Honeywell International, Inc., Metropolis Works; License Amendment Request and Request for a Hearing, 39918-39922 [2011-16980]

Download as PDF 39918 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices [FR Doc. 2011–16978 Filed 7–6–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 40–3392; NRC–2011–0143] Honeywell International, Inc., Metropolis Works; License Amendment Request and Request for a Hearing Nuclear Regulatory Commission. ACTION: Notice of amendment request and opportunity to request a hearing. AGENCY: Requests for a hearing must be filed by September 6, 2011. ADDRESSES: 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, 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 online in the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the 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 Honeywell Surface Impoundment Decommissioning Plan is available electronically under ADAMS Accession Number ML103400456. FOR FURTHER INFORMATION CONTACT: Kevin S. Mattern, Project Manager; Conversion, Deconversion and Enrichment Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555; telephone: 301– 492–3221; fax: 301–492–3363; e-mail: Kevin.Mattern@nrc.gov. DATES: sroberts on DSK5SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC or Commission) received, by letter, dated December 2, 2010, a license amendment application from Honeywell International, Inc. (Honeywell or the licensee), requesting VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 review and approval of a surface impoundment decommissioning plan at its Metropolis Works Facility site located in Metropolis, Illinois. License No. SUB–526 authorizes the licensee to possess various quantities of natural uranium, depleted uranium, and other licensed material between atomic numbers 1–100 for use in its UF6 conversion facility. Specifically, the amendment provides a plan to decommission four surface impoundments, known as Ponds B, C, D, and E. The amendment request seeks authorization allowing Honeywell to conduct remediation activities seeking a partial site release for unrestricted use of the four surface impoundments from its NRC license. In addition to the NRC, this facility is regulated by the Illinois Environmental Protection Agency (IEPA); and Honeywell will be required to seek separate approval from the IEPA regarding this action. An NRC administrative review documented in a letter to Honeywell, dated March 17, 2011, 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. SUB–526. However, before approving the proposed amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954 (the Act), as amended, and the NRC’s regulations. These findings will be documented in a Safety Evaluation Report and an Environmental Assessment. In its application, Honeywell committed to providing additional information in support of the NRC review. Honeywell will provide the supplemental treatability testing results of the pozzolan mix for cement stabilization by the end of September 2011. Honeywell will also provide the results of the riprap selection and evaluation by the end of March 2012. The NRC staff will consider the current submittal along with the information to be provided regarding cement stabilization and riprap selection in its review. The NRC will review this action principally using the guidance in NUREG 1757, Volumes 1–3, ‘‘Consolidated Decommissioning Guidance.’’ The staff will also consider guidance from NUREG–1623, ‘‘Design of Erosion Protection for Long-Term Stabilization’’ and NUREG/CR–6697, ‘‘Development of Probabilistic RESRAD 6.0 and RESRAD–Build 3.0 Computer Codes,’’ where appropriate. Ultimately, the staff will review the application for compliance with Title 10 of the Code of Federal Regulations (10 CFR) 20.1402, ‘‘Radiological criteria for unrestricted PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 use;’’ 10 CFR 40.36, ‘‘Financial assurance and recordkeeping for decommissioning;’’ and 10 CFR 40.42, ‘‘Expiration and termination of licenses, and decommissioning of sites and separate buildings or outdoor areas.’’ 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 2.309, which is available at the NRC’s PDR, Room 01–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852 (or call the PDR at 1–800–397–4209 or 301– 415–4737). The NRC regulations are also accessible online in the NRC’s Library at http://www.nrc.gov/reading-rm/ adams.html. 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 E:\FR\FM\07JYN1.SGM 07JYN1 sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices 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 requestor’s/ petitioner’s belief. Each contention must be one that, if proven, would entitle the requestor/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 the NRC’s regulations, policies, and procedures. The Atomic Safety and Licensing Board (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 September 6, 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(d)(1)(i)–(viii). 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 VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 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 September 6, 2011. IV. Electronic Submissions (E-Filing) All documents filed in NRC’s 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’s 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 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 39919 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 http:// 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 http://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. To serve documents through the Electronic Information Exchange, users will be required to install a Web browser plug-in from NRC’s 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 http:// www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant may then submit a request for hearing or petition for leave to intervene. Submissions should be in PDF in accordance with NRC’s guidance available on NRC’s public Web site at http://www.nrc.gov/ site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through 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 EFiling system timestamps the document and sends the submitter an e-mail notice confirming receipt. The E-Filing system also distributes an e-mail notice that provides access to the document to the NRC’s 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 E:\FR\FM\07JYN1.SGM 07JYN1 sroberts on DSK5SPTVN1PROD with NOTICES 39920 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices 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 http:// www.nrc.gov/site-help/esubmittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call to 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 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 to 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 http:// 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 VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 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 September 6, 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). A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified non-safeguards information (SUNSI). B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party as defined in 10 CFR 2.4 who believes access to SUNSI is necessary to respond to this notice may request such access. A ‘‘potential party’’ is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requestor shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555–0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail address for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.1 The request must include the following information: (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party’s particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requestor’s basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. 