Notice of Consideration of Amendment Request for Decommissioning of The Department of the Navy, Hypervelocity Gun Facility, Naval Research Laboratory, Chesapeake Beach, MD and Opportunity To Request a Hearing, 15310-15312 [E9-7491]
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information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including the use of
information technology; and (e) whether
small businesses are affected by this
collection. In this notice, NARA is
soliciting comments concerning the
following information collection:
Title: Online Reproduction Orders for
National Archives Records.
OMB Number: 3095–0064.
Agency Form Number: N/A.
Type of Review: Regular.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
45,524.
Estimated Time per Response: 10
minutes.
Frequency of Response: On occasion.
Estimated Total Annual Burden
Hours: 7,587 hours.
Abstract: NARA’s Internet-based
ordering system (Order Online!), has
made accessible Online certain
reproduction order forms (replicas of
the NATF Series 80 Forms and the
NATF 36). Also available are custom
orders for the remaining types of
reproduction services, to allow
researchers to submit reproduction
orders and remit payment
electronically.
The information that NARA collects
for quoted reproduction orders includes
the descriptive information (information
necessary to search for the records),
payment information (e.g., credit card
type, credit card number, and expiration
date), customer name, shipping and
billing address, and phone number.
NARA offers customers the option of
submitting their e-mail address as a
means of facilitating communication
such as order confirmation, status
updates, and issue handling.
meeting of the Advisory Committee on
the Electronic Records Archives
(ACERA). The committee serves as a
deliberative body to advise the Archivist
of the United States, on technical,
mission, and service issues related to
the Electronic Records Archives (ERA).
This includes, but is not limited to,
advising and making recommendations
to the Archivist on issues related to the
development, implementation and use
of the ERA system.
Date of Meeting: April 29–30, 2009.
Time of Meeting: 9 a.m.–4 p.m.
Place of Meeting: 700 Pennsylvania
Avenue, NW., Washington, DC 20408–
0001.
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 Electronic Records
Archives Program at
era.program@nara.gov.
Dated: March 30, 2009.
Martha Morphy,
Assistant Archivist for Information Services.
[FR Doc. E9–7555 Filed 4–2–09; 8:45 am]
[Docket No. 030–29462; NRC–2009–0024]
BILLING CODE 7515–01–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
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Advisory Committee on the Electronic
Records Archives
AGENCY: National Archives and Records
Administration.
ACTION: Notice of meeting.
SUMMARY: In accordance with the
Federal Advisory Committee Act, as
amended (5 U.S.C. Appendix 2), the
National Archives and Records
Administration (NARA) announces a
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SUPPLEMENTARY INFORMATION:
Agenda
•
•
•
•
•
Opening Remarks.
Approval of Minutes.
Committee Updates.
Activities Reports.
Adjournment.
FOR FURTHER INFORMATION CONTACT:
Martha Morphy, Assistant Archivist for
Information Services, (301) 837–1992.
Dated: March 31, 2009.
Mary Ann Hadyka,
Committee Management Office.
[FR Doc. E9–7553 Filed 4–2–09; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
Notice of Consideration of Amendment
Request for Decommissioning of The
Department of the Navy, Hypervelocity
Gun Facility, Naval Research
Laboratory, Chesapeake Beach, 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 June 2, 2009.
FOR FURTHER INFORMATION CONTACT:
Orysia Masnyk Bailey, Health Physicist,
Decommissioning Branch, Division of
Nuclear Materials Safety, Region I, U.S.
Nuclear Regulatory Commission, King
of Prussia, PA 19406. Telephone: (864)
PO 00000
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427–1032; fax number: (610) 680–3497;
or e-mail:
Orysia.MasnykBailey@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering issuance of a
license amendment to Materials License
No. 45–23645–01NA. This license is
held by the Department of the Navy
(Navy or Licensee). This is a Master
Materials License and covers many sites
around the country. The proposed
action pertains to The Hypervelocity
Gun Facility at the Naval Research
Laboratory in Chesapeake Beach,
Maryland (the Facility). The amendment
would authorize the decommissioning
of the Facility under the Licensee’s
Decommissioning Plan.
An NRC administrative review found
the Decommissioning Plan acceptable to
begin a technical review. If the NRC
approves the Decommissioning Plan,
the approval will be documented in an
amendment to NRC License No. 45–
23645–01NA. However, before
approving the proposed amendment, the
NRC will need to make the safety
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. The NRC’s evaluation of
environmental issues will be
documented in a separate report.
Following completion of
decommissioning activities and
verification by the NRC that the
radiological criteria for license
termination have been met, the NRC
will amend the license to authorize
release of the Facility for unrestricted
use.
