License Amendment Request for United Nuclear Corporation, Church Rock Mill-License No. SUA-1475, 12365-12368 [2013-04112]
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
Estimated Total Burden Hours: 82
Total Burden Cost (capital/startup):
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Total Burden Cost (operating/
maintenance): $0.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated: February 14, 2013.
Yoon Ferguson,
Agency Clearance Officer, Office of Workers’
Compensation Programs, U.S. Department of
Labor.
[FR Doc. 2013–04002 Filed 2–21–13; 8:45 am]
BILLING CODE 4510–CK–P
LSC complies with the
Americans with Disabilities Act and
Section 504 of the 1973 Rehabilitation
Act. Upon request, meeting notices and
materials will be made available in
alternative formats to accommodate
individuals with disabilities.
Individuals who need other
accommodations due to disability in
order to attend the meeting in person or
telephonically should contact Atitaya
Rok, at (202) 295–1500 or
FR_NOTICE_QUESTIONS@lsc.gov, at
least 2 business days in advance of the
meeting. If a request is made without
advance notice, LSC will make every
effort to accommodate the request but
cannot guarantee that all requests can be
fulfilled.
ACCESSIBILITY:
LEGAL SERVICES CORPORATION
Dated: February 19, 2013.
Victor M. Fortuno,
Vice President & General Counsel.
Sunshine Act Meeting
[FR Doc. 2013–04214 Filed 2–20–13; 11:15 am]
The Legal Services
Corporation’s Institutional
Advancement Committee will meet
telephonically on February 26, 2013.
The meeting will commence at 4:00
p.m., Eastern Standard Time (EST), and
will continue until the conclusion of the
Committee’s agenda.
LOCATION: F. William McCalpin
Conference Center, Legal Services
Corporation Headquarters, 3333 K Street
NW., Washington DC 20007.
STATUS OF MEETING: Closed. Upon a vote
of the Board of Directors, the meeting
may be closed to the public to receive
a presentation on and to discuss
prospective funders for LSC’s
development activities and 40th
anniversary celebration.
A verbatim written transcript will be
made of the closed session of the Board
and Institutional Advancement
Committee meetings. The transcript of
any portions of the closed session
falling within the relevant provisions of
the Government in the Sunshine Act, 5
U.S.C. 552b(c)(9) will not be available
for public inspection. A copy of the
General Counsel’s Certification that, in
his opinion, the closing is authorized by
law will be available upon request.
MATTERS TO BE CONSIDERED: 1.
Presentation on and discussion of
prospective funders for LSC’s
development activities and 40th
anniversary celebration
2. Consider and act on adjournment of
meeting
CONTACT PERSON FOR INFORMATION:
Katherine Ward, Executive Assistant to
the Vice President & General Counsel, at
(202) 295–1500. Questions may be sent
by electronic mail to
FR_NOTICE_QUESTIONS@lsc.gov.
BILLING CODE 7050–01–P
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NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0037]
Tennessee Valley Authority; Notice of
Receipt and Availability of Application
for Renewal of Sequoyah Nuclear
Plant, Units 1 and 2 Facility Operating
License Nos. DPR–77 and DPR–79 for
an Additional 20-Year Period
The U.S. Nuclear Regulatory
Commission (NRC) has received an
application, dated January 7, 2013, from
Tennessee Valley Authority, filed
pursuant to Section 103 of the Atomic
Energy Act of 1954, as amended, and
part 54 of Title 10 of the Code of Federal
Regulations (10 CFR), to renew the
operating licenses for the Sequoyah
Nuclear Plant (SQN), Units 1 and 2.
Renewal of the licenses would authorize
the applicant to operate each facility for
an additional 20-year period beyond the
period specified in the respective
current operating licenses. The current
operating license for SQN, Unit 1 (DPR–
77), expires on September 17, 2020. The
current operating license for SQN, Unit
2 (DPR–79), expires on September 15,
2021. Both units are pressurized-water
reactors designed by Westinghouse, and
are located in Soddy-Daisy, Tennessee.
The acceptability of the tendered
application for docketing, and other
matters, including an opportunity to
request a hearing, will be the subject of
subsequent Federal Register notices.
Copies of the application are available
to the public at the NRC’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville
PO 00000
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12365
Pike, Rockville, Maryland 20852, or
through the internet from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room under
Accession Number ML130240007. The
ADAMS Public Electronic Reading
Room is accessible from the NRC Web
site at https://www.nrc.gov/reading-rm/
adams.html. In addition, the application
is available at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html. Persons who do not
have access to the internet or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC’s PDR reference staff at
1–800–397–4209, extension 4737, or by
email to pdr.resource@nrc.gov.
