Notice of Availability of an Updated Version of the Guidance for Electronic Submissions to the NRC, 66949-66950 [E8-26805]
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Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices
10. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI and/or SGI, and motions for
protective orders, in a timely fashion in
order to minimize any unnecessary
delays in identifying those intervenors/
petitioners who have standing and who
have propounded contentions meeting
the specificity and basis requirements in
10 CFR Part 2. Attachment 1 to this
Order summarizes the general target
66949
schedule for processing and resolving
requests under these procedures.
Dated at Rockville, Maryland, this 3rd day
of November 2008.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) AND SAFEGUARDS INFORMATION (SGI) IN THIS PROCEEDING
Day
Event/activity
0 .........................
Publication of Federal Register notice/other notice of proposed action and opportunity for hearing, including order with instructions for access requests.
Deadline for submitting requests for access to SUNSI and/or SGI with information: supporting the standing of a potential
party identified by name and address; describing the need for the information in order for the potential party to participate
meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 answers to petition for intervention; +7 petitioner/requestor reply).
NRC staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to
believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff
also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of
the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document
processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for
SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records
check), information processing (preparation of redactions or review of redacted documents), and readiness inspections.
If NRC staff finds no ‘‘need,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester to file a motion
seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for
SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by
the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff
to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient
of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding
access, the proposed recipient must be provided an opportunity to correct or explain information.
Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing
the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more
than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other
contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI
contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 .......................
60 .......................
20 .......................
25 .......................
30 .......................
40 .......................
190 .....................
205 .....................
A ........................
A + 3 ..................
A + 28 ................
A + 53 ................
A + 60 ................
B ........................
Nuclear Regulatory
Commission (NRC).
SUMMARY: The latest revision of the
Guidance for Electronic Submissions to
the NRC (Revision 4) is now available
for review. The document can be found
under Submittal Instructions at https://
www.nrc.gov/site-help/esubmittals.html. There are two
significant changes to this document
that are of interest to stakeholders. The
first change covers the recommended
file size for documents submitted to the
NRC via the Electronic Information
Exchange (EIE). In the past, the NRC
suggested that the file size be limited to
no more than 50 megabytes (MB). Based
on operational experience, the NRC is
modifying that recommendation and
now suggests that files sent
electronically to the NRC be no more
than 15 MB. This revised guidance is
intended to address issues that have
arisen because of file size limitations
filing requirements of that rule apply to appeals of
NRC staff determinations (because they must be
served on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI/SGI
requests submitted to the NRC staff under these
procedures.
[FR Doc. E8–26716 Filed 11–10–08; 8:45 am]
ACTION:
Notice of availability.
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NUCLEAR REGULATORY
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Notice of Availability of an Updated
Version of the Guidance for Electronic
Submissions to the NRC
AGENCY:
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Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Notices
and time-out problems associated with
submitter’s internet service providers.
The second major change is to provide
information regarding a new MetaSystem Help Desk, which is being
established to handle specific questions
about electronic filing and portable
document format (PDF) creation
associated with general or adjudicatory
(E-Filing) submissions, as well as to
provide information regarding the
various components of the agency’s
adjudicatory information technology/
information management infrastructure,
including the Licensing Support
Network, the Electronic Hearing Docket,
and the Digital Data Management
System. The new Meta-System Help
Desk, which will open on November 10,
2008, will operate on weekdays
(excluding Federal Holidays) between 8
a.m. and 8 p.m. Eastern Time. The MetaSystem Help Desk can be contacted by
telephone at 1–866–672–7640 or by email at MSHD.Resource@nrc.gov. The
Public Document Room staff, which
previously responded to EIE questions,
is still available to answer general
questions about accessing agency
documents within ADAMS or on the
NRC’s public Web site.
For
questions about the Guidance
document: Thomas Smith, Information
Management Specialist, Information and
Records Services Division, Office of
Information Services, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001. Telephone: 301–415–
7043; e-mail: thomas.smith@nrc.gov.
For questions about the Meta-System
Help Desk: Ron Deavers, Project
Manager, Business Process and Project
Management Branch, Business Process
Improvement and Applications
Division, Office of Information Services,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001,
Telephone: 301–415–7301; e-mail:
ron.deavers@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Documents related to this guidance, are
available electronically at the NRC’s
Electronic Submittals Web page at
https://www.nrc.gov/site-help/esubmittals.html.
Dated at Rockville, MD this 5th day of
November 2008.
For the Nuclear Regulatory Commission.
Joseph J. Holonich,
Director, Information and Records Services
Division, Office of Information Services.
[FR Doc. E8–26805 Filed 11–10–08; 8:45 am]
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[Docket No. 040–01957 (Terminated)]
Notice of Completion of Remediation
at the Homer Laughlin China Co. Site
In Newell, WV
United States Nuclear
Regulatory Commission (NRC).
ACTION: Notice of Completion of
Remediation at the Homer Laughlin
China Co. site in Newell, West Virginia.
AGENCY:
John
Nicholson, Health Physicist,
Decommissioning Branch, Division of
Nuclear Materials Safety, Region I, 475
Allendale Road, King of Prussia, PA
19406; telephone 610–337–5236; fax
number 610–337–5269 or by e-mail:
john.nicholson@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Background
The Homer Laughlin China Company
(HLC) operates on the banks of the Ohio
River in Newell, West Virginia, located
in the state’s northern panhandle. HLC’s
37-acre site contains a number of plant
buildings and structures used in the
production of commercial and retail
tableware.