2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information for Contention Preparation PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices the petitioner may file its SUNSI contentions by that later deadline. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff either after a determination on standing and need for access, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requestor may challenge the NRC staff’s adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. H. Review of Grants of Access. A party other than the requestor may challenge an NRC staff determination granting access to SUNSI whose release would harm that party’s interest independent of the proceeding. Such a challenge must be filed with the Chief Administrative Judge within 5 days of the notification by the NRC staff of its grant of access. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311. I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR Part 2. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. V. Further Information The ADAMS accession numbers for the documents related to this Notice are: 39921 Surface Impoundment Decommissioning Plan (ADAMS Accession Number ML103400456), Supplemental Information for the Surface Impoundment Decommissioning Plan Application (ADAMS Accession Number ML110620254), and Additional Supplemental Information for the Surface Impoundment Decommissioning Plan Application (ADAMS Accession Number ML110750232). Additional communications such as public meetings, teleconferences, letters, and emails were conducted between Honeywell and the NRC relating to this action (ADAMS Accession Numbers ML102640573, ML102850110, ML102800407, ML102950443, ML103120241, ML103120260, ML110460419, ML110590108, and ML110590827). It is so ordered. Dated at Rockville, Maryland, this 30th day of June 2011. For the Nuclear Regulatory Commission. Andrew L. Bates, Acting Secretary of the Commission. ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/Activity 0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. Deadline for submitting requests for access to sensitive unclassified non-safeguards information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 10 ...................... 60 ...................... 20 ...................... 25 ...................... 30 ...................... 40 ...................... A ....................... sroberts on DSK5SPTVN1PROD with NOTICES A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... >A + 60 ............. VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1 39922 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices NUCLEAR REGULATORY COMMISSION [FR Doc. 2011–16980 Filed 7–6–11; 8:45 am] BILLING CODE 7590–01–P [NRC–2011–0144; Docket No. 70–7020] NUCLEAR REGULATORY COMMISSION Notice of Acceptance of Application for Special Nuclear Materials License From Sensor Concepts and Applications, Inc., Opportunity To Request a Hearing, and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation [NRC–2011–0119] Office of New Reactors; Proposed Revision 4 to Standard Review Plan Section 8.1 on Electric Power— Introduction, Correction Solicitation of public comment, correction of proposed comment date. ACTION: This document amends a notice appearing in the Federal Register on May 31, 2011 (76 FR 31381), that announced the proposed Revision 4 to Standard Review Plan Section 8.1 on ‘‘Electric Power—Introduction.’’ The notice period for this notice closes on June 30, 2011. This action is necessary to reopen the notice period and extend the originally proposed end date for public comment from June 30, 2011, to August 31, 2011. SUMMARY: Mr. William F. Burton, Chief, Rulemaking and Guidance Development Branch, Division of New Reactor Licensing, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555–0001; telephone: 301–415– 6332, or e-mail: William.Burton@nrc.gov. FOR FURTHER INFORMATION CONTACT: On Page 31381, in the second column, Date Information, second line, the proposed period for comment of 30 days from the date of publication is extended from June 30, 2011 to August 31, 2011. SUPPLEMENTARY INFORMATION: Dated at Rockville, Maryland, this 29th day of June 2011. For the Nuclear Regulatory Commission, William F. Burton, Chief, Rulemaking and Guidance Development Branch, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2011–17015 Filed 7–6–11; 8:45 am] sroberts on DSK5SPTVN1PROD with NOTICES BILLING CODE 7590–01–P VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 Nuclear Regulatory Commission. ACTION: Notice of license application, opportunity to request a hearing and to petition for leave to intervene, and Commission order. AGENCY: Nuclear Regulatory Commission (NRC). AGENCY: Requests for a hearing or Leave to Intervene must be filed by September 6, 2011. Any potential party as defined in Title 10 of the Code of Federal Regulations (10 CFR) 2.4 who believes access to sensitive unclassified nonsafeguards information (SUNSI) is necessary to respond to this notice must request document access by July 18, 2011. DATES: You may submit comments by any one of the following methods. Please include Docket ID NRC–2011– 0144 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 at http:// www.Regulations.gov. Because your comments will not be edited to remove 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 you inform any party soliciting or aggregating comments received from other persons for submission to the NRC that the NRC will not edit their comments to remove identifying or contact information. Therefore, they should not include any information in their comments they do not want publicly disclosed. You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0144. Address questions about NRC dockets to Carol Gallagher at 301–492–3668, or via e-mail to Carol.Gallagher@nrc.gov. • Mail Comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory ADDRESSES: PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 Commission, Washington, DC 20555– 0001. • Fax Comments to: RADB at 301– 492–3446. You can access to publicly available documents related to this notice may be obtained by using the following methods: • NRC’s Public Document Room (PDR): The public may examine and obtain copies for a fee of 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 online in the NRC’s Library at http://www.nrc.gov/reading-rm/ adams.html. From this page, the public may gain entry into ADAMS, which provides text and image files of the 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 public version of the Sensor Concepts and Applications, Inc’s., (SCA) application is available electronically under ADAMS Accession Number ML102650097. The ADAMS Accession Number for the non-public version of the license application is ML102650199. The February 17, 2011, acceptance letter from the NRC’s staff may be found under ADAMS Accession Number ML110450186. FOR FURTHER INFORMATION CONTACT: Marilyn Diaz, Project Manager, Fuel Manufacturing Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Mailstop: EBB2– C40M, Rockville, Maryland 20852. Telephone: 301–492–3172; fax number: 301–492–3363; e-mail: Marilyn.Diaz@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC or the Commission) has accepted for review an application for a new license for the possession and use of special nuclear material (SNM) for performance testing of new technologies under a project sponsored by the Domestic Nuclear Detection Office (DNDO) of the U.S. Department of Homeland Security (DHS). Sensor Concepts and Applications (SCA) requested the new license for a period E:\FR\FM\07JYN1.SGM 07JYN1