A copy of the license renewal
application for SQN, Units 1 and 2, will
also be available to local residents near
the site at the Chattanooga-Hamilton
County Library—Northgate Branch, 520
Northgate Mall, Chattanooga, Tennessee
37415, the Chattanooga-Hamilton
County Library—Downtown Branch,
1001 Broad St., Chattanooga, Tennessee
37402, and the Signal Mountain Library,
1114 James Blvd., Signal Mountain,
Tennessee 37377.
Dated at Rockville, Maryland, this 8th day
of February, 2013.
For The Nuclear Regulatory Commission.
John W. Lubinski,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. 2013–04113 Filed 2–21–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–8907; NRC–2013–0036]
License Amendment Request for
United Nuclear Corporation, Church
Rock Mill—License No. SUA–1475
Nuclear Regulatory
Commission.
ACTION: License amendment request;
opportunity to request a hearing and to
petition for leave to intervene.
AGENCY:
A request for a hearing or
petition for leave to intervene must be
filed by April 23, 2013.
ADDRESSES: Please refer to Docket ID
[NRC–2013–0036] 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 any of the following methods:
• Federal Rulemaking Web site: GO to
https://www.regulations.gov and search
DATES:
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
for Docket ID NRC–2013–0036. 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 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 is provided the
first time the document is referenced.
The license amendment request is
available under ADAMS Package
Accession No. ML120170452.
• NRC’s Public Document Room
(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:
Yolande Norman, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
7741; email: Yolande.Norman@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has received a
license amendment application from
United Nuclear Corporation (UNC or the
licensee), dated April 17, 2012,
requesting an amendment to Source
Materials License Number SUA–1475
for the UNC Church Rock Mill site
located in New Mexico (the UNC
license) [ADAMS Accession No.
ML12150A146]. On October 12, 2012,
UNC submitted a three-dimensional
groundwater flow model for the UNC
Church Rock Mill site and adjacent
downgradient areas [ADAMS Accession
Nos. ML12305A320 and
ML12305A324]. In a letter dated
November 16, 2012, UNC requested that
the NRC consider the merits of this
groundwater flow model in support of
their April 2012 license amendment
application [ADAMS Accession No.
ML12334A292]. The requested
amendment seeks to revise the NRCapproved background threshold values
for groundwater constituents in point of
compliance wells for all three
hydrostratigraphic units as it pertains to
license condition 30.B of Source
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Materials License Number SUA–1475
and Section 5(B)(5)(a) Part 40 Appendix
A of Title 10 of the Code of Federal
Regulations (10 CFR).
An NRC administrative review,
documented in a letter to UNC dated
January 10, 2013, (ADAMS Accession
No. ML13007A069) determined that the
application and supplemental
information was acceptable to begin a
technical review. Please note that the
NRC technical review of the
groundwater flow model will be
narrowly focused on supplemental
information pertinent to the amendment
request to revise background
concentration levels. If the NRC
approves the requested amendment, the
approval will be documented in an
amendment to NRC Source Materials
License Number SUA–1475. However,
before approving the proposed
amendment, the NRC will need to make
the findings required by the Atomic
Energy Act of 1954, as amended (the
Act), and the NRC’s regulations. These
findings will be documented in a Safety
Evaluation Report and an
Environmental Assessment.
II. Opportunity to Request a Hearing;
Petition 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 PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852 (or call the PDR at 1–800–397–
4209 or 301–415–4737). The NRC’s
regulations are also accessible
electronically from the NRC Library on
the NRC’s Web site athttps://
www.nrc.gov/reading-rm/doccollections/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 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
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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 that 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 the 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 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.
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
Requests for hearing, petitions for
leave to intervene, and motions for leave
to file contentions after the deadline in
10 CFR 2.309(b) will not be entertained
absent a determination by the presiding
officer that the new or amended 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.
A State, local governmental body,
Federally-recognized Indian tribe, or
agency thereof may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission by April 23, 2013. The
petition must be filed in accordance
with the filing instructions in section III
of this document, and should meet the
requirements for petitions for leave to
intervene set forth in this section,
except that under 10 CFR 2.309(h)(2) a
State, local governmental body, or
Federally-recognized Indian tribe, or
agency thereof does not need to address
the standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. A State, local
governmental body, Federallyrecognized Indian tribe, or agency
thereof may also have the opportunity to
participate in a hearing as a nonparty
under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish, or is not qualified,
to become a party to the proceeding
may, in the discretion of the presiding
officer, be permitted 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 the limits and
conditions as may be imposed by the
presiding officer. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by April 23, 2013.
