Westinghouse Electric Company, LLC; License Amendment Request, Opportunity To Provide Comments, Request a Hearing and To Petition for Leave To Intervene, 34792-34794 [2010-14759]
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34792
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
provide at least 10 days for an individual to
initiate an action challenging the results of a
FBI CHRC after the record is made available
for his/her review. The licensee may make a
final access determination based on the
criminal history record only upon receipt of
the FBI’s ultimate confirmation or correction
of the record. Upon a final adverse
determination on access to an ISFSI, the
licensee shall provide the individual its
documented basis for denial. Access to an
ISFSI shall not be granted to an individual
during the review process.
G. Protection of Information
1. The licensee shall develop, implement,
and maintain a system for personnel
information management with appropriate
procedures for the protection of personal,
confidential information. This system shall
be designed to prohibit unauthorized access
to sensitive information and to prohibit
modification of the information without
authorization.
2. Each licensee who obtains a criminal
history record on an individual pursuant to
this Order shall establish and maintain a
system of files and procedures, for protecting
the record and the personal information from
unauthorized disclosure.
3. The licensee may not disclose the record
or personal information collected and
maintained to persons other than the subject
individual, his/her representative, or to those
who have a need to access the information
in performing assigned duties in the process
of determining suitability for unescorted
access to the protected area of an ISFSI. No
individual authorized to have access to the
information may re-disseminate the
information to any other individual who does
not have the appropriate need to know.
4. The personal information obtained on an
individual from a CHRC may be transferred
to another licensee if the gaining licensee
receives the individual’s written request to
re-disseminate the information contained in
his/her file, and the gaining licensee verifies
information such as the individual’s name,
date of birth, social security number, sex, and
other applicable physical characteristics for
identification purposes.
5. The licensee shall make criminal history
records, obtained under this section,
available for examination by an authorized
representative of the NRC to determine
compliance with the regulations and laws.
[FR Doc. 2010–14747 Filed 6–17–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
srobinson on DSKHWCL6B1PROD with NOTICES
[Docket No. 70–36; NRC–2009–0278]
Westinghouse Electric Company, LLC;
License Amendment Request,
Opportunity To Provide Comments,
Request a Hearing and To Petition for
Leave To Intervene
AGENCY: U.S. Nuclear Regulatory
Commission (NRC).
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16:17 Jun 17, 2010
Jkt 220001
ACTION: Notice of amendment and
opportunity to request a hearing and to
petition for leave to intervene.
DATES: Submit comments by September
16, 2010. Requests for a hearing or leave
to intervene must be filed by August 17,
2010.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2009–
0278 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0278. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail Comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch, Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by fax to RDB at (301) 492–
3446.
You can access publicly available
documents related to this notice using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee, publicly available
documents at the NRC’s PDR, Room 01
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
PO 00000
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located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The license
application request is available
electronically under ADAMS Accession
Number ML100700619.
Federal Rulemaking Web site: Public
comments and supporting materials
related to this notice can be found at
https://www.regulations.gov by searching
on Docket ID: NRC–2009–0278.
FOR FURTHER INFORMATION CONTACT: John
J. Hayes,, Project Manager, Materials
Decommissioning Branch, Division of
Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Two White
Flint North, Mail Stop T8F5, 11545
Rockville Pike, Rockville, Maryland
20852–2738 Telephone: (301) 415–5928;
fax number: (301) 415–5928; e-mail:
john.hayes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received a license
amendment application from
Westinghouse Electric Company LLC
(WEC or the licensee) dated March 3,
2010, for disposal of NRC-licensed
source, byproduct and special nuclear
material pursuant to 10 CFR 20.2002
from its former fuel cycle facility
located in Festus, Missouri. WEC holds
NRC License No. SNM–00033, which
authorizes the licensee to conduct
decommissioning activities. The
amendment requests authorization for
WEC to transfer decommissioning waste
to U.S. Ecology Idaho, Inc., a Resource
Conservation and Recovery Act (RCRA)
Subtitle C disposal facility located near
Grand View, Idaho. The U.S. Ecology
Idaho facility is regulated by the Idaho
Department of Environmental Quality
and is not an NRC-licensed facility.
Pursuant to 10 CFR 30.11 and 70.17,
WEC’s application also requests that
U.S. Ecology be granted exemptions
from the licensing requirements of 10
CFR 30.3 and 70.3 for byproduct and
special nuclear material, respectively.
These exemptions are necessary because
the disposal of byproduct and special
nuclear material must occur at a facility
licensed by the NRC to possess such
material and the U.S. Ecology Idaho
facility does not have an NRC license.
An NRC administrative review,
documented in a letter to WEC dated
May 14, 2010, (ADAMS No.
ML101310335) found the application
acceptable to begin a technical review.
