License Amendment Request To Amend Source Materials License SUA-1310 and Proceed With Termination of the License and Transfer of the Site to the U.S. Department of Energy; Anadarko Petroleum Corporation, Bear Creek Uranium Mill, Converse County, WY, 24993-24996 [2012-10065]

Download as PDF Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices tkelley on DSK3SPTVN1PROD with NOTICES information (paperwork) requirements outlined by OSHA’s Strategic Partnership Program. In addition, the Agency proposes to use a blanket approval, eliminating the need for the Agency to submit the collection of information requirements for each individual partnership to OMB for approval. The Agency also proposes to decrease the existing burden hour estimate from 361,416 to 108,702 as a result of a decrease in the number of partnerships. OSHA will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to extend the approval of the collection of information requirements. Type of Review: Extension of a currently approved collection. Title: OSHA Strategic Partnership Program for Worker Safety and Health (OSPP). OMB Control Number: 1218–0244. Affected Public: Business or other forprofits. Frequency: On occasion. Total Responses: 18,144. Average Time per Response: Eleven (11) hours to develop the partnership requirements, craft agreement language, and conduct an internal review process. Estimated Total Burden Hours: 108,702. Estimated Cost (Operation and Maintenance): $0. IV. Public Participation—Submission of Comments on This Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows: (1) Electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for this ICR (Docket No. OSHA–2011–0861). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or a facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express VerDate Mar<15>2010 17:51 Apr 25, 2012 Jkt 226001 delivery, messenger or courier service, please contact the OSHA Docket Office at (202) 693–2350, (TTY (877) 889– 5627). Comments and submissions are posted without change at https:// www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information, such as social security numbers and dates of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the https:// www.regulations.gov Web site to submit comments and access the docket is available at the Web site’s ‘‘User Tips’’ link. Contact the OSHA Docket Office for information about materials not available through the Web site and for assistance in using the Internet to locate docket submissions. V. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor’s Order No. 1–2012 (77 FR 3912). Signed at Washington, DC, on April 20, 2012. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2012–10056 Filed 4–25–12; 8:45 am] BILLING CODE 4510–26–P NUCLEAR REGULATORY COMMISSION [Docket No. 40–8452; NRC–2012–0095] License Amendment Request To Amend Source Materials License SUA– 1310 and Proceed With Termination of the License and Transfer of the Site to the U.S. Department of Energy; Anadarko Petroleum Corporation, Bear Creek Uranium Mill, Converse County, WY Nuclear Regulatory Commission. ACTION: License amendment request, opportunity to comment, request a hearing and petition for leave to intervene. AGENCY: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 24993 Comments must be filed by May 29, 2012. A request for a hearing must be filed by June 25, 2012. ADDRESSES: You may access information and comment submissions related to this document, which the NRC possesses and is publicly-available, by searching on https://www.regulations.gov under Docket ID NRC–2012–0095. You may submit comments by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0095. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: 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 Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Thomas McLaughlin, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301–415–5869; email: Thomas.McLaughlin@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2012– 0095 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly-available, by the following methods: • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0095. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The Bear E:\FR\FM\26APN1.SGM 26APN1 24994 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices Creek Uranium Alternate Concentration Proposal is available electronically under ADAMS Accession Number ML120470103. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2012– 0095 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into ADAMS, and the NRC does not edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information in their comment submissions that they do not want to be publicly disclosed. Your request should state that the NRC will not edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. tkelley on DSK3SPTVN1PROD with NOTICES II. Introduction The Nuclear Regulatory Commission (NRC or the Commission) has received, by letter dated November 28, 2011, a license amendment application from Anadarko Petroleum Corporation (Licensee) for their Bear Creek Uranium site located in Converse County, Wyoming, requesting to amend their existing alternate concentration limits, to delete License Condition 47, and to proceed with termination of the license and transfer of the facility to the U.S. Department of Energy. License No. SUA–1310 authorizes the Licensee to possess byproduct material resulting from past operations of its Bear Creek facility until site reclamation is adequate. The proposed changes in the existing alternate concentration limits are to extend the Point of Exposure wells to those wells at the northern property boundary. The elimination of License Condition 47 would mean that the Licensee would no longer be required to sample its wells and report the results to the NRC. VerDate Mar<15>2010 17:51 Apr 25, 2012 Jkt 226001 An NRC administrative review, documented in a letter to Anadarko Petroleum Corporation dated January 12, 2012 (ADAMS Accession No. ML120100298), 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. SUA– 1310. 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 the NRC’s regulations. These findings will be documented in a Safety Evaluation Report and an Environmental Assessment. III. Opportunity To Request a Hearing; Petitions for Leave To Intervene Within 60 days after the date of publication of this Federal Register notice, 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 request for a hearing and a petition for leave to intervene with respect to the license amendment request. Requirements for hearing requests and petitions for leave to intervene are found in Title 10 of the Code of Federal Regulations (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 Public Document Room (PDR), Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR at 1–800–397–4209 or 301–415–4737). The NRC’s regulations are available online in the NRC Library at https:// www.nrc.gov/reading-rm/adams.html. 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. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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 crossexamination plan for cross-examination of witnesses, consistent with the NRC regulations, policies, and procedures. The Atomic Safety and 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 Atomic Safety and 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). E:\FR\FM\26APN1.SGM 26APN1 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 June 25, 2012. 