License Amendment Request for United Nuclear Corporation, Church Rock Mill-License No. SUA-1475, 12365-12368 [2013-04112]

Download as PDF Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices Estimated Total Burden Hours: 82 Total Burden Cost (capital/startup): $0. 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 sroberts on DSK5SPTVN1PROD with NOTICES DATE AND TIME: VerDate Mar<15>2010 16:18 Feb 21, 2013 Jkt 229001 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 Frm 00076 Fmt 4703 Sfmt 4703 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 http://www.nrc.gov/reading-rm/ adams.html. In addition, the application is available at http://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 http://www.regulations.gov and search DATES: E:\FR\FM\22FEN1.SGM 22FEN1 12366 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 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 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: sroberts on DSK5SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:18 Feb 21, 2013 Jkt 229001 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 athttp:// 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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. E:\FR\FM\22FEN1.SGM 22FEN1 sroberts on DSK5SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 16:18 Feb 21, 2013 Jkt 229001 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 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. 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 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 12367 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 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 http:// 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 E:\FR\FM\22FEN1.SGM 22FEN1 12368 Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices 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 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. 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 sroberts on DSK5SPTVN1PROD with NOTICES [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: VerDate Mar<15>2010 16:18 Feb 21, 2013 Jkt 229001 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 http:// 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). PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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 (http:// 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] BILLING CODE 7710–FW–P 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: E:\FR\FM\22FEN1.SGM 22FEN1

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 http://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 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 
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 athttp://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 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 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 http://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 
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.

    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