If the NRC approves the amendment, the
approval will be documented in an
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
amendment to NRC License No. SNM–
00033. 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.
srobinson on DSKHWCL6B1PROD with NOTICES
II. Opportunity To Request a Hearing
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, Petitions to Intervene,
Requirements for Standing, and
Contentions.’’ Interested persons should
consult 10 CFR part 2, section 2.309,
which is available at the NRC’s Public
Document Room (PDR), located at 01
F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852 (or
call the PDR at (800) 397–4209 or (301)
415–4737). NRC regulations are also
accessible electronically from the NRC’s
Electronic Reading Room on the NRC
Web site at https://www.nrc.gov.
III. Petitions for Leave To Intervene
Any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written petition
for leave to intervene. As required by 10
CFR 2.309, a petition for leave to
intervene shall set forth with
particularity the interest of the
petitioner in the proceeding and how
that interest may be affected by the
results of the proceeding. The petition
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings the NRC must
make to support the granting of a license
amendment in response to the
application. The petition must also
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16:17 Jun 17, 2010
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include a concise statement of the
alleged facts or expert opinions which
support the position of the petitioner
and on which the petitioner intends to
rely at hearing, together with references
to the specific sources and documents
on which the petitioner intends to rely.
Finally, the petition must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact, including references to specific
portions of the application for
amendment that the petitioner disputes
and the supporting reasons for each
dispute, or, if the petitioner believes
that the application for amendment fails
to contain information on a relevant
matter as required by law, the
identification of each failure and the
supporting reasons for the petitioner’s
belief. Each contention must be one
that, if proven, would entitle the
petitioner to relief.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Licensing Board will set the time
and place for any prehearing
conferences and evidentiary hearings,
and the appropriate notices will be
provided.
Non-timely petitions for leave to
intervene and contentions, amended
petitions, and supplemental petitions
will not be entertained absent a
determination by the Commission, the
Licensing Board or a Presiding Officer
that the petition should be granted and/
or the contentions should be admitted
based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)(viii).
A State, county, municipality,
Federally recognized Indian Tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
party under 10 CFR 2.309(d)(2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by August
17, 2010. The petition must be filed in
accordance with the filing instructions
in section IV of this document, and
should meet the requirements for
petitions for leave to intervene set forth
in this section, except that State and
Federally recognized Indian Tribes do
not need to address the standing
requirements in 10 CFR 2.309(d)(1) if
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34793
the facility is located within its
boundaries. The entities listed above
could also seek to participate in a
hearing as a nonparty pursuant to 10
CFR 2.315(c).
Any person who does not wish, or is
not qualified, to become a party to this
proceeding may request permission to
make a limited appearance pursuant to
the provisions of 10 CFR 2.315(a). A
person making a limited appearance
may make an oral or written statement
of position on the issues, but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to such
limits and conditions as may be
imposed by the Licensing Board.
Persons desiring to make a limited
appearance are requested to inform the
Secretary of the Commission by August
17, 2010.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139, August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
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 an exemption 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
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
Secretary has not already established an
electronic docket.
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. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through Electronic
Information Exchange, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant 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 documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
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
E-Filing 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 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/
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16:17 Jun 17, 2010
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petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, 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. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
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constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Petitions for leave to intervene must
be filed no later than 60 days from June
18, 2010. Non-timely filings will not be
entertained absent a determination by
the presiding officer that the petition or
request should be granted or the
contentions should be admitted, based
on a balancing of the factors specified in
10 CFR 2.309(c)(1)(i)–(viii).
Dated at Rockville, Maryland, this 4th day
of June 2010.
For the U.S. Nuclear Regulatory
Commission.
Keith McConnell,
Deputy Director, Decommissioning and
Uranium Recovery, Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. 2010–14759 Filed 6–17–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0215]
PSEG Power, LLC and PSEG Nuclear,
LLC; Notice of Receipt and Availability
of Application for an Early Site Permit
On May 25, 2010, PSEG Power, LLC
and PSEG Nuclear, LLC filed with the
U.S. Nuclear Regulatory Commission
(NRC, the Commission) pursuant to
section 103 of the Atomic Energy Act
and Title 10 of the Code of Federal
Regulations (10 CFR) Part 52, ‘‘Licenses,
Certifications, and Approvals for
Nuclear Power Plants,’’ an application
for an early site permit (ESP) for the
PSEG Site located in Salem County,
New Jersey.
An applicant may seek an ESP in
accordance with Subpart A of 10 CFR
Part 52 separate from the filing of an
application for a construction permit
(CP) or combined license (COL) for a
nuclear power facility. The ESP process
allows resolution of issues relating to
siting. At any time during the period of
an ESP (up to 20 years), the permit
holder may reference the permit in an
application for a CP or COL.
Subsequent Federal Register notices
will address the acceptability of the
tendered ESP application for docketing
and provisions for participation of the
public in the ESP review process.