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 the Facility. 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
(promulgated in August 28, 2007; 72 FR
49139). 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.
In order to comply with the
procedural requirements of E-Filing, at
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least ten days prior to the filing
deadline, the petitioner/requester must
contact the Office of the Secretary by email 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
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, a component of
the E-Filing system. The Workplace
Forms ViewerTM is free and is available
at https://www.nrc.gov/site-help/esubmittals/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/requester has
obtained a digital ID certificate, had an
electronic docket created, and
downloaded the Electronic Information
Exchange viewer, the individual can
then submit a request for hearing or
petition for leave to intervene.
Submissions should be in Portable
Document Format 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 the
Electronic Information Exchange. To be
timely, an electronic filing must be
submitted to the Electronic Information
Exchange system no later than 11:59
p.m. Eastern Standard Time on the due
date. Upon receipt of a transmission, the
E-Filing system time-stamps the
document and sends the submitter an email notice confirming receipt of the
document. The Electronic Information
Exchange system also distributes an email 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 does not
need to 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
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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
electronic filing Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
help electronic filing Help Desk can be
contacted by telephone at 1–866–672–
7640 or by e-mail at
MSHD.Resource@nrc.gov.
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.
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). In order to be
considered timely, filings must be
submitted no later than 11:59 p.m.
Eastern Standard 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
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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 2, 2009.
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 that
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.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
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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 that 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
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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 documents related to
this action are listed below, along with
their ADAMS accession numbers:
1. Hypervelocity Gun Facility
Decommissioning Assessment, ADAMS
Accession No. ML070330468 and
2. Hypervelocity Gun Facility
Decommissioning Plan, ADAMS
Accession No. ML081640631.
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 Public Document Room
reproduction contractor will copy
documents for a fee.
Dated at Region I, 475 Allendale Road,
King of Prussia, PA, this 27th day of March,
2009.
For the Nuclear Regulatory Commission.
Randolph H. Ragland, Jr.,
Chief, Decommissioning Branch, Division of
Nuclear Materials Safety, Region I.
[FR Doc. E9–7491 Filed 4–2–09; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–1257; NRC–2009–0147]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment for AREVA NP, Inc.,
Richland, WA
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of availability.
FOR FURTHER INFORMATION CONTACT:
Gloria Kulesa, Senior Environmental
Project Manager, Environmental Review
Branch, Division of Waste Management
and Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Rockville, Maryland 20852. Telephone:
(301) 415–5308; fax number: (301) 415–
5369; e-mail: Gloria.Kulesa@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering the renewal of
Special Nuclear Material License SNM–
1227 for the continued operation of the
AREVA NP, Inc. Fuel Fabrication
Facility located in Richland,
Washington. This renewal authorizes
the licensee to receive and possess
nuclear materials at the Richland
facility to fabricate and assemble
nuclear fuel components under the
provisions of 10 CFR part 70, Domestic
Licensing of Special Nuclear Material. If
NRC approves the renewal of the
license, the term would cover 40 years.
NRC has prepared an Environmental
Assessment (EA) in support of this
action in accordance with the
requirements of 10 CFR part 51. Based
on the EA, the NRC has concluded that
a Finding of No Significant Impact
(FONSI) is appropriate. If approved,
NRC will issue the renewed license
following the publication of this notice.
II. EA Summary
The licensee requests approval to
renew SNM–1227 for an additional 40
years at the Richland, Washington
facility. Specifically, this would allow
AREVA NP to continue manufacturing
and assembling nuclear fuel
components for use in commercial lightwater-cooled nuclear reactors. On
October 24, 2006, AREVA NP requested
that NRC approve the proposed
amendment. AREVA NP’s request for
the proposed change was previously
noticed in the Federal Register on
March 15, 2007 (72 FR 12202), with a
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Notice of an Opportunity to Request a
Hearing.
The staff has prepared the EA in
support of the proposed license
renewal. Staff considered 12
environmental impacts in their
evaluation, including: Land use;
transportation; socioeconomics; air
quality; water quality; geology and soils;
ecology; noise; historic and cultural;
scenic and visual; public and
occupational health; and waste
management. All of the environmental
impacts were small, with the exception
of transportation. NRC staff considered
the transportation long-term and
cumulative impacts as small-tomoderate based on projected population
growth estimates and anticipated
development of residential communities
and commercial lands. The regional
government and industry
collaboratively plan the area’s future
transportation system to minimize
traffic impacts. NRC considers that the
proactive planning efforts will keep the
impact small. A brief summary of the
other environmental resources follows.
