Notice of Consideration of Amendment Requests for Decommissioning of the Bell Laboratories, Murray Hill Facility, Murray Hill, NJ and Opportunity To Request a Hearing, 74529-74531 [E8-28941]
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
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Dated: December 4, 2008.
Helaine M. Barnett,
President.
[FR Doc. E8–29130 Filed 12–4–08; 4:15 pm]
BILLING CODE 7050–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 030–05224 and 040–08478]
Notice of Consideration of Amendment
Requests for Decommissioning of the
Bell Laboratories, Murray Hill Facility,
Murray Hill, NJ 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 February 6, 2009.
FOR FURTHER INFORMATION CONTACT:
Steve Hammann, Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I,
U.S. Nuclear Regulatory Commission,
King of Prussia, PA 9406. Telephone:
(610) 337–5399; fax number: (610) 337–
5269; or e-mail: stephen.hammann@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering issuance of license
amendments to Byproduct Materials
License No. 29–00170–03 and Source
Materials License No. SMB–1260 issued
to Bell Laboratories (the Licensee), to
authorize decommissioning of its
Murray Hill Facility (the Facility) in
Murray Hill, New Jersey under the
Licensee’s proposed Decommissioning
Plan (DP). The Licensee requested this
action by filing dated June 12, 2008.
An NRC administrative review,
documented in a letter to Bell
Laboratories dated October 9, 2008,
found the DP acceptable to begin a
technical review.
If the NRC approves the DP, the
approval will be documented in
amendments to NRC License Nos. 29–
00170–03 and SMB–1260. However,
before approving the proposed
amendments, 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
Licensee’s DP proposes release of the
Facility for unrestricted use. This would
occur following completion of
decommissioning activities and
verification by the NRC that the
radiological criteria for license
termination have been met.
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II. Opportunity To Request a Hearing
The NRC hereby provides notice that
this is a proceeding on the Licensee’s
application dated June 12, 2008. In
accordance with the general
requirements in Subpart C of 10 CFR
Part 2, as amended on January 14, 2004
(69 FR 2182), 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.
A request for hearing or a petition for
leave to intervene must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated on August
28, 2007 (72 FR 49139). The E-Filing
process 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/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 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/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 Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.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 Web site at
https://www.nrc.gov/site-help/e-
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
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/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 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.
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,
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16:32 Dec 05, 2008
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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
personal privacy information, such as
social security numbers, home
addresses, or home phone 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.
In accordance with 10 CFR 2.309 (b),
a request for a hearing must be filed by
February 6, 2009.
In addition to meeting the above
requirements, 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
requesters 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 requesters interest;
and
5. The circumstances establishing that
the request for a hearing is timely in
accordance with 10 CFR 2.309 (b).
In accordance with 10 CFR 2.309
(f)(1), a request for hearing or petitions
for leave to intervene must set forth
with particularity the contentions
sought to be raised. For each contention,
the request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of the
application that the requester/petitioner
disputes and the supporting reasons for
each dispute, or, if the requester/
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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
hearing request is filed.
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 writing 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:
Submittal Letter dated June 12, 2008:
ML081910071.
Decommissioning Plan, Volume 1:
ML081910076.
Decommissioning Plan, Volume 2:
ML081910083.
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.
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Notices
Dated at Region I, 475 Allendale Road,
King of Prussia, PA, this 1st day of December
2008.
For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E8–28941 Filed 12–5–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Draft Regulatory Guide: Issuance,
Availability
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance, Availability of Draft
Regulatory Guide (DG)–1178.
mstockstill on PROD1PC66 with NOTICES
FOR FURTHER INFORMATION CONTACT:
Khoi H. Nguyen, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: (301) 251–
7453 or e-mail Khoi.Nguyen@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has issued for public
comment a draft guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public such information
as methods that are acceptable to the
NRC staff for implementing specific
parts of the NRC’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
The draft regulatory guide, entitled,
‘‘Instrument Sensing Lines,’’ is
temporarily identified by its task
number, DG–1178, which should be
mentioned in all related
correspondence. This guide describes a
method that the staff of the NRC
considers acceptable for use in
complying with the Commission’s
regulations with regard to the design
and installation of safety-related
instrument sensing lines in nuclear
power plants. To meet these objectives,
the sensing lines must serve a safetyrelated function to prevent release of
reactor coolant as a part of the reactor
coolant pressure boundary and provide
adequate connection to the reactor
coolant system for measuring process
variables (e.g., pressure, level, and
flow). The term ‘‘safety-related’’ refers to
those structures, systems, and
components necessary to ensure (1) The
integrity of the reactor coolant pressure
boundary, (2) the capability to shut
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down the reactor and maintain it in a
safe shutdown condition, or (3) the
capability to prevent or mitigate the
consequences of accidents that could
result in potential offsite exposures
comparable to the guideline exposures
of Title 10, Part 100 of the Code of
Federal Regulations, (10 CFR Part 100),
‘‘Reactor Site Criteria.’’
II. Further Information
The NRC staff is soliciting comments
on DG–1178. Comments may be
accompanied by relevant information or
supporting data, and should mention
DG–1178 in the subject line. Comments
submitted in writing or in electronic
form will be made available to the
public in their entirety through the
NRC’s Agencywide Documents Access
and Management System (ADAMS).