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 Atomic Safety and Licensing Board. Persons desiring to make a limited appearance are requested to inform the Secretary of the Commission by June 25, 2012. IV. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139, August 28, 2007). The EFiling process requires participants to submit and serve all adjudicatory documents over the Internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at VerDate Mar<15>2010 17:51 Apr 25, 2012 Jkt 226001 hearing.docket@nrc.gov, or by telephone at 301–415–1677, to request (1) a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC’s public Web site at https:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in the 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-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through the Electronic Information Exchange System, users will be required to install a Web browser plug-in from the NRC’s Web site. Further information on the Webbased submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at https://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with the NRC guidance available on the NRC’s public Web site at https://www.nrc.gov/sitehelp/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 24995 p.m. Eastern Time on the due date. Upon receipt of a transmission, the EFiling system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email 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 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’s Web site at https://www.nrc.gov/site-help/esubmittals.html, by email at MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. 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 firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. 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 E:\FR\FM\26APN1.SGM 26APN1 24996 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Notices the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the 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 April 26, 2012. Non-timely filings will not be entertained absent a determination by the presiding officer that the petition or request should be granted or the contentions should be admitted, based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). Dated at Rockville, Maryland, this 17th day of April, 2012. For the Nuclear Regulatory Commission. Keith McConnell, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2012–10065 Filed 4–25–12; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2012–11 and CP2012–19; Order No. 1321] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service request to add First-Class Package Service Contract 1 to the competitive product list. This notice addresses procedural steps associated with the filing. DATES: Comments are due: May 4, 2012. ADDRESSES: Submit comments electronically by accessing the ‘‘Filing Online’’ link in the banner at the top of the Commission’s Web site (https:// www.prc.gov) or by directly accessing the Commission’s Filing Online system tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:51 Apr 25, 2012 Jkt 226001 at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section as the source for case-related information for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at 202–789–6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance). SUPPLEMENTARY INFORMATION: I. Introduction II. Notice of Filings III. Ordering Paragraphs I. Introduction In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add First-Class Package Service Contract 1 to the Competitive Product List.1 The Postal Service asserts that First-Class Package Service Contract 1 is ‘‘a competitive product not of general applicability within the meaning of 39 U.S.C. § 3632(b)(3).’’ Id. at 1. The Request has been assigned Docket No. MC2012–11. The Postal Service contemporaneously filed a redacted contract related to the proposed new product. Id., Attachment B. The instant contract has been assigned Docket No. CP2012–19. Request. To support its Request, the Postal Service filed the following six attachments: • Attachment A—a redacted version of the Governors’ Decision and accompanying analysis. An explanation and justification is provided in the Governors’ Decision and analysis filed in the unredacted version under seal; • Attachment B—a redacted version of the instant contract; • Attachment C—the proposed changes in the Mail Classification Schedule with the addition underlined; • Attachment D—a Statement of Supporting Justification as required by 39 CFR 3020.32; • Attachment E—a certification of compliance with 39 U.S.C. 3633(a)(1), (2), and (3); and • Attachment F—an Application for Non-public Treatment of the materials filed under seal. The materials filed under seal are the unredacted version of 1 Request of the United States Postal Service to Add First-Class Package Service Contract 1 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors’ Decision, Contract, and Supporting Data, April 17, 2012 (Request). PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 the instant contract and the required cost and revenue data. In the Statement of Supporting Justification, Dennis R. Nicoski, Manager, Field Sales Strategy and Contracts, asserts that the instant contract will cover its attributable costs, make a positive contribution to cover institutional costs, and increase contribution toward the requisite 5.5 percent of the Postal Service’s institutional costs. Id., Attachment D at 1. Mr. Nicoski contends that there will be no issue of subsidization of market dominant products by competitive products as a result of the instant contract. Id. Instant contract. The Postal Service included a redacted version of the instant contract with the Request. Id., Attachment B. It is scheduled to become effective on the day the Commission issues all necessary regulatory approval (Effective Date). Id. at 2. It will expire 2 years from the Effective Date unless, among other things, either party terminates the agreement with 30 days written notice to the other party. Id. at 2–3. The Postal Service represents that the related contract is consistent with 39 U.S.C. 3633. Id., Attachment D. The Postal Service filed much of the supporting materials, including the unredacted version of the instant contract, under seal. Id., Attachment F. It maintains that the unredacted Governors’ Decision, the unredacted version of the instant contract, and supporting documents establishing compliance with 39 U.S.C. 3633 and 39 CFR 3015.5 should remain confidential. Id. at 1. The Postal Service asks the Commission to protect customer-identifying information from public disclosure indefinitely. Id. II. Notice of Filings The Commission establishes Docket Nos. MC2012–11 and CP2012–19 to consider the Request and the instant contract, respectively. Interested persons may submit comments on whether the Postal Service’s filings in these dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than May 4, 2012. The public portions of these filings can be accessed via the Commission’s Web site (https://www.prc.gov). The Commission appoints Katalin K. Clendenin to serve as Public Representative in these dockets. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket Nos. MC2012–11 and CP2012–19 to E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24993-24996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10065]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8452; NRC-2012-0095]