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[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39918-39922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16980]



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NUCLEAR REGULATORY COMMISSION



[Docket No. 40-3392; NRC-2011-0143]




Honeywell International, Inc., Metropolis Works; License 

Amendment Request and Request for a Hearing



AGENCY: Nuclear Regulatory Commission.



ACTION: Notice of amendment request and opportunity to request a 

hearing.



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DATES: Requests for a hearing must be filed by September 6, 2011.



ADDRESSES: 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, 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 online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 

which provides text and image files of the 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 Honeywell Surface Impoundment Decommissioning Plan is available 

electronically under ADAMS Accession Number ML103400456.



FOR FURTHER INFORMATION CONTACT: Kevin S. Mattern, Project Manager; 

Conversion, Deconversion and Enrichment Branch, Division of Fuel Cycle 

Safety and Safeguards, Office of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555; 

telephone: 301-492-3221; fax: 301-492-3363; e-mail: 

Kevin.Mattern@nrc.gov.



SUPPLEMENTARY INFORMATION: 



I. Introduction



    The U.S. Nuclear Regulatory Commission (NRC or Commission) 

received, by letter, dated December 2, 2010, a license amendment 

application from Honeywell International, Inc. (Honeywell or the 

licensee), requesting review and approval of a surface impoundment 

decommissioning plan at its Metropolis Works Facility site located in 

Metropolis, Illinois. License No. SUB-526 authorizes the licensee to 

possess various quantities of natural uranium, depleted uranium, and 

other licensed material between atomic numbers 1-100 for use in its 

UF6 conversion facility. Specifically, the amendment 

provides a plan to decommission four surface impoundments, known as 

Ponds B, C, D, and E. The amendment request seeks authorization 

allowing Honeywell to conduct remediation activities seeking a partial 

site release for unrestricted use of the four surface impoundments from 

its NRC license. In addition to the NRC, this facility is regulated by 

the Illinois Environmental Protection Agency (IEPA); and Honeywell will 

be required to seek separate approval from the IEPA regarding this 

action.

