
However, due to space limitations and access
procedures, the name and telephone number
of individuals planning to attend must be
submitted to the Information Security
Oversight Office (ISOO) no later than
Wednesday, September 24, 2008. ISOO will
provide additional instructions for gaining
access to the location of the meeting.
For Further Information Contact: Julie A.
Agurkis, PIDB Staff, Information Security
Oversight Office, National Archives Building,
700 Pennsylvania Avenue, NW., Washington,
DC 20408, telephone number (202) 357–5308.
Dated: September 10, 2008.
William J. Bosanko,
Director, Information Security Oversight
Office.
[FR Doc. E8–21713 Filed 9–16–08; 8:45 am]
NATIONAL COUNCIL ON DISABILITY
(NCD)
Sunshine Act Meetings
Quarterly Meeting.
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DATES AND TIMES:
October 6, 2008, 8:30 a.m.–5 p.m.
October 7, 2008, 8:30 a.m.–5 p.m.
October 8, 2008, 8:30 a.m.–11 a.m.
LOCATION: Hyatt Regency Crown Center,
2345 McGee Street, Kansas City,
Missouri.
STATUS:
October 6, 2008, 8:30 a.m.–5 p.m.—
Open.
October 7, 2008, 8:30 a.m.–4 p.m.—
Open.
October 7, 2008, 4:00 p.m.–5 p.m.—
Closed Executive Session.
VerDate Aug<31>2005
17:38 Sep 16, 2008
Dated: September 10, 2008.
Michael C. Collins,
Executive Director.
[FR Doc. E8–21858 Filed 9–15–08; 4:15 pm]
BILLING CODE 6820–MA–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–06394]
Notice of Consideration of Amendment
Request for Decommissioning of the
Department of the Army, U.S. Army
Research, Development and
Engineering Command, Army
Research Laboratory, Aberdeen
Proving Ground, MD and Opportunity
To Request a Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of amendment request
and opportunity to request a hearing.
AGENCY:
A request for a hearing must be
filed by November 17, 2008.
FOR FURTHER INFORMATION CONTACT:
Betsy Ullrich, Senior Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I,
U.S. Nuclear Regulatory Commission,
King of Prussia, PA 19406. Telephone:
(610) 337–5040; fax number: (610) 337–
5269; or e-mail:
Elizabeth.Ullrich@nrc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
BILLING CODE 7515–01–P
TYPE:
October 8, 2008, 8:30 a.m.–11 a.m.—
Open.
AGENDA: Public Comment Sessions;
Discussions on Emergency
Preparedness, Vocational Rehabilitation,
Veterans, Healthcare; NCD’s Progress
Report, Reports from the Chairperson,
Council Members, and the Executive
Director; Unfinished Business; New
Business; Announcements;
Adjournment.
SUNSHINE ACT MEETING CONTACT: Mark S.
Quigley, Director of External Affairs,
NCD, 1331 F Street, NW., Suite 850,
Washington, DC 20004; 202–272–2004
(voice), 202–272–2074 (TTY), 202–272–
2022 (fax).
ACCOMMODATIONS: Those needing
reasonable accommodations should
notify NCD immediately.
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I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering issuance of a
license amendment to Source Material
License No. SMB–141 issued to the
Department of the Army, U.S. Army
Research, Development and Engineering
Command, Army Research Laboratory
(the Licensee), to authorize
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53905
decommissioning of its Army Research
Laboratory (ARL) Building 1103A Area
(the Facility) at the Aberdeen Proving
Ground, Maryland, under the Licensee’s
Decommissioning Plan (DP).
An NRC administrative review,
documented in a letter to the Army
Research Laboratory dated August 5,
2008, found the DP acceptable to begin
a technical review.
If the NRC approves the DP, the
approval will be documented in an
amendment to NRC License No. SMB–
141. However, before approving the
proposed amendment, the NRC will
need to make the findings required by
the Atomic Energy Act of 1954, as
amended, and NRC’s regulations. These
findings will be documented in a Safety
Evaluation Report and an
Environmental Assessment and/or an
Environmental Impact Statement. The
license will be amended to authorize
release of the Facility for unrestricted
use if this amendment is approved
following completion of
decommissioning activities and
verification by the NRC that the
radiological criteria for license
termination have been met.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for a license amendment regarding the
decommissioning of Building 1103A
Area. 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 EFiling 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 ten
(10) 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/requester (or its counsel or
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
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.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
sitehelp/e-submittals/applycertificates.html.