III. 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
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to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139; August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the Internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
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 counselor
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html.
Participants may attempt to use other
software not listed on the Web site, but
should note that the NRC’s E-Filing
system does not support unlisted
software, and the NRC Meta System
Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
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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 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 led
certificate before a hearing request/
petition for leave to intervene is filed so
that they can obtain access to the
document via the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC’s Web site at https://
www.nrc.gov/site-help/e-submittals/
contact-us-eie.html by email at
MSHOResource@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
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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 the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/EHD/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Dated at Rockville, Maryland this 11th day
of February 2013.
For the Nuclear Regulatory Commission.
Andrew Persinko,
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. 2013–04112 Filed 2–21–13; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
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[Docket No. CP2013–7; Order No. 1660]
Priority Mail Contract; Negotiated
Service Agreement
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning
SUMMARY:
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an amendment to the existing Priority
Mail Contract 47 Negotiated Service
Agreement. This notice informs the
public of the filing, invites public
comment, and takes other
administrative steps.
DATES: Comments are due: February 22,
2013.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Filings
III. Ordering Paragraphs
I. Introduction
On February 13, 2013, the Postal
Service filed notice that it has agreed to
an amendment to existing Priority Mail
Contract 47, which was added to the
competitive product list in this docket.1
In its Notice, the Postal Service includes
Attachment A, a redacted copy of the
amended portion of Priority Mail
Contract 47.
The Postal Service also filed the
unredacted amendment under seal. It
asserts that the ‘‘supporting financial
documentation and financial
certification initially provided in this
docket remain applicable.’’ Id. at 1. It
also seeks to incorporate by reference
the Application for Non-Public
Treatment originally filed in this docket
for the protection of customeridentifying information that it has filed
under seal. Id.
The amendment changes the
definition of the term ‘‘Contract
Quarters’’ to provide that the first
contract quarter begins on January 1
rather than July 1. Id. Attachment A at
1. The Postal Service intends for the
amendment to become effective on the
day after the date that the Commission
completes its review of the Notice. Id.
II. Notice of Filing
Interested persons may submit
comments on whether the changes
presented in the Postal Service’s Notice
are consistent with the policies of 39
1 Notice of United States Postal Service of
Amendment to Priority Mail Contract 47, With
Portions Filed Under Seal, February 13, 2013
(Notice).
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U.S.C. 3632, 3633, or 3642, 39 CFR
3015.5, and 39 CFR part 3020, subpart
B. Comments are due no later than
February 22, 2013. The public portions
of these filings can be accessed via the
Commission’s Web site (https://
www.prc.gov).
James F. Callow will continue to serve
as Public Representative in this docket.
III. Ordering Paragraphs
It is ordered:
1. The Commission shall reopen
Docket No. CP2013–7 to consider the
amendment to Priority Mail Contract 47.
2. James F. Callow will continue to
serve as an officer of the Commission
(Public Representative) to represent the
interests of the general public in this
proceeding.
3. Comments by interested persons in
these proceedings are due no later than
February 22, 2013.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2013–04042 Filed 2–21–13; 8:45 am]
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POSTAL SERVICE
Privacy Act of 1974; System of
Records
Postal ServiceTM.
Notice of modification to
existing system of records.
AGENCY:
ACTION:
The United States Postal
Service® is proposing to modify a
General Privacy Act System of Records.
These updates are being made due to
changes to a Web site developed for
retired postal employees.
DATES: The revision will become
effective without further notice on
March 25, 2013, unless comments
received on or before that date result in
a contrary determination.
ADDRESSES: Comments may be mailed
or delivered to the Records Office,
United States Postal Service, 475
L’Enfant Plaza SW., Room 9431,
Washington, DC 20260–2201. Copies of
all written comments will be available
at this address for public inspection and
photocopying between 8 a.m. and 4
p.m., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Jane
Eyre, Manager, Records Office, 202–
268–2608.
SUPPLEMENTARY INFORMATION: This
notice is in accordance with the Privacy
Act requirement that agencies publish
SUMMARY:
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]]>Agencies
[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12365-12368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04112]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8907; NRC-2013-0036]
License Amendment Request for United Nuclear Corporation, Church
Rock Mill--License No. SUA-1475
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to request a hearing and
to petition for leave to intervene.