    An NRC administrative review documented in a letter to Honeywell, 

dated March 17, 2011, 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. SUB-526. However, 

before approving the proposed amendment, the NRC will need to make the 

findings required by the Atomic Energy Act of 1954 (the Act), as 

amended, and the NRC's regulations. These findings will be documented 

in a Safety Evaluation Report and an Environmental Assessment.

    In its application, Honeywell committed to providing additional 

information in support of the NRC review. Honeywell will provide the 

supplemental treatability testing results of the pozzolan mix for 

cement stabilization by the end of September 2011. Honeywell will also 

provide the results of the riprap selection and evaluation by the end 

of March 2012. The NRC staff will consider the current submittal along 

with the information to be provided regarding cement stabilization and 

riprap selection in its review. The NRC will review this action 

principally using the guidance in NUREG 1757, Volumes 1-3, 

``Consolidated Decommissioning Guidance.'' The staff will also consider 

guidance from NUREG-1623, ``Design of Erosion Protection for Long-Term 

Stabilization'' and NUREG/CR-6697, ``Development of Probabilistic 

RESRAD 6.0 and RESRAD-Build 3.0 Computer Codes,'' where appropriate. 

Ultimately, the staff will review the application for compliance with 

Title 10 of the Code of Federal Regulations (10 CFR) 20.1402, 

``Radiological criteria for unrestricted use;'' 10 CFR 40.36, 

``Financial assurance and recordkeeping for decommissioning;'' and 10 

CFR 40.42, ``Expiration and termination of licenses, and 

decommissioning of sites and separate buildings or outdoor areas.''



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 2.309, which is available at the NRC's 

PDR, Room 01-F21, One White Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852 (or call the PDR at 1-800-397-4209 or 301-

415-4737). The NRC regulations are also accessible online in the NRC's 

Library at http://www.nrc.gov/reading-rm/adams.html.



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



[[Page 39919]]



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 requestor's/petitioner's belief. Each contention must be one 

that, if proven, would entitle the requestor/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 the NRC's regulations, policies, and procedures. The 

Atomic Safety and Licensing Board (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 

September 6, 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(d)(1)(i)-(viii). 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 pre-hearing 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 September 6, 2011.



IV. Electronic Submissions (E-Filing)



    All documents filed in NRC's 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's 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 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 http://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 

http://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. To serve 

documents through the Electronic Information Exchange, users will be 

required to install a Web browser plug-in from NRC's 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 http://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 may then submit a request for 

hearing or petition for leave to intervene. Submissions should be in 

PDF in accordance with NRC's guidance available on NRC's public Web 

site at http://www.nrc.gov/site-help/e-submittals.html. A filing is 

considered complete at the time the documents are submitted through 

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 

timestamps the document and sends the submitter an e-mail notice 

confirming receipt. The E-Filing system also distributes an e-mail 

notice that provides access to the document to the NRC's 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



[[Page 39920]]



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 http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a toll-free call to 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 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 to 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 

http://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 September 6, 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).



Order Imposing Procedures for Access to Sensitive Unclassified Non-

Safeguards Information for Contention Preparation



    A. This Order contains instructions regarding how potential parties 

to this proceeding may request access to documents containing sensitive 

unclassified non-safeguards information (SUNSI).

    B. Within 10 days after publication of this notice of hearing and 

opportunity to petition for leave to intervene, any potential party as 

defined in 10 CFR 2.4 who believes access to SUNSI is necessary to 

respond to this notice may request such access. A ``potential party'' 

is any person who intends to participate as a party by demonstrating 

standing and filing an admissible contention under 10 CFR 2.309. 

Requests for access to SUNSI submitted later than 10 days after 

publication will not be considered absent a showing of good cause for 

the late filing, addressing why the request could not have been filed 

earlier.

    C. The requestor shall submit a letter requesting permission to 

access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555-0001, Attention: Rulemakings and 

Adjudications Staff, and provide a copy to the Associate General 

Counsel for Hearings, Enforcement and Administration, Office of the 

General Counsel, Washington, DC 20555-0001. The expedited delivery or 

courier mail address for both offices is: U.S. Nuclear Regulatory 

Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail 

address for the Office of the Secretary and the Office of the General 

Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 

respectively.\1\ The request must include the following information:

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    \1\ While a request for hearing or petition to intervene in this 

proceeding must comply with the filing requirements of the NRC's 

``E-Filing Rule,'' the initial request to access SUNSI under these 

procedures should be submitted as described in this paragraph.

