License Amendment Request From The State University of New York, University of Buffalo Reactor Facility, 27487-27490 [2012-11297]
Download as PDF
27487
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices
Non-Federal and Regional Low-Level
Waste Disposal Facilities.’’
3. Current OMB approval number:
3150–0143.
4. The form number if applicable:
N/A.
5. How often the collection is
required: The collection would only be
required upon application for a
Commission emergency access
determination when access to a nonFederal or regional low-level waste
disposal facility is denied, which results
in an immediate public health and
safety and/or common defense and
security concern.
6. Who will be required or asked to
report: Generators of low-level
radioactive waste, or the Governor of a
State on behalf of any generator or
generators located in his or her State
who are denied access to a non-Federal
or regional low-level radioactive wastes
and who wish to request emergency
access for disposal at a non-Federal or
regional LLW disposal facility pursuant
to 10 CFR part 62.
7. An estimate of the number of
annual responses: 1.
8. The estimated number of annual
respondents: 1.
9. An estimate of the total number of
hours needed annually to complete the
requirement or request: 233.
10. Abstract: 10 CFR part 62 sets out
the information which must be provided
to the NRC by any low-level waste
generator or Governor of a State on
behalf of generators seeking emergency
access to an operating low-level waste
disposal facility. The information is
required to allow the NRC to determine
if denial of disposal constitutes a
serious and immediate threat to public
health and safety or common defense
and security. 10 CFR part 62 also
provides that the Commission may grant
an exemption from the requirements in
this Part upon application of an
interested person or upon its own
initiative.
The public may examine and have
copied for a fee, publicly available
documents, including the final
supporting statement, at the NRC’s
Public Document Room, Room O–1F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852. OMB
clearance requests are available at the
NRC’s Web site: https://www.nrc.gov/
public-involve/doc-comment/omb/
index.html. The document will be
available on the NRC home page site for
60 days after the signature date of this
notice.
Comments and questions should be
directed to the OMB reviewer listed
below by June 11, 2012. Comments
received after this date will be
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considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date. Chad Whiteman, Desk Officer,
Office of Information and Regulatory
Affairs (3150–0143), NEOB–10202,
Office of Management and Budget,
Washington, DC 20503.
Comments can also be emailed to
Chad_S_Whiteman@omb.eop.gov or
submitted by telephone at 202 395–
4718.
The NRC Clearance Officer is
Tremaine Donnell, 301 415–6258.
Dated at Rockville, Maryland, this 3th day
of May, 2012.
For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. 2012–11240 Filed 5–9–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–57, NRC–2012–0103]
License Amendment Request From
The State University of New York,
University of Buffalo Reactor Facility
Nuclear Regulatory
Commission.
ACTION: Notice of decommissioning
plan, proposed license amendment and
opportunity to provide comments,
request a hearing and to petition for
leave to intervene.
AGENCY:
Submit comments by July 9,
2012. Requests for a hearing or leave to
intervene must be filed by July 9, 2012.
ADDRESSES: You may access information
and comment submissions related to
this document by searching on https://
www.regulations.gov under Docket ID
NRC–2012–0103. You may submit
comments by the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0103. 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
DATES:
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SUPPLEMENTARY INFORMATION
section of
this document.
FOR FURTHER INFORMATION CONTACT:
Theodore Smith, Project Manager,
Reactor Decommissioning Branch,
Division of Waste Management and
Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6721; email:
Theodore.Smith@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2012–
0103 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document by
the following methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0103.
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
University of Buffalo Decommissioning
Plan and License Amendment Request
is available electronically under
ADAMS Accession Number
ML120540187.
• 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–
0103 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.
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices
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 U.S. Nuclear Regulatory
Commission (NRC or the Commission)
has received, by letter dated February
17, 2012, (ADAMS Accession Number
ML12054A116) a proposed
decommissioning plan and license
amendment application from the State
University of New York, University of
Buffalo requesting approval of a
decommissioning plan and addition of a
license condition for its Buffalo
Materials Research Center Reactor
Facility site located in Buffalo, New
York, license No. R–77. Specifically, the
amendment adds a license condition
requiring a final status survey plan to be
submitted and approved by the NRC
prior to conducting final status surveys
for license termination.
An NRC administrative review found
the application acceptable to begin a
technical review. If the NRC approves
the amendment, the approval will be
documented in an amendment to NRC
License No R–77. 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. This license amendment
appears to qualify for a categorical
exclusion in Title 10 of the Code of
Federal Regulations (10 CFR) 51.22.