The license renewal request does not
require altering the site footprint nor
does it change the operating processes
of the existing facility, therefore there
are no anticipated impacts in land use,
noise, historic and cultural, scenic and
visual, and site ecology resources. The
proposed action will not adversely
affect federal or state-listed threatened
or endangered species nor flora and
fauna in the site vicinity. AREVA NP is
a major business that contributes a
positive benefit towards the region’s
socioeconomics. Airborne and liquid
effluent monitoring indicates readings
below regulatory 10 CFR part 20 limits
for non-radiological and radiological
contaminants. Public and occupational
exposures are below the limit
established in 10 CFR part 20. AREVA
NP maintains acceptable waste
management practices and procedures.
The staff concluded that the proposed
40 year renewal of license SNM–1227
will not result in a significant impact to
the environment.
NRC staff consulted with other
agencies regarding the proposed action,
including the U.S. Fish and Wildlife
Service (USFWS), the Washington
Department of Ecology, Washington
Department of Archaeology and Historic
Preservation [i.e. the State Historic
Preservation Office], the Confederated
Tribes and Bands of the Yakama Nation
[i.e., one of the two local Tribal Historic
Preservation Offices], and the
Confederated Tribes of the Umatilla
Indian Reservation. The consultations
ensured that the requirements of Section
7 of the Endangered Species Act and
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Agencies
[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15310-15312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7491]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-29462; NRC-2009-0024]
Notice of Consideration of Amendment Request for Decommissioning
of The Department of the Navy, Hypervelocity Gun Facility, Naval
Research Laboratory, Chesapeake Beach, 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 June 2, 2009.
FOR FURTHER INFORMATION CONTACT: Orysia Masnyk Bailey, Health
Physicist, Decommissioning Branch, Division of Nuclear Materials
Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia,
PA 19406. Telephone: (864) 427-1032; fax number: (610) 680-3497; or e-
mail: Orysia.MasnykBailey@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuance of
a license amendment to Materials License No. 45-23645-01NA. This
license is held by the Department of the Navy (Navy or Licensee). This
is a Master Materials License and covers many sites around the country.
The proposed action pertains to The Hypervelocity Gun Facility at the
Naval Research Laboratory in Chesapeake Beach, Maryland (the Facility).
The amendment would authorize the decommissioning of the Facility under
the Licensee's Decommissioning Plan.
An NRC administrative review found the Decommissioning Plan
acceptable to begin a technical review. If the NRC approves the
Decommissioning Plan, the approval will be documented in an amendment
to NRC License No. 45-23645-01NA. However, before approving the
proposed amendment, the NRC will need to make the safety 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. The NRC's evaluation of environmental issues will be documented
in a separate report. Following completion of decommissioning
activities and verification by the NRC that the radiological criteria
for license termination have been met, the NRC will amend the license
to authorize release of the Facility for unrestricted use.
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
the Facility. 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 (promulgated in August 28, 2007; 72 FR 49139). 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.
In order to comply with the procedural requirements of E-Filing, at
[[Page 15311]]
least ten 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 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, 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/requester has obtained a digital ID certificate,
had an electronic docket created, and downloaded the Electronic
Information Exchange viewer, the individual can then submit a request
for hearing or petition for leave to intervene. Submissions should be
in Portable Document Format 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 the Electronic Information Exchange. To
be timely, an electronic filing must be submitted to the Electronic
Information Exchange system no later than 11:59 p.m. Eastern Standard
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 Electronic Information
Exchange 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 does not need to 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 electronic filing
Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time,
Monday through Friday, excluding government holidays. The help
electronic filing Help Desk can be contacted by telephone at 1-866-672-
7640 or by e-mail at MSHD.Resource@nrc.gov.
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). In order to be considered timely, filings must
be submitted no later than 11:59 p.m. Eastern Standard 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 2, 2009.
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 that 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.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a
[[Page 15312]]
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 that 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 documents related to this
action are listed below, along with their ADAMS accession numbers:
1. Hypervelocity Gun Facility Decommissioning Assessment, ADAMS
Accession No. ML070330468 and
2. Hypervelocity Gun Facility Decommissioning Plan, ADAMS Accession
No. ML081640631.
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 Public Document Room reproduction contractor will copy documents
for a fee.
Dated at Region I, 475 Allendale Road, King of Prussia, PA, this
27th day of March, 2009.
For the Nuclear Regulatory Commission.
Randolph H. Ragland, Jr.,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E9-7491 Filed 4-2-09; 8:45 am]
BILLING CODE 7590-01-P