License Amendment Request To Amend Source Materials License SUA-
1310 and Proceed With Termination of the License and Transfer of the 
Site to the U.S. Department of Energy; Anadarko Petroleum Corporation, 
Bear Creek Uranium Mill, Converse County, WY

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request, opportunity to comment, request a 
hearing and petition for leave to intervene.

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

DATES: Comments must be filed by May 29, 2012. A request for a hearing 
must be filed by June 25, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and is publicly-available, by 
searching on https://www.regulations.gov under Docket ID NRC-2012-0095.
    You may submit comments by the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0095. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: 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 Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at 301-492-3446.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Thomas McLaughlin, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555; telephone: 301-415-5869; 
email: Thomas.McLaughlin@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0095 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document, which the NRC possesses 
and is publicly-available, by the following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0095.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The Bear

[[Page 24994]]

Creek Uranium Alternate Concentration Proposal is available 
electronically under ADAMS Accession Number ML120470103.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2012-0095 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into 
ADAMS, and the NRC does not edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information in their comment submissions 
that they do not want to be publicly disclosed. Your request should 
state that the NRC will not edit comment submissions to remove such 
information before making the comment submissions available to the 
public or entering the comment submissions into ADAMS.

II. Introduction

    The Nuclear Regulatory Commission (NRC or the Commission) has 
received, by letter dated November 28, 2011, a license amendment 
application from Anadarko Petroleum Corporation (Licensee) for their 
Bear Creek Uranium site located in Converse County, Wyoming, requesting 
to amend their existing alternate concentration limits, to delete 
License Condition 47, and to proceed with termination of the license 
and transfer of the facility to the U.S. Department of Energy. License 
No. SUA-1310 authorizes the Licensee to possess byproduct material 
resulting from past operations of its Bear Creek facility until site 
reclamation is adequate. The proposed changes in the existing alternate 
concentration limits are to extend the Point of Exposure wells to those 
wells at the northern property boundary. The elimination of License 
Condition 47 would mean that the Licensee would no longer be required 
to sample its wells and report the results to the NRC.
    An NRC administrative review, documented in a letter to Anadarko 
Petroleum Corporation dated January 12, 2012 (ADAMS Accession No. 
ML120100298), 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. SUA-1310. 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 the 
NRC's regulations. These findings will be documented in a Safety 
Evaluation Report and an Environmental Assessment.

III. Opportunity To Request a Hearing; Petitions for Leave To Intervene

    Within 60 days after the date of publication of this Federal 
Register notice, 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 request for a hearing and a petition for leave to 
intervene with respect to the license amendment request. Requirements 
for hearing requests and petitions for leave to intervene are found in 
Title 10 of the Code of Federal Regulations (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 Public Document Room (PDR), Room O1-F21, One 
White Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call 
the PDR at 1-800-397-4209 or 301-415-4737). The NRC's regulations are 
available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html.
    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 the NRC regulations, policies, and procedures. The 
Atomic Safety and 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 Atomic Safety and 
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).

[[Page 24995]]

    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 June 
25, 2012. 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 Atomic Safety and Licensing Board. 
Persons desiring to make a limited appearance are requested to inform 
the Secretary of the Commission by June 25, 2012.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the Internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to request (1) a digital identification (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 the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at https://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the 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 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 the NRC guidance 
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email 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 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's Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by email at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting

[[Page 24996]]

the exemption from use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
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 April 26, 2012. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).

    Dated at Rockville, Maryland, this 17th day of April, 2012.

    For the Nuclear Regulatory Commission.
Keith McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.

[FR Doc. 2012-10065 Filed 4-25-12; 8:45 am]
BILLING CODE 7590-01-P
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