In 1959, the NRC’s Predecessor
agency, the Atomic Energy Commission
(AEC) issued License No. SUB–81
authorizing possession at the site of
100,000 pounds of source material for
use as a glazing agent (up to 20%
uranium) in the production of ceramic
tableware. The finished glazed ceramic
tableware products were exempt from
licensing requirements. The AEC license
was terminated in 1972, based upon an
HLC letter stating that all remaining
licensed materials had been returned to
their supplier. A routine review of the
terminated license file by the Oak Ridge
National Laboratory (ORNL), under
contract to the NRC, later determined
that there was no record of a licensee
closeout survey or any confirmatory
survey. Based on the terminated
license’s possession limit and the
results of the ORNL review, the NRC
determined that a further assessment of
HLC’s site for residual radioactivity was
needed.
Thus, in 1994, it was found that
approximately 500 pounds of depleted
uranium oxide (U3O8) sand was still on
HLC’s site. A contractor was hired to
survey areas where licensed materials
were used and stored, and to provide a
radiological characterization of the site.
Several additional areas of fixed and
removable contamination exceeding
NRC guidelines for unrestricted use
were identified during the
characterization survey. The HLC
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committed to package and dispose of
the bulk source material, limit access to
contaminated areas, and submit a
decommissioning plan (DP). The NRC
approved the DP in 1995, and HLC and
its contractor began implementing the
DP.
Discussion
The HLC did not complete
decommissioning in some of the
production areas because it was unable
to remove fixed contamination (which
exceeded NRC unrestricted release
guidelines) from surfaces of equipment
and structures using conventional
remediation techniques. After
consultation with NRC, HLC developed
a risk assessment to demonstrate that
the residual fixed contamination would
meet the NRC release criteria. At various
times during the period 1996–2004,
HLC provided additional information to
NRC refining its computer-based risk
analysis, to demonstrate that the
regulatory standard of 25 mrem/yr for
unrestricted release (established in 10
CFR Part 20, Subpart E in 1997) would
be met.
In March 2005, the NRC accepted
HLC’s revised risk assessment
(ML043090164). The NRC determined
that this analysis would be acceptable,
pending removal of all radioactive waste
from the site and review of the final
survey results from the waste storage
area. The uranium oxide sand and the
waste material from decommissioning
activities remained on site until final
disposal options could be assessed. The
materials were packaged and were
stored in a posted and infrequently-used
area of the plant. After further
characterization of the waste was
performed and cost estimates for
disposal were obtained, HLC arranged
for disposal of the waste. The waste was
removed in July 2008, and sent to Waste
Control Specialists, Inc. (WCS) in Texas.
The waste storage area was surveyed
after the waste was removed. An NRC
inspector observed the waste removal
and radiological survey activities. The
survey results were forwarded to the
NRC in September 2008. NRC staff
reviewed the survey results and
performed independent, bounding
calculations that demonstrated that the
dose rate to a worker from potential
residual activity would be less than the
25 millirem/year unrestricted release
standard.
Conclusion
Based on the above, the NRC staff
finds that a reasonable effort had been
made by HLC to eliminate residual
radioactive contamination at its site and
that NRC regulatory requirements are
E:\FR\FM\12NON1.SGM
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Agencies
[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Notices]
[Pages 66949-66950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26805]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Notice of Availability of an Updated Version of the Guidance for
Electronic Submissions to the NRC
AGENCY: Nuclear Regulatory Commission (NRC).
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The latest revision of the Guidance for Electronic Submissions
to the NRC (Revision 4) is now available for review. The document can
be found under Submittal Instructions at https://www.nrc.gov/site-help/
e-submittals.html. There are two significant changes to this document
that are of interest to stakeholders. The first change covers the
recommended file size for documents submitted to the NRC via the
Electronic Information Exchange (EIE). In the past, the NRC suggested
that the file size be limited to no more than 50 megabytes (MB). Based
on operational experience, the NRC is modifying that recommendation and
now suggests that files sent electronically to the NRC be no more than
15 MB. This revised guidance is intended to address issues that have
arisen because of file size limitations
[[Page 66950]]
and time-out problems associated with submitter's internet service
providers. The second major change is to provide information regarding
a new Meta-System Help Desk, which is being established to handle
specific questions about electronic filing and portable document format
(PDF) creation associated with general or adjudicatory (E-Filing)
submissions, as well as to provide information regarding the various
components of the agency's adjudicatory information technology/
information management infrastructure, including the Licensing Support
Network, the Electronic Hearing Docket, and the Digital Data Management
System. The new Meta-System Help Desk, which will open on November 10,
2008, will operate on weekdays (excluding Federal Holidays) between 8
a.m. and 8 p.m. Eastern Time. The Meta-System Help Desk can be
contacted by telephone at 1-866-672-7640 or by e-mail at
MSHD.Resource@nrc.gov. The Public Document Room staff, which previously
responded to EIE questions, is still available to answer general
questions about accessing agency documents within ADAMS or on the NRC's
public Web site.
FOR FURTHER INFORMATION CONTACT: For questions about the Guidance
document: Thomas Smith, Information Management Specialist, Information
and Records Services Division, Office of Information Services, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone:
301-415-7043; e-mail: thomas.smith@nrc.gov. For questions about the
Meta-System Help Desk: Ron Deavers, Project Manager, Business Process
and Project Management Branch, Business Process Improvement and
Applications Division, Office of Information Services, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Telephone: 301-415-
7301; e-mail: ron.deavers@nrc.gov.
SUPPLEMENTARY INFORMATION: Documents related to this guidance, are
available electronically at the NRC's Electronic Submittals Web page at
https://www.nrc.gov/site-help/e-submittals.html.
Dated at Rockville, MD this 5th day of November 2008.
For the Nuclear Regulatory Commission.
Joseph J. Holonich,
Director, Information and Records Services Division, Office of
Information Services.
[FR Doc. E8-26805 Filed 11-10-08; 8:45 am]
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