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III. Notice and Solicitation of
Comments
In accordance with 10 CFR 20.1405,
the Commission is providing notice and
soliciting comments from local and
State governments in the vicinity of the
site and any Federally-recognized
Indian tribe that could be affected by the
decommissioning. This notice and
solicitation of comments is published
pursuant to 10 CFR 20.1405, which
provides for publication in the Federal
Register and in a forum, such as local
newspapers, letters to State or local
organizations, or other appropriate
forum, that is readily accessible to
individuals in the vicinity of the site.
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Comments should be provided within
30 days of the date of this notice.
Further, in accordance with 10 CFR
50.82(b)(5), notice is also provided to
interested persons of the Commission’s
intent to approve the plan by
amendment, subject to such conditions
and limitations as it deems appropriate
and necessary, if the plan demonstrates
that decommissioning will be performed
in accordance with the regulations in
this chapter and will not be inimical to
the common defense and security or to
the health and safety of the public.
IV. 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 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
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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).
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
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extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by July 9,
2012. The petition must be filed in
accordance with the filing instructions
in Section V 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 July 9, 2012.
V. 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
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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/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 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
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27489
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
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/EHD/, unless excluded
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices
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 May
10, 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 30th day
of April 2012.
For the U.S. Nuclear Regulatory
Commission.
Bruce A. Watson,
Acting 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. 2012–11297 Filed 5–9–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0104]
Plant-Specific Adoption, Revision 4 of
the Improved Standard Technical
Specifications
Nuclear Regulatory
Commission.
ACTION: Notice of Availability.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is announcing the availability of
Revision 4.0 of the Improved Standard
Technical Specifications, NUREG–1430,
‘‘Standard Technical Specifications,
Babcock and Wilcox Plants,’’ NUREG–
1431, ‘‘Standard Technical
Specifications, Westinghouse Plants,’’
NUREG–1432, ‘‘Standard Technical
Specifications, Combustion Engineering
Plants,’’ NUREG–1433, ‘‘Standard
Technical Specifications, General
Electric Plants, BWR/4,’’ and NUREG–
1434, ‘‘Standard Technical
Specifications, General Electric Plants,
BWR/6.’’
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SUMMARY:
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Please refer to Docket ID
NRC–2012–0104 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,
using the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0104. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301 492–3668;
email: Carol.Gallagher@nrc.gov.
• 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/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. NUREG–
1430, ‘‘Standard Technical
Specifications, Babcock and Wilcox
Plants’’ Revision 4, is available in
ADAMS under Accession No.
ML12100A177 (Technical
Specifications) and ML12100A178
(Bases), NUREG–1431, ‘‘Standard
Technical Specifications, Westinghouse
Plants’’ Revision 4, ADAMS Accession
No. ML12100A222 (Technical
Specifications) and ML12100A228
(Bases); NUREG–1432, ‘‘Standard
Technical Specifications, Combustion
Engineering Plants’’ Revision 4, ADAMS
Accession No. ML12102A165
(Technical Specifications) and
ML12102A165 (Bases), NUREG–1433,
‘‘Standard Technical Specifications,
General Electric Plants, BWR/4’’
Revision 4, ADAMS Accession No.
ML12104A192 (Technical
Specifications) and ML12104A193
(Bases), and NUREG–1434, ‘‘Standard
Technical Specifications, General
Electric Plants, BWR/6’’ Revision 4,
ADAMS Accession No. ML12104A195
(Technical Specifications) and
ML12104A196 (Bases).
• 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.
FOR FURTHER INFORMATION CONTACT: Mr.
Shaun M. Anderson, Reactor Systems
Engineer, Technical Specifications
Branch, Mail Stop: O–7 C2A, Division of
Safety Systems, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC, 20555–0001; telephone 301–415–
ADDRESSES:
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2039 or email at Shaun.Anderson@nrc.
gov or Mr. Gerald Waig, Technical
Specifications Branch, Mail Stop: O–7
C2A, Division of Safety Systems, Office
of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone
301–415–2260 or email; Gerald.Waig@
nrc.gov.
SUPPLEMENTARY INFORMATION: The
changes reflected in Revision 4 result
from the experience gained from plant
operation using the improved standard
technical specifications (STS) and
extensive public technical meetings and
discussions among the NRC staff and
various nuclear power plant licensees
and the Nuclear Steam Supply System
(NSSS) Owners Groups.
The improved STS were developed
based on the criteria in the Final
Commission Policy Statement on
Technical Specifications Improvements
for Nuclear Power Reactors, dated July
22, 1993 (58 FR 39132), which was
subsequently codified by changes to
Title 10 of the Code of Federal
Regulations (10 CFR) 50.36, published
on July 19, 1995 (60 FR 36953).