Once a petitioner/requester 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 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 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)
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17:38 Sep 16, 2008
Jkt 214001
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville, Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(c)(1)(viii). To be
timely, filings must be submitted no
later than 11:59 p.m. Eastern 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
November 17, 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;
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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 DP
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.
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.
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices
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:
Submittal Letter dated May
19, 2008 ............................
Building 1103A Area DP,
Rev. 0 ................................
Building 1103A Area DP
Rev. 0, App. A, License
No. SMB–141 ...................
Building 1103A Area DP
Rev. 0, App. B, Characterization Report ...................
Building 1103A Area DP
Rev. 0, App. C, Determination of DCGLs ..........
Building 1103A Area DP
Rev. 0, App. D, Final Status Survey Plan ................
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–16045]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment Request to Byproduct
Materials License 45–09599–01 for the
Old Dominion University, Norfolk, VA
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Thomas Thompson, Senior Health
Physicist, Commercial and R&D Branch,
Division of Nuclear Materials Safety,
Region I, 475 Allendale Road, King of
Prussia, PA 19406. Telephone: (610)
ML081550532 337–5303; fax number: (610) 337–5269;
e-mail: TKT@nrc.gov.
ML081550541 SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license renewal to
ML081550553 Materials License No. 45–09599–01.
This license is held by Old Dominion
University (Licensee) in Norfolk,
ML081550557
Virginia. As part of its license renewal,
the Licensee has requested an
ML081550561 exemption from the requirement in 10
CFR 30.32(g) to list sealed sources by
their manufacturer and model number
If you do not have access to ADAMS
or if there are problems in accessing the as registered under the provisions of 10
CFR 32.210. The Licensee requested this
documents located in ADAMS, contact
exemption in a letter dated December
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301– 13, 2005. The NRC has prepared an
Environmental Assessment (EA) in
415–4737, or by e-mail to
pdr.resource@nrc.gov. These documents support of this proposed action in
accordance with the requirements of
may also be viewed electronically on
Title 10, Code of Federal Regulations
the public computers located at the
(CFR), Part 51 (10 CFR Part 51). Based
NRC’s PDR, O 1 F21, One White Flint
on the EA, the NRC has concluded that
North, 11555 Rockville Pike, Rockville,
a Finding of No Significant Impact
MD 20852. The PDR reproduction
(FONSI) is appropriate with respect to
contractor will copy documents for a
the proposed action. The license
fee.
renewal, including the approval of the
Dated at Region I, 475 Allendale Road,
exemption request, will be issued to the
King of Prussia, PA, this 10th day of
Licensee following the publication of
September, 2008.
this FONSI and EA in the Federal
Register.
For the Nuclear Regulatory Commission.
ML081550549
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James P. Dwyer,
Chief, Commercial and R&D Branch,Division
of Nuclear Materials Safety,Region I.
[FR Doc. E8–21655 Filed 9–16–08; 8:45 am]
BILLING CODE 7590–01–P
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II. Environmental Assessment
Identification of Proposed Action
The proposed action would renew
License No. 45–09599–01, including
approval of the Licensee’s request for
exemption submitted on December 13,
2005. License No. 45–09599–01 was
issued on September 11, 1979, pursuant
to 10 CFR Parts 30, 40, and 70, and has
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53907
been amended periodically since that
time. This license authorized the
Licensee for research and development
as defined in 10 CFR 30.4, animal
studies, teaching and training of
students, and calibration and checking
of the licensee’s instruments.
On October 11, 2005, the Licensee
submitted its renewal application for
License No. 45–09599–01. In a letter
dated December 13, 2005, submitted in
response to an inquiry from the NRC,
the Licensee requested an exemption
from the requirement in 10 CFR 30.32(g)
to list sealed sources by their
manufacturer and model number as
registered under the provisions of 10
CFR 32.210. In requesting this
exemption, the Licensee stated that one
of the sources in its inventory is a
custom-made encapsulated sealed
source containing 60 mCi of Eu–155
which has been in its possession since
1982 and has no model number.