A copy of the application is available
for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
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Agencies
[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34792-34794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14759]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-36; NRC-2009-0278]
Westinghouse Electric Company, LLC; License Amendment Request,
Opportunity To Provide Comments, Request a Hearing and To Petition for
Leave To Intervene
AGENCY: U.S. Nuclear Regulatory Commission (NRC).
ACTION: Notice of amendment and opportunity to request a hearing and to
petition for leave to intervene.
-----------------------------------------------------------------------
DATES: Submit comments by September 16, 2010. Requests for a hearing or
leave to intervene must be filed by August 17, 2010.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2009-0278 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
https://www.regulations.gov. Because your comments will not be edited to
remove any identifying or contact information, the NRC cautions you
against including any information in your submission that you do not
want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2009-0278. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail Comments to: Cindy Bladey, Chief, Rules, Announcements, and
Directives Branch, Office of Administration, Mail Stop: TWB-05-B01M,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by
fax to RDB at (301) 492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee, publicly available documents at the NRC's PDR, Room
01 F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov. The license application request is available
electronically under ADAMS Accession Number ML100700619.
Federal Rulemaking Web site: Public comments and supporting
materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID: NRC-2009-0278.
FOR FURTHER INFORMATION CONTACT: John J. Hayes,, Project Manager,
Materials Decommissioning Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Two White Flint North, Mail Stop T8F5, 11545 Rockville Pike, Rockville,
Maryland 20852-2738 Telephone: (301) 415-5928; fax number: (301) 415-
5928; e-mail: john.hayes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received a license amendment application from
Westinghouse Electric Company LLC (WEC or the licensee) dated March 3,
2010, for disposal of NRC-licensed source, byproduct and special
nuclear material pursuant to 10 CFR 20.2002 from its former fuel cycle
facility located in Festus, Missouri. WEC holds NRC License No. SNM-
00033, which authorizes the licensee to conduct decommissioning
activities. The amendment requests authorization for WEC to transfer
decommissioning waste to U.S. Ecology Idaho, Inc., a Resource
Conservation and Recovery Act (RCRA) Subtitle C disposal facility
located near Grand View, Idaho. The U.S. Ecology Idaho facility is
regulated by the Idaho Department of Environmental Quality and is not
an NRC-licensed facility. Pursuant to 10 CFR 30.11 and 70.17, WEC's
application also requests that U.S. Ecology be granted exemptions from
the licensing requirements of 10 CFR 30.3 and 70.3 for byproduct and
special nuclear material, respectively. These exemptions are necessary
because the disposal of byproduct and special nuclear material must
occur at a facility licensed by the NRC to possess such material and
the U.S. Ecology Idaho facility does not have an NRC license.
An NRC administrative review, documented in a letter to WEC dated
May 14, 2010, (ADAMS No. ML101310335) found the application acceptable
to begin a technical review. If the NRC approves the amendment, the
approval will be documented in an
[[Page 34793]]
amendment to NRC License No. SNM-00033. 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.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to
Intervene, Requirements for Standing, and Contentions.'' Interested
persons should consult 10 CFR part 2, section 2.309, which is available
at the NRC's Public Document Room (PDR), located at 01 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at (800) 397-4209 or (301) 415-4737). NRC regulations are also
accessible electronically from the NRC's Electronic Reading Room on the
NRC Web site at https://www.nrc.gov.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the petitioner in the proceeding and how that interest may
be affected by the results of the proceeding. The petition must provide
the name, address, and telephone number of the petitioner and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Act to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings the NRC must make to support the granting of a license
amendment in response to the application. The petition must also
include a concise statement of the alleged facts or expert opinions
which support the position of the petitioner and on which the
petitioner intends to rely at hearing, together with references to the
specific sources and documents on which the petitioner intends to rely.
Finally, the petition must provide sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact, including references to specific portions of the application
for amendment that the petitioner disputes and the supporting reasons
for each dispute, or, if the petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the petitioner's belief. Each contention must be one that,
if proven, would entitle the petitioner to relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The
Licensing Board will set the time and place for any prehearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)(viii).
A State, county, municipality, Federally recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
August 17, 2010. The petition must be filed in accordance with the
filing instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally recognized Indian Tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by August 17, 2010.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory 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 an exemption 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 participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the
[[Page 34794]]
Secretary has not already established an electronic docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through Electronic Information Exchange, users will be
required to install a Web browser plug-in from the NRC Web site.
Further information on the Web-based submission form, including the
installation of the Web browser plug-in, is available on the NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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, unless an NRC regulation or other law requires submission of
such information. 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.
Petitions for leave to intervene must be filed no later than 60
days from June 18, 2010. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the contentions should be admitted, based
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
Dated at Rockville, Maryland, this 4th day of June 2010.
For the U.S. Nuclear Regulatory Commission.
Keith McConnell,
Deputy Director, Decommissioning and Uranium Recovery, Licensing
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. 2010-14759 Filed 6-17-10; 8:45 am]
BILLING CODE 7590-01-P