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DATES: A request for a hearing or petition for leave to intervene must
be filed by April 23, 2013.
ADDRESSES: Please refer to Docket ID [NRC-2013-0036] 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 any of the following
methods:
Federal Rulemaking Web site: GO to https://www.regulations.gov and search
[[Page 12366]]
for Docket ID NRC-2013-0036. 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/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
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 is provided the first time the document is
referenced. The license amendment request is available under ADAMS
Package Accession No. ML120170452.
NRC's Public Document Room (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: Yolande Norman, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
7741; email: Yolande.Norman@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) has received a license
amendment application from United Nuclear Corporation (UNC or the
licensee), dated April 17, 2012, requesting an amendment to Source
Materials License Number SUA-1475 for the UNC Church Rock Mill site
located in New Mexico (the UNC license) [ADAMS Accession No.
ML12150A146]. On October 12, 2012, UNC submitted a three-dimensional
groundwater flow model for the UNC Church Rock Mill site and adjacent
downgradient areas [ADAMS Accession Nos. ML12305A320 and ML12305A324].
In a letter dated November 16, 2012, UNC requested that the NRC
consider the merits of this groundwater flow model in support of their
April 2012 license amendment application [ADAMS Accession No.
ML12334A292]. The requested amendment seeks to revise the NRC-approved
background threshold values for groundwater constituents in point of
compliance wells for all three hydrostratigraphic units as it pertains
to license condition 30.B of Source Materials License Number SUA-1475
and Section 5(B)(5)(a) Part 40 Appendix A of Title 10 of the Code of
Federal Regulations (10 CFR).
An NRC administrative review, documented in a letter to UNC dated
January 10, 2013, (ADAMS Accession No. ML13007A069) determined that the
application and supplemental information was acceptable to begin a
technical review. Please note that the NRC technical review of the
groundwater flow model will be narrowly focused on supplemental
information pertinent to the amendment request to revise background
concentration levels. If the NRC approves the requested amendment, the
approval will be documented in an amendment to NRC Source Materials
License Number SUA-1475. However, before approving the proposed
amendment, the NRC will need to make the findings required by the
Atomic Energy Act of 1954, as amended (the Act), and the NRC's
regulations. These findings will be documented in a Safety Evaluation
Report and an Environmental Assessment.
II. Opportunity to Request a Hearing; Petition 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 PDR, Room O1-F21, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852 (or call
the PDR at 1-800-397-4209 or 301-415-4737). The NRC's regulations are
also accessible electronically from the NRC Library on the NRC's Web
site athttps://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 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 that 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 the hearing, together with references to
the specific sources and documents on which the petitioner intends to
rely. Finally, the petition must provide sufficient information to show
that a genuine dispute exists with the applicant on a material issue of
law or fact, including references to specific portions of the
application for amendment that the petitioner disputes and the
supporting reasons for each dispute, or, if the petitioner believes
that the application for amendment fails to contain information on a
relevant matter as required by law, the identification of each failure,
and the supporting reasons for the petitioner's belief. Each contention
must be one that, if proven, would entitle the petitioner to relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
[[Page 12367]]
Requests for hearing, petitions for leave to intervene, and motions
for leave to file contentions after the deadline in 10 CFR 2.309(b)
will not be entertained absent a determination by the presiding officer
that the new or amended 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.
A State, local governmental body, Federally-recognized Indian
tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by April
23, 2013. The petition must be filed in accordance with the filing
instructions in section III of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that under 10 CFR 2.309(h)(2) a State, local
governmental body, or Federally-recognized Indian tribe, or agency
thereof does not need to address the standing requirements in 10 CFR
2.309(d) if the facility is located within its boundaries. A State,
local governmental body, Federally-recognized Indian tribe, or agency
thereof may also have the opportunity to participate in a hearing as a
nonparty under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted 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 the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
April 23, 2013.
III. 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 counselor representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html.
Participants may attempt to use other software not listed on the
Web site, but should note that the NRC's E-Filing system does not
support unlisted software, and the NRC Meta System Help Desk will not
be able to offer assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the NRC guidance
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital led certificate before a hearing request/petition
for leave to intervene is filed so that they can obtain access to the
document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at https://www.nrc.gov/site-help/e-submittals/contact-us-eie.html by
email at MSHOResource@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
[[Page 12368]]
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 the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Dated at Rockville, Maryland this 11th day of February 2013.
For the Nuclear Regulatory Commission.
Andrew Persinko,
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. 2013-04112 Filed 2-21-13; 8:45 am]
BILLING CODE 7590-01-P
