ABB Inc.; License Amendment Request for Decommissioning of the ABB Inc., Combustion Engineering, Windsor, Connecticut Site, Opportunity To Provide Comments and/or Request a Hearing, 8785-8787 [2011-3360]

Download as PDF Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. NUCLEAR REGULATORY COMMISSION Lori Parker, NASA Clearance Officer. AGENCY: [Docket No. 030–03754; NRC–2011–0033] ABB Inc.; License Amendment Request for Decommissioning of the ABB Inc., Combustion Engineering, Windsor, Connecticut Site, Opportunity To Provide Comments and/or Request a Hearing Nuclear Regulatory Commission. ACTION: Notice of amendment request and opportunity to request a hearing. [FR Doc. 2011–3285 Filed 2–14–11; 8:45 am] BILLING CODE 7510–13–P The Nuclear Regulatory Commission (NRC) has received a license amendment application for decommissioning from ABB, Inc., requesting approval of a revised decommissioning plan and site specific derived concentration guideline levels at its Combustion Engineering site located in Windsor, Connecticut. DATES: Submit comments by April 18, 2011. Requests for a hearing must be filed by April 18, 2011. ADDRESSES: You may submit comments by any one of the following methods. Please include Docket ID NRC–2011– 0033 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 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–2011–0033. Address questions about NRC dockets to Carol Gallagher 301–492–3668; e-mail Carol.Gallagher@nrc.gov. Mail comments to: Cindy K. Bladey, Chief, Rules, Announcements and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, or by fax to RADB at (301) 492– 3446. SUMMARY: NATIONAL LABOR RELATIONS BOARD Sunshine Act Meetings: February 2011 TIME AND DATES: All meetings are held at 2:30 p.m. Tuesday, February 1; Wednesday, February 2; Thursday, February 3; Tuesday, February 15; Wednesday, February 16; Thursday, February 17; Tuesday, February 22; Wednesday, February 23; Thursday, February 24. Board Agenda Room, No. 11820, 1099 14th St., NW., Washington, DC 20570. PLACE: STATUS: Closed. MATTERS TO BE CONSIDERED: Pursuant to § 102.139(a) of the Board’s Rules and Regulations, the Board or a panel thereof will consider ‘‘the issuance of a subpoena, the Board’s participation in a civil action or proceeding or an arbitration, or the initiation, conduct, or disposition * * * of particular representation or unfair labor practice proceedings under section 8, 9, or 10 of the [National Labor Relations] Act, or any court proceedings collateral or ancillary thereto.’’ See also 5 U.S.C. 552b(c)(10). jdjones on DSK8KYBLC1PROD with NOTICES CONTACT PERSON FOR MORE INFORMATION: Lester A. Heltzer, Executive Secretary, (202) 273–1067. Dated: February 11, 2011. Lester A. Heltzer, Executive Secretary. [FR Doc. 2011–3537 Filed 2–11–11; 4:15 pm] BILLING CODE 7545–01–P VerDate Mar<15>2010 15:51 Feb 14, 2011 Jkt 223001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 8785 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 O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. 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 documents related to this license amendment request for decommissioning are listed below and are available electronically under the ADAMS Accession Numbers noted: 1. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site (Previously Identified FUSRAP Areas Including Debris Piles & Site Brook). August 2010. ML102310473. 2. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site—Figures. August 2010. ML102310512. 3. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site—Tables. August 2010. 4. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site—Appendix A: RESRAD Reports—Resident Farmer Thorium and Radium. August 2010. ML102310548. 5. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site—Appendix B: Probabilistic Evaluation Graphical Summary. August 2010. ML102310553. 6. ABB, Inc. Derivation of the Site Specific Soil DCGLs, Addendum, Soil DCGLs for thorium and radium. August 2010. ML102310539. 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–2011–0033. FOR FURTHER INFORMATION CONTACT: John Nicholson, Project Manager, Decommissioning Branch, Division of Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia, Pennsylvania, 19406. Telephone: (610)–337–5236; fax number: (610)–337–5269; e-mail: john.nicholson@nrc.gov. E:\FR\FM\15FEN1.SGM 15FEN1 8786 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices SUPPLEMENTARY INFORMATION: jdjones on DSK8KYBLC1PROD with NOTICES I. Introduction The Nuclear Regulatory Commission (NRC) has received, by letter dated February 26, 2010, as supplemented on August 6, 2010, a license amendment application for decommissioning from ABB, Inc. (the licensee), requesting approval of a revised decommissioning plan and site specific derived concentration guideline levels (DCGLs) at its Combustion Engineering site located in Windsor, Connecticut. License No. 06–00217–06 authorizes the licensee to possess and store licensed materials for those activities related to decontamination and dismantlement of buildings; excavation and removal of waste lines, underground utilities and debris; and remediation of soils. Specifically, the amendment requests to use site specific DCGLs for Th–232 and Ra–226. The revised decommissioning plan also includes a description of decommissioning activities for the site brook and debris piles at the Combustion Engineering site. The revised decommissioning plan does not change any previously approved remediation activities or DCGLs for uranium contamination at the site. An NRC administrative review, found the application acceptable to begin a technical review. If the NRC approves the amendment, the approval will be documented in an amendment to NRC License No. 06–00217–06. 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 O1 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 VerDate Mar<15>2010 15:51 Feb 14, 2011 Jkt 223001 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 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 evidence and to submit a crossexamination plan for cross-examination of witnesses, consistent with NRC regulations, policies, and procedures. The Atomic Safety and Licensing Board (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 April 18, 2011. 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 April 18, 2011. 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 E:\FR\FM\15FEN1.SGM 15FEN1 jdjones on DSK8KYBLC1PROD with NOTICES Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices 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-FilingFiling, 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 EFilingSubmittal 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 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 EFilingSubmittal 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/esubmittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-FilingFiling 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-FilingFiling rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through EIE, 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, VerDate Mar<15>2010 15:51 Feb 14, 2011 Jkt 223001 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 EFilingFiling system. To be timely, an electronic filing must be submitted to the E-FilingFiling system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-FilingFiling system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-FilingFiling 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-FilingFiling system. A person filing electronically using the agency’s adjudicatory E-FilingFiling 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, PO 00000 Frm 00081 Fmt 4703 Sfmt 9990 8787 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-FilingFiling, may require a participant or party to use E-FilingFiling if the presiding officer subsequently determines that the reason for granting the exemption from use of EFilingFiling no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at https:// ehd1.nrc.gov/EHD/, 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 February 15, 2011. 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 King of Prussia, Pennsylvania, this 4th day of February, 2011. For the Nuclear Regulatory Commission. Judith A. Joustra, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. 2011–3360 Filed 2–14–11; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8785-8787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3360]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-03754; NRC-2011-0033]