Licensees are encouraged to upgrade
their technical specifications consistent
with those criteria and conforming, to
the practical extent, to Revision 4 to the
improved STS. The Commission
continues to place the highest priority
on requests for complete conversions to
the improved STS. Licensees adopting
portions of the improved STS to existing
technical specifications should adopt all
related requirements, as applicable, to
achieve a high degree of standardization
and consistency.
Licensees opting to apply for an
improved STS conversion are
responsible for reviewing the NRC staff
STS and the applicable technical bases,
providing any necessary plant-specific
information, and assessing the
completeness and accuracy of their
license amendment request (LAR). The
NRC will process each amendment
application responding to the Notice of
Availability according to applicable
NRC rules and procedures.
The proposed changes do not prevent
licensees from requesting an alternate
approach or proposing changes other
than those proposed in the Improved
STS, Revision 4. However, significant
deviations from the approach
recommended in this notice or the
inclusion of additional changes to the
license will require additional NRC staff
review. This may increase the time and
resources needed for the review or
result in NRC staff rejection of the LAR.
Licensees desiring significant deviations
or additional changes should instead
E:\FR\FM\10MYN1.SGM
10MYN1
Agencies
[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27487-27490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11297]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-57, NRC-2012-0103]
License Amendment Request From The State University of New York,
University of Buffalo Reactor Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of decommissioning plan, proposed license amendment and
opportunity to provide comments, request a hearing and to petition for
leave to intervene.
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DATES: Submit comments by July 9, 2012. Requests for a hearing or leave
to intervene must be filed by July 9, 2012.
ADDRESSES: You may access information and comment submissions related
to this document by searching on https://www.regulations.gov under
Docket ID NRC-2012-0103. You may submit comments by the following
methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0103. 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: Theodore Smith, Project Manager,
Reactor Decommissioning Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6721; email:
Theodore.Smith@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0103 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document by the following methods:
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0103.
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 University of Buffalo
Decommissioning Plan and License Amendment Request is available
electronically under ADAMS Accession Number ML120540187.
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-2012-0103 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.
[[Page 27488]]
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 U.S. Nuclear Regulatory Commission (NRC or the Commission) has
received, by letter dated February 17, 2012, (ADAMS Accession Number
ML12054A116) a proposed decommissioning plan and license amendment
application from the State University of New York, University of
Buffalo requesting approval of a decommissioning plan and addition of a
license condition for its Buffalo Materials Research Center Reactor
Facility site located in Buffalo, New York, license No. R-77.
Specifically, the amendment adds a license condition requiring a final
status survey plan to be submitted and approved by the NRC prior to
conducting final status surveys for license termination.
An NRC administrative review found the application acceptable to
begin a technical review. If the NRC approves the amendment, the
approval will be documented in an amendment to NRC License No R-77.
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. This license amendment appears to
qualify for a categorical exclusion in Title 10 of the Code of Federal
Regulations (10 CFR) 51.22.
III. Notice and Solicitation of Comments
In accordance with 10 CFR 20.1405, the Commission is providing
notice and soliciting comments from local and State governments in the
vicinity of the site and any Federally-recognized Indian tribe that
could be affected by the decommissioning. This notice and solicitation
of comments is published pursuant to 10 CFR 20.1405, which provides for
publication in the Federal Register and in a forum, such as local
newspapers, letters to State or local organizations, or other
appropriate forum, that is readily accessible to individuals in the
vicinity of the site. Comments should be provided within 30 days of the
date of this notice.
Further, in accordance with 10 CFR 50.82(b)(5), notice is also
provided to interested persons of the Commission's intent to approve
the plan by amendment, subject to such conditions and limitations as it
deems appropriate and necessary, if the plan demonstrates that
decommissioning will be performed in accordance with the regulations in
this chapter and will not be inimical to the common defense and
security or to the health and safety of the public.
IV. 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
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).
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
[[Page 27489]]
extent of the petitioner's interest in the proceeding. The petition
should be submitted to the Commission by July 9, 2012. The petition
must be filed in accordance with the filing instructions in Section V
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 July 9, 2012.
V. 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/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 Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with 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 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/esubmittals.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 the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/EHD/, unless excluded
[[Page 27490]]
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 May 10, 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 30th day of April 2012.
For the U.S. Nuclear Regulatory Commission.
Bruce A. Watson,
Acting 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. 2012-11297 Filed 5-9-12; 8:45 am]
BILLING CODE 7590-01-P