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    (1) A description of the licensing action with a citation to this 

Federal Register notice;

    (2) The name and address of the potential party and a description 

of the potential party's particularized interest that could be harmed 

by the action identified in C.(1); and

    (3) The identity of the individual or entity requesting access to 

SUNSI and the requestor's basis for the need for the information in 

order to meaningfully participate in this adjudicatory proceeding. In 

particular, the request must explain why publicly-available versions of 

the information requested would not be sufficient to provide the basis 

and specificity for a proffered contention.

    D. Based on an evaluation of the information submitted under 

paragraph C.(3) the NRC staff will determine within 10 days of receipt 

of the request whether:

    (1) There is a reasonable basis to believe the petitioner is likely 

to establish standing to participate in this NRC proceeding; and

    (2) The requestor has established a legitimate need for access to 

SUNSI.

    E. If the NRC staff determines that the requestor satisfies both 

D.(1) and D.(2) above, the NRC staff will notify the requestor in 

writing that access to SUNSI has been granted. The written notification 

will contain instructions on how the requestor may obtain copies of the 

requested documents, and any other conditions that may apply to access 

to those documents. These conditions may include, but are not limited 

to, the signing of a Non-Disclosure Agreement or Affidavit, or 

Protective Order \2\ setting forth terms and conditions to prevent the 

unauthorized or inadvertent disclosure of SUNSI by each individual who 

will be granted access to SUNSI.

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    \2\ Any motion for Protective Order or draft Non-Disclosure 

Affidavit or Agreement for SUNSI must be filed with the presiding 

officer or the Chief Administrative Judge if the presiding officer 

has not yet been designated, within 30 days of the deadline for the 

receipt of the written access request.

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    F. Filing of Contentions. Any contentions in these proceedings that 

are based upon the information received as a result of the request made 

for SUNSI must be filed by the requestor no later than 25 days after 

the requestor is granted access to that information. However, if more 

than 25 days remain between the date the petitioner is granted access 

to the information and the deadline for filing all other contentions 

(as established in the notice of hearing or opportunity for hearing),



[[Page 39921]]



the petitioner may file its SUNSI contentions by that later deadline.

    G. Review of Denials of Access.

    (1) If the request for access to SUNSI is denied by the NRC staff 

either after a determination on standing and need for access, or after 

a determination on trustworthiness and reliability, the NRC staff shall 

immediately notify the requestor in writing, briefly stating the reason 

or reasons for the denial.

    (2) The requestor may challenge the NRC staff's adverse 

determination by filing a challenge within 5 days of receipt of that 

determination with: (a) The presiding officer designated in this 

proceeding; (b) if no presiding officer has been appointed, the Chief 

Administrative Judge, or if he or she is unavailable, another 

administrative judge, or an administrative law judge with jurisdiction 

pursuant to 10 CFR 2.318(a); or (c) if another officer has been 

designated to rule on information access issues, with that officer.

    H. Review of Grants of Access. A party other than the requestor may 

challenge an NRC staff determination granting access to SUNSI whose 

release would harm that party's interest independent of the proceeding. 

Such a challenge must be filed with the Chief Administrative Judge 

within 5 days of the notification by the NRC staff of its grant of 

access.

    If challenges to the NRC staff determinations are filed, these 

procedures give way to the normal process for litigating disputes 

concerning access to information. The availability of interlocutory 

review by the Commission of orders ruling on such NRC staff 

determinations (whether granting or denying access) is governed by 10 

CFR 2.311.

    I. The Commission expects that the NRC staff and presiding officers 

(and any other reviewing officers) will consider and resolve requests 

for access to SUNSI, and motions for protective orders, in a timely 

fashion in order to minimize any unnecessary delays in identifying 

those petitioners who have standing and who have propounded contentions 

meeting the specificity and basis requirements in 10 CFR Part 2. 

Attachment 1 to this Order summarizes the general target schedule for 

processing and resolving requests under these procedures.