Need for the Proposed Action
The licensee has possessed and used
this custom source safely for many
years. This exemption is needed to
authorize the Licensee to continue to
possess this source.
Technical Analysis of the Proposed
Action
10 CFR 30.11(a) states that the
Commission may grant such exemptions
from the requirements of the regulations
as it determines are authorized by law
and will not endanger life or property or
the common defense and security and
are otherwise in the public interest. The
NRC staff has analyzed the Licensee’s
request to be authorized to receive and
take possession of sealed sources and
devices which have not been registered
with the NRC under 10 CFR 32.210 or
with an Agreement State. The NRC staff
considered that the Licensee is qualified
by sufficient training and experience
and has sufficient facilities and
equipment to handle these sources and
devices. Furthermore, NRC inspections
have evaluated the Licensee’s
performance and determined that the
Licensee has safely handled this
unregistered source for many years.
Accordingly, the NRC staff has
concluded that granting this exemption
is authorized by law, will not endanger
life or property or the common defense
and security, and is in the public
interest.
Environmental Impacts of the Proposed
Action
The proposed action is largely
administrative in nature. Approving this
exemption will have no environmental
impact.
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]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53905-53907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21655]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-06394]
Notice of Consideration of Amendment Request for Decommissioning
of the Department of the Army, U.S. Army Research, Development and
Engineering Command, Army Research Laboratory, Aberdeen Proving Ground,
MD and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment request and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by November 17, 2008.
FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health
Physicist, Commercial and R&D Branch, Division of Nuclear Materials
Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia,
PA 19406. Telephone: (610) 337-5040; fax number: (610) 337-5269; or e-
mail: Elizabeth.Ullrich@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuance of
a license amendment to Source Material License No. SMB-141 issued to
the Department of the Army, U.S. Army Research, Development and
Engineering Command, Army Research Laboratory (the Licensee), to
authorize decommissioning of its Army Research Laboratory (ARL)
Building 1103A Area (the Facility) at the Aberdeen Proving Ground,
Maryland, under the Licensee's Decommissioning Plan (DP).
An NRC administrative review, documented in a letter to the Army
Research Laboratory dated August 5, 2008, found the DP acceptable to
begin a technical review.
If the NRC approves the DP, the approval will be documented in an
amendment to NRC License No. SMB-141. However, before approving the
proposed amendment, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended, and NRC's regulations. These
findings will be documented in a Safety Evaluation Report and an
Environmental Assessment and/or an Environmental Impact Statement. The
license will be amended to authorize release of the Facility for
unrestricted use if this amendment is approved following completion of
decommissioning activities and verification by the NRC that the
radiological criteria for license termination have been met.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a license amendment regarding the decommissioning of
Building 1103A Area. 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
ten (10) 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/requester (or its counsel or
[[Page 53906]]
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/sitehelp/e-submittals/apply-certificates.html.
Once a petitioner/requester 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 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 a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville, Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(c)(1)(viii). To be timely, filings must be submitted no
later than 11:59 p.m. Eastern 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 November 17, 2008.
In addition to meeting other applicable requirements of 10 CFR
2.309, the general requirements involving a request for a hearing filed
by a person other than an applicant must state:
1. The name, address, and telephone number of the requester;
2. The nature of the requester's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requester's property, financial, or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requester's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the DP 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.
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.
[[Page 53907]]
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:
Submittal Letter dated May 19, 2008..................... ML081550532
Building 1103A Area DP, Rev. 0.......................... ML081550541
Building 1103A Area DP Rev. 0, App. A, License No. SMB- ML081550549
141....................................................
Building 1103A Area DP Rev. 0, App. B, Characterization ML081550553
Report.................................................
Building 1103A Area DP Rev. 0, App. C, Determination of ML081550557
DCGLs..................................................
Building 1103A Area DP Rev. 0, App. D, Final Status ML081550561
Survey Plan............................................
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.resource@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 Region I, 475 Allendale Road, King of Prussia, PA, this
10th day of September, 2008.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch,Division of Nuclear Materials
Safety,Region I.
[FR Doc. E8-21655 Filed 9-16-08; 8:45 am]
BILLING CODE 7590-01-P