Personal information will not be
removed from your comments. You may
submit comments by any of the
following methods:
1. Mail comments to: Rulemaking,
Directives, and Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
2. E-mail comments to:
nrcrep.resource@nrc.gov.
3. Hand-deliver comments to:
Rulemaking, Directives, and Editing
Branch, Office of Administration, U.S.
Nuclear Regulatory Commission, 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
on Federal workdays.
4. Fax comments to: Rulemaking,
Directives, and Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission at (301) 415–5144.
Requests for technical information
about DG–1178 may be directed to the
NRC Senior Program Manager, Khoi H.
Nguyen at (301) 251–7453 or e-mail to
Khoi.Nguyen@nrc.gov.
Comments would be most helpful if
received by February 6, 2009.
Comments received after that date will
be considered if it is practical to do so,
but the NRC is able to ensure
consideration only for comments
received on or before this date.
Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
Electronic copies of DG–1178 are
available through the NRC’s public Web
site under Draft Regulatory Guides in
the ‘‘Regulatory Guides’’ collection of
the NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also
available in ADAMS (https://
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74531
www.nrc.gov/reading-rm/adams.html),
under Accession No. ML080510453.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR), which is
located at 11555 Rockville Pike,
Rockville, Maryland. The PDR’s mailing
address is USNRC PDR, Washington, DC
20555–0001. The PDR can also be
reached by telephone at (301) 415–4737
or (800) 397–4205, by fax at (301) 415–
3548, and by e-mail to
pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 1st day
of December 2008.
For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. E8–28937 Filed 12–5–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–016–COL; ASLBP No. 09–
874–02–COL–BD01]
Calvert Cliffs 3 Nuclear Project, LLC,
and Unistar Nuclear Operating
Services, LLC; Establishment of
Atomic Safety and Licensing Board
Pursuant to delegation by the
Commission dated December 29, 1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 2.104, 2.300,
2.303, 2.309, 2.311, 2.318, and 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board (Board) is
being established to preside over the
following proceeding:
Calvert Cliffs 3 Nuclear Project, LLC,
and UniStar Nuclear Operating
Services, LLC
(Calvert Cliffs Nuclear Power Plant Unit
3)
This proceeding concerns a Petition to
Intervene from the Nuclear Information
and Resource Service (NIRS), Beyond
Nuclear, and the Public Citizen Energy
Program and Maryland Public Interest
Research Group, which was submitted
in response to a September 26, 2008
Notice of Hearing and Opportunity to
Petition for Leave to Intervene on a
Combined License for the Calvert Cliffs
Nuclear Power Plant Unit 3 (73 FR
55,876). The Petition to Intervene
challenges the application filed by
Calvert Cliffs 3 Nuclear Project, LLC and
UniStar Nuclear Operating Services,
E:\FR\FM\08DEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74529-74531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28941]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 030-05224 and 040-08478]
Notice of Consideration of Amendment Requests for Decommissioning
of the Bell Laboratories, Murray Hill Facility, Murray Hill, NJ 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 February 6, 2009.
FOR FURTHER INFORMATION CONTACT: Steve Hammann, Health Physicist,
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region
I, U.S. Nuclear Regulatory Commission, King of Prussia, PA 9406.
Telephone: (610) 337-5399; fax number: (610) 337-5269; or e-mail:
stephen.hammann@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuance of
license amendments to Byproduct Materials License No. 29-00170-03 and
Source Materials License No. SMB-1260 issued to Bell Laboratories (the
Licensee), to authorize decommissioning of its Murray Hill Facility
(the Facility) in Murray Hill, New Jersey under the Licensee's proposed
Decommissioning Plan (DP). The Licensee requested this action by filing
dated June 12, 2008.
An NRC administrative review, documented in a letter to Bell
Laboratories dated October 9, 2008, found the DP acceptable to begin a
technical review.
If the NRC approves the DP, the approval will be documented in
amendments to NRC License Nos. 29-00170-03 and SMB-1260. However,
before approving the proposed amendments, 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 Licensee's DP proposes release of
the Facility for unrestricted use. This would occur 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 the
Licensee's application dated June 12, 2008. In accordance with the
general requirements in Subpart C of 10 CFR Part 2, as amended on
January 14, 2004 (69 FR 2182), 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.
A request for hearing or a petition for leave to intervene must be
filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
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/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 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 Web site 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 Web site at https://www.nrc.gov/
site-help/e-
[[Page 74530]]
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.
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 personal
privacy information, such as social security numbers, home addresses,
or home phone 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.
In accordance with 10 CFR 2.309 (b), a request for a hearing must
be filed by February 6, 2009.
In addition to meeting the above requirements, 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 requesters 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 requesters interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309 (b).
In accordance with 10 CFR 2.309 (f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application 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 hearing request is filed.
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 writing 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:
Submittal Letter dated June 12, 2008: ML081910071.
Decommissioning Plan, Volume 1: ML081910076.
Decommissioning Plan, Volume 2: ML081910083.
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.
[[Page 74531]]
Dated at Region I, 475 Allendale Road, King of Prussia, PA, this
1st day of December 2008.
For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E8-28941 Filed 12-5-08; 8:45 am]
BILLING CODE 7590-01-P
