Aptuit, LLC; License Amendment Request, Opportunity To Provide Comments, Request a Hearing and To Petition for Leave To Intervene, 3470-3473 [2013-00786]

Download as PDF 3470 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices expected to cause impacts significantly greater than current operations. Therefore, the proposed action of implementing the EPU for CR–3 will not have a significant effect on the quality of the human environment because no significant permanent changes are involved, and the temporary impacts are within previously disturbed areas at the site and the capacity of the plant systems. Accordingly, the NRC has determined it is not necessary to prepare an environmental impact statement for the proposed action. Dated at Rockville, Maryland, this 8th day of January, 2013. For the Nuclear Regulatory Commission. Jessie F. Quichocho, Acting Chief, Plant Licensing Branch II–2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2013–00781 Filed 1–15–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–033; NRC–2008–0566] mstockstill on DSK4VPTVN1PROD with DTE Electric Company (Formerly the Detroit Edison Company), Notice of Availability of Final Environmental Impact Statement for a Combined License for Unit 3 at the Enrico Fermi Atomic Power Plant Site Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Army Corps of Engineers, Detroit District, have published NUREG–2105, ‘‘Final Environmental Impact Statement for the Combined License (COL) for Enrico Fermi Unit 3.’’ The site is located in Monroe County, Michigan. The application for the COL was submitted by letter dated September 18, 2008, pursuant to part 52 of Title 10 of the Code of Federal Regulations (10 CFR). A notice of receipt and availability of the application, which included the environmental report, was published in the Federal Register on October 10, 2008. A notice of acceptance for docketing of the COL application was published in the Federal Register on November 25, 2008. A notice of intent to prepare a draft environmental impact statement (EIS) and to conduct the scoping process was published in the Federal Register on December 10, 2008 (73 FR 75142). SUPPLEMENTARY INFORMATION: this document. You may access information related to this document, which the NRC possesses and are publicly-available, using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2008–0566. 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 publiclyavailable documents online in the NRC Library at http://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 four volumes of the final EIS are available electronically under ADAMS Accession Numbers ML12307A172, ML12307A176, ML12307A177, and ML12347A202. • 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. In addition, the final EIS can be accessed online at the NRC’s Fermi Unit 3—specific Web page at http:// www.nrc.gov/reactors/new-reactors/col/ fermi.html. The Ellis Library and Reference Center, located at 3700 South Custer Road, Monroe, Michigan 48161– 9716, has also agreed to make the final EIS available to the public. Mr. Bruce Olson, Project Manager, Environmental Projects Branch 2, Division of New Reactor Licensing, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. Telephone: 301–415– 3731; email: Bruce.Olson@nrc.gov. FOR FURTHER INFORMATION CONTACT: Dated at Rockville, Maryland, this 10th day of January, 2013. For the Nuclear Regulatory Commission. Mark S. Delligatti, Deputy, Director, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2013–00783 Filed 1–15–13; 8:45 am] BILLING CODE 7590–01–P Accessing Information 17:01 Jan 15, 2013 Jkt 229001 PO 00000 [Docket No. 030–09415; NRC–2013–0006] Aptuit, LLC; License Amendment Request, Opportunity To Provide Comments, Request a Hearing and To Petition for Leave To Intervene Nuclear Regulatory Commission. ACTION: Decommissioning plan, license amendment request; opportunity to comment, request a hearing and petition for leave to intervene. AGENCY: Comments must be filed by February 15, 2013. A request for a hearing must be filed by March 18, 2013. DATES: You may access information and comment submissions related to this document, which the NRC possesses and are publically available, by searching on http:// www.regulations.gov under Docket ID NRC–2013–0006. You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0006. 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: Michael LaFranzo, Senior Health Physicist, Materials Control, ISFSI, and Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone: 630–829–9865; fax number: 630–515–1259; email: Michael.LaFranzo@nrc.gov. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2008– 0566 when contacting the NRC about the availability of information regarding VerDate Mar<15>2010 NUCLEAR REGULATORY COMMISSION Please refer to Docket ID NRC–2013– 0006 when contacting the NRC about Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices proposed decommissioning plan and license amendment request from Aptuit, LLC requesting approval of the decommissioning plan for its facility located in Kansas City, Missouri. Specifically, the approval of the decommissioning plan would allow Aptuit, LLC to begin decommissioning work at the facility to make it suitable for release in accordance with NRC requirements in support of license termination. An NRC administrative review, documented in a letter to the Licensee dated November 8, 2012, (ADAMS Accession Number ML12314A055) found the decommissioning plan acceptable to begin a technical review. If the NRC approves the amendment, the approval will be documented in an amendment to NRC License No 24– 15595–01. 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 and/or an Environmental Impact Statement. B. Submitting Comments Please include Docket ID NRC–2013– 0006 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 that that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely 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 that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. mstockstill on DSK4VPTVN1PROD with the availability of information regarding this document. You may access information related to this document by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0006. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at http://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 ADAMS accession number for each document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. • 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. III. Notice and Solicitation of Comments In accordance with section 20.1405 of Title 10 of the Code of Federal Regulations (10 CFR), 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 § 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. II. Introduction The U.S. Nuclear Regulatory Commission (NRC) has received, by letter dated August 30, 2012, (ADAMS Accession Number ML12248A095) a VerDate Mar<15>2010 17:01 Jan 15, 2013 Jkt 229001 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 § 2.309, ‘‘Hearing requests, Petitions to Intervene, Requirements for Standing, and Contentions.’’ Interested persons PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 3471 should consult § 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 http://www.nrc. gov/reading-rm/doc-collections/cfr/. 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 § 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 request. 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 request for amendment that the petitioner disputes and the supporting reasons for each dispute, or, if the petitioner believes that the request 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 E:\FR\FM\16JAN1.SGM 16JAN1 mstockstill on DSK4VPTVN1PROD with 3472 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices 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 § 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 § 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 March 18, 2013. 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 Federallyrecognized Indian tribes do not need to address the standing requirements in § 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 § 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 § 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 VerDate Mar<15>2010 17:01 Jan 15, 2013 Jkt 229001 Secretary of the Commission by March 18, 2013. V. Electronic Submissions (E-Filing) All documents filed in the NRC’s adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under § 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 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 http:// 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 http:// 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. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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 http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant 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 http://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 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 http://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 E:\FR\FM\16JAN1.SGM 16JAN1 mstockstill on DSK4VPTVN1PROD with Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices exemption request, in accordance with § 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 http:// ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as Social Security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Petitions for leave to intervene must be filed no later than 60 days from January 16, 2013. Requests for hearing, petitions for leave to intervene, and motions for leave to file new or amended contentions that are filed after the 60-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the following three factors in 10 CFR 2.309(c)(1): (i) The information upon which the filing is based was not previously available; (ii) the information upon which the filing is based is materially different from information VerDate Mar<15>2010 17:01 Jan 15, 2013 Jkt 229001 previously available; and (iii) the filing has been submitted in a timely fashion based on the availability of the subsequent information. Dated at Lisle, Illinois this 8th day of January 2013. For the Nuclear Regulatory Commission. Christine A. Lipa, Chief, Materials Control, ISFSI, and Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. 2013–00786 Filed 1–15–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Notice of Meeting In accordance with the purposes of Sections 29 and 182b of the Atomic Energy Act (42 U.S.C. 2039, 2232b), the Advisory Committee on Reactor Safeguards (ACRS) will hold a meeting on February 7–8, 2013, 11545 Rockville Pike, Rockville, Maryland. Thursday, February 7, 2013, Conference Room T2–B1, 11545 Rockville Pike, Rockville, Maryland 8:30 a.m.–8:35 a.m.: Opening Remarks by the ACRS Chairman (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. 8:35 a.m.–10:30 a.m.: Final Safety Evaluation Report Associated with the License Renewal Application for the Limerick Generating Station, Units 1 and 2 (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff and Exelon Corporation regarding the final safety evaluation report associated with the license renewal application for the Limerick Generating Station, Units 1 and 2. 10:45 a.m.–12:15 p.m.: Component Fabrication and Inspection of a Large Nuclear Steam Supply System (Open)— The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the staff’s approach for component fabrication and inspection of a large Nuclear Steam Supply System (NSSS). 1:15 p.m.–3:15 p.m.: Revised Construction Reactor Oversight Process Assessment Program (Open)—The Committee will hear presentations by and hold discussions with representatives of the NRC staff regarding the new Construction Reactor Oversight Process (CROP) pilot program plan applicable to oversight of new PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 3473 plants being constructed under the 10 CFR 50 process. 3:30 p.m.–7:00 p.m.: Preparation of ACRS Reports (Open)—The Committee will discuss proposed ACRS reports on matters discussed during this meeting. Friday, February 8, 2013, Conference Room T2–B1, 11545 Rockville Pike, Rockville, Maryland 8:30 a.m.–8:35 a.m.: Opening Remarks by the ACRS Chairman (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. 8:35 a.m.–10:00 a.m.: Future ACRS Activities/Report of the Planning and Procedures Subcommittee (Open/ Closed)—The Committee will discuss the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the Full Committee during future ACRS Meetings, and matters related to the conduct of ACRS business, including anticipated workload and member assignments. [Note: A portion of this meeting may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.] 10:00 a.m.–10:15 a.m.: Reconciliation of ACRS Comments and Recommendations (Open)—The Committee will discuss the responses from the NRC Executive Director for Operations to comments and recommendations included in recent ACRS reports and letters. 10:30 a.m.–7:00 p.m.: Preparation of ACRS Reports (Open)—The Committee will discuss proposed ACRS reports on matters discussed during this meeting. Procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 18, 2012, (77 FR 64146–64147). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Persons desiring to make oral statements should notify Antonio Dias, Cognizant ACRS Staff (Telephone: 301–415–6805, Email: Antonio.Dias@nrc.gov), five days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3470-3473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00786]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-09415; NRC-2013-0006]