ABB Inc.; License Amendment Request for Decommissioning of the 
ABB Inc., Combustion Engineering, Windsor, Connecticut Site, 
Opportunity To Provide Comments and/or Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of amendment request and opportunity to request a 
hearing.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) has received a license 
amendment application for decommissioning from ABB, Inc., requesting 
approval of a revised decommissioning plan and site specific derived 
concentration guideline levels at its Combustion Engineering site 
located in Windsor, Connecticut.

DATES: Submit comments by April 18, 2011. Requests for a hearing must 
be filed by April 18, 2011.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2011-0033 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 
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-2011-0033. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
Carol.Gallagher@nrc.gov.
    Mail comments to: Cindy K. Bladey, Chief, Rules, Announcements and 
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or 
by fax to RADB 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 
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
    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 documents related to this license amendment 
request for decommissioning are listed below and are available 
electronically under the ADAMS Accession Numbers noted:
    1. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site 
(Previously Identified FUSRAP Areas Including Debris Piles & Site 
Brook). August 2010. ML102310473.
    2. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Figures. August 2010. ML102310512.
    3. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Tables. August 2010.
    4. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Appendix A: RESRAD Reports--Resident Farmer Thorium and Radium. August 
2010. ML102310548.
    5. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Appendix B: Probabilistic Evaluation Graphical Summary. August 2010. 
ML102310553.
    6. ABB, Inc. Derivation of the Site Specific Soil DCGLs, Addendum, 
Soil DCGLs for thorium and radium. August 2010. ML102310539.
    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-2011-0033.

FOR FURTHER INFORMATION CONTACT: John Nicholson, Project Manager, 
Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 
U.S. Nuclear Regulatory Commission, King of Prussia, Pennsylvania, 
19406. Telephone: (610)-337-5236; fax number: (610)-337-5269; e-mail: 
john.nicholson@nrc.gov.

[[Page 8786]]


SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) has received, by letter 
dated February 26, 2010, as supplemented on August 6, 2010, a license 
amendment application for decommissioning from ABB, Inc. (the 
licensee), requesting approval of a revised decommissioning plan and 
site specific derived concentration guideline levels (DCGLs) at its 
Combustion Engineering site located in Windsor, Connecticut. License 
No. 06-00217-06 authorizes the licensee to possess and store licensed 
materials for those activities related to decontamination and 
dismantlement of buildings; excavation and removal of waste lines, 
underground utilities and debris; and remediation of soils. 
Specifically, the amendment requests to use site specific DCGLs for Th-
232 and Ra-226. The revised decommissioning plan also includes a 
description of decommissioning activities for the site brook and debris 
piles at the Combustion Engineering site. The revised decommissioning 
plan does not change any previously approved remediation activities or 
DCGLs for uranium contamination at the site.
    An NRC administrative review, found the application acceptable to 
begin a technical review. If the NRC approves the amendment, the 
approval will be documented in an amendment to NRC License No. 06-
00217-06. 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 O1 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 Atomic 
Safety and Licensing Board (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 April 
18, 2011. 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 April 18, 2011.

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

[[Page 8787]]

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-FilingFiling, 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-FilingSubmittal 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 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-FilingSubmittal 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-FilingFiling 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-FilingFiling rule, the participant must file 
the document using the NRC's online, Web-based submission form. In 
order to serve documents through EIE, 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-FilingFiling system. To be 
timely, an electronic filing must be submitted to the E-FilingFiling 
system no later than 11:59 p.m. Eastern Time on the due date. Upon 
receipt of a transmission, the E-FilingFiling system time-stamps the 
document and sends the submitter an e-mail notice confirming receipt of 
the document. The E-FilingFiling 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-FilingFiling system.
    A person filing electronically using the agency's adjudicatory E-
FilingFiling 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-FilingFiling, may require a 
participant or party to use E-FilingFiling if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-FilingFiling no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd1.nrc.gov/EHD/, 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 February 15, 2011. 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 King of Prussia, Pennsylvania, this 4th day of 
February, 2011.

    For the Nuclear Regulatory Commission.
Judith A. Joustra,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. 2011-3360 Filed 2-14-11; 8:45 am]
BILLING CODE 7590-01-P
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