V. Further Information



    The ADAMS accession numbers for the documents related to this 

Notice are: Surface Impoundment Decommissioning Plan (ADAMS Accession 

Number ML103400456), Supplemental Information for the Surface 

Impoundment Decommissioning Plan Application (ADAMS Accession Number 

ML110620254), and Additional Supplemental Information for the Surface 

Impoundment Decommissioning Plan Application (ADAMS Accession Number 

ML110750232). Additional communications such as public meetings, 

teleconferences, letters, and e-mails were conducted between Honeywell 

and the NRC relating to this action (ADAMS Accession Numbers 

ML102640573, ML102850110, ML102800407, ML102950443, ML103120241, 

ML103120260, ML110460419, ML110590108, and ML110590827).

    It is so ordered.



    Dated at Rockville, Maryland, this 30th day of June 2011.



    For the Nuclear Regulatory Commission.

Andrew L. Bates,

Acting Secretary of the Commission.



   Attachment 1--General Target Schedule for Processing and Resolving

Requests for Access to Sensitive Unclassified Non-Safeguards Information

                           in This Proceeding

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           Day                             Event/Activity

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0........................  Publication of Federal Register notice of

                            hearing and opportunity to petition for

                            leave to intervene, including order with

                            instructions for access requests.

10.......................  Deadline for submitting requests for access

                            to sensitive unclassified non-safeguards

                            information (SUNSI) with information:

                            supporting the standing of a potential party

                            identified by name and address; describing

                            the need for the information in order for

                            the potential party to participate

                            meaningfully in an adjudicatory proceeding.

60.......................  Deadline for submitting petition for

                            intervention containing: (i) Demonstration

                            of standing; (ii) all contentions whose

                            formulation does not require access to SUNSI

                            (+25 Answers to petition for intervention;

                            +7 requestor/petitioner reply).

20.......................  Nuclear Regulatory Commission (NRC) staff

                            informs the requestor of the staff's

                            determination whether the request for access

                            provides a reasonable basis to believe

                            standing can be established and shows need

                            for SUNSI. (NRC staff also informs any party

                            to the proceeding whose interest independent

                            of the proceeding would be harmed by the

                            release of the information.) If NRC staff

                            makes the finding of need for SUNSI and

                            likelihood of standing, NRC staff begins

                            document processing (preparation of

                            redactions or review of redacted documents).

25.......................  If NRC staff finds no ``need'' or no

                            likelihood of standing, the deadline for

                            requestor/petitioner to file a motion

                            seeking a ruling to reverse the NRC staff's

                            denial of access; NRC staff files copy of

                            access determination with the presiding

                            officer (or Chief Administrative Judge or

                            other designated officer, as appropriate).

                            If NRC staff finds ``need'' for SUNSI, the

                            deadline for any party to the proceeding

                            whose interest independent of the proceeding

                            would be harmed by the release of the

                            information to file a motion seeking a

                            ruling to reverse the NRC staff's grant of

                            access.

30.......................  Deadline for NRC staff reply to motions to

                            reverse NRC staff determination(s).

40.......................  (Receipt +30) If NRC staff finds standing and

                            need for SUNSI, deadline for NRC staff to

                            complete information processing and file

                            motion for Protective Order and draft Non-

                            Disclosure Affidavit. Deadline for applicant/

                            licensee to file Non-Disclosure Agreement

                            for SUNSI.

A........................  If access granted: Issuance of presiding

                            officer or other designated officer decision

                            on motion for protective order for access to

                            sensitive information (including schedule

                            for providing access and submission of

                            contentions) or decision reversing a final

                            adverse determination by the NRC staff.

A + 3....................  Deadline for filing executed Non-Disclosure

                            Affidavits. Access provided to SUNSI

                            consistent with decision issuing the

                            protective order.

A + 28...................  Deadline for submission of contentions whose

                            development depends upon access to SUNSI.

                            However, if more than 25 days remain between

                            the petitioner's receipt of (or access to)

                            the information and the deadline for filing

                            all other contentions (as established in the

                            notice of hearing or opportunity for

                            hearing), the petitioner may file its SUNSI

                            contentions by that later deadline.

A + 53...................  (Contention receipt +25) Answers to

                            contentions whose development depends upon

                            access to SUNSI.

A + 60...................  (Answer receipt +7) Petitioner/Intervenor

                            reply to answers.

>A + 60..................  Decision on contention admission.

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[[Page 39922]]



[FR Doc. 2011-16980 Filed 7-6-11; 8:45 am]

BILLING CODE 7590-01-P