Aptuit, LLC; License Amendment Request, Opportunity To Provide 
Comments, Request a Hearing and To Petition for Leave To Intervene

AGENCY: Nuclear Regulatory Commission.

ACTION: Decommissioning plan, license amendment request; opportunity to 
comment, request a hearing and petition for leave to intervene.

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

DATES: Comments must be filed by February 15, 2013. A request for a 
hearing must be filed by March 18, 2013.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publically available, 
by searching on http://www.regulations.gov under Docket ID NRC-2013-
0006. You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0006. 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: Michael LaFranzo, Senior Health 
Physicist, Materials Control, ISFSI, and Decommissioning Branch, 
Division of Nuclear Materials Safety, Region III, U.S. Nuclear 
Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; 
telephone: 630-829-9865; fax number: 630-515-1259; email: 
Michael.LaFranzo@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0006 when contacting the NRC 
about

[[Page 3471]]

the availability of information regarding this document. You may access 
information related to this document by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0006.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://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 ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     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-2013-0006 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 that that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely 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 that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely 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) has received, by 
letter dated August 30, 2012, (ADAMS Accession Number ML12248A095) a 
proposed decommissioning plan and license amendment request from 
Aptuit, LLC requesting approval of the decommissioning plan for its 
facility located in Kansas City, Missouri. Specifically, the approval 
of the decommissioning plan would allow Aptuit, LLC to begin 
decommissioning work at the facility to make it suitable for release in 
accordance with NRC requirements in support of license termination.
    An NRC administrative review, documented in a letter to the 
Licensee dated November 8, 2012, (ADAMS Accession Number ML12314A055) 
found the decommissioning plan acceptable to begin a technical review. 
If the NRC approves the amendment, the approval will be documented in 
an amendment to NRC License No 24-15595-01. 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 and/or an Environmental Impact 
Statement.

III. Notice and Solicitation of Comments

    In accordance with section 20.1405 of Title 10 of the Code of 
Federal Regulations (10 CFR), 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 Sec.  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.

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 
Sec.  2.309, ``Hearing requests, Petitions to Intervene, Requirements 
for Standing, and Contentions.'' Interested persons should consult 
Sec.  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 
http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    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 Sec.  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 request. 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 request for amendment 
that the petitioner disputes and the supporting reasons for each 
dispute, or, if the petitioner believes that the request 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

[[Page 3472]]

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 Sec.  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 Sec.  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 March 
18, 2013. 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 Sec.  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 Sec.  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 Sec.  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 March 18, 2013.

V. Electronic Submissions (E-Filing)

    All documents filed in the NRC's adjudicatory proceedings, 
including a request for hearing, a petition for leave to intervene, any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities participating under 
Sec.  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 http://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 http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. 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 http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant 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 http://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 http://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

[[Page 3473]]

exemption request, in accordance with Sec.  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 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as Social Security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from January 16, 2013. Requests for hearing, petitions for leave 
to intervene, and motions for leave to file new or amended contentions 
that are filed after the 60-day deadline will not be entertained absent 
a determination by the presiding officer that the filing demonstrates 
good cause by satisfying the following three factors in 10 CFR 
2.309(c)(1): (i) The information upon which the filing is based was not 
previously available; (ii) the information upon which the filing is 
based is materially different from information previously available; 
and (iii) the filing has been submitted in a timely fashion based on 
the availability of the subsequent information.

    Dated at Lisle, Illinois this 8th day of January 2013.

    For the Nuclear Regulatory Commission.
Christine A. Lipa,
Chief, Materials Control, ISFSI, and Decommissioning Branch, Division 
of Nuclear Materials Safety, Region III.
[FR Doc. 2013-00786 Filed 1-15-13; 8:45 am]
BILLING CODE 7590-01-P