License Amendment Request for Homestake Mining Company of California, Grants Reclamation Project, Cibola County, New Mexico, 38736-38739 [2013-15414]
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38736
Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Notices
NATIONAL SCIENCE FOUNDATION
Committee Management; Notice of
Establishment
The Director of the National Science
Foundation has determined that the
establishment of the Proposal Review
Panel for International and Integrative
Activities is necessary and in the public
interest in connection with the
performance of duties imposed upon the
National Science Foundation (NSF), by
42 U.S.C. 1861 et seq. This
determination follows consultation with
the Committee Management Secretariat,
General Services Administration.
Name of Committee: Proposal Review
Panel for International and Integrative
Activities (#2469).
Purpose: The Committee will provide
advice to the National Science
Foundation (NSF) on the merit of
proposals requesting financial support
of research, and research and educationrelated activities. The Committee will
review proposals submitted to NSF
under the purview of the Office of
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(OIIA). The Committee will review and
evaluate proposals, which may include
site visits, and provide written
recommendations on proposals as part
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Responsible NSF Official: Wanda E.
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4201 Wilson Boulevard, Arlington, VA
22230. Telephone: 703/292–8040.
Dated: June 24, 2013.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2013–15384 Filed 6–26–13; 8:45 am]
BILLING CODE 7555–01–P
Dated: June 24, 2013.
Susanne Bolton,
Committee Management Officer.
NATIONAL SCIENCE FOUNDATION
[FR Doc. 2013–15383 Filed 6–26–13; 8:45 am]
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Committee Management; Renewals
BILLING CODE 7555–01–P
The National Science Foundation
(NSF) management officials having
responsibility for the advisory
committees listed below have
determined that renewing these groups
for another two years is necessary and
in the public interest in connection with
the performance of duties imposed upon
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the National Science Foundation Act, as
amended (42 U.S.C. 1862n–5), and the
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AGENCY HOLDING MEETING: National
Science Board.
DATE AND TIME: Wednesday, July 3, 2013
from 4:00–5:00 p.m.
SUBJECT MATTER: Discussion of
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STATUS: Closed.
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Ann Bushmiller,
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[FR Doc. 2013–15518 Filed 6–25–13; 4:15 pm]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0138: Docket No. 040–08903,
License No. SUA–1471]
License Amendment Request for
Homestake Mining Company of
California, Grants Reclamation Project,
Cibola County, New Mexico
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 August 26, 2013.
ADDRESSES: Please refer to Docket ID
[NRC–2013–0138] when contacting 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
for Docket ID NRC–2013–0138. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
DATES:
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(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to PDR.Resource@nrc.gov. The
ADAMS Accession Number for each
document referenced is provided the
first time the document is referenced.
The license amendment request is
available in ADAMS under Accession
No. ML131070607.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John
Buckley, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6607, email: John.Buckley@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated
April 4, 2013, an update to the
Homestake Mining Company of
California’s (Homestake’s or Licensee’s)
Decommissioning and Reclamation Plan
(DRP) for the Grants Reclamation Project
located in Cibola, County, New Mexico.
Upon NRC review and approval, the
updated DRP will replace the previously
approved reclamation plan referenced
in License Condition 36 for NRC
License SUA–1471. The updated DRP
can be found in ADAMS under
Accession Number ML131070607.
Documents related to the application
can be found in ADAMS under Docket
Number 04008903.
An NRC administrative completeness
review found the application acceptable
for a technical review (ADAMS
Accession No. ML13129A173). Prior to
approving the updated DRP, the NRC
will need to make the findings required
by the Atomic Energy Act of 1954 as
amended (the Act), and NRC’s
regulations. The NRC’s findings will be
documented in a safety evaluation
report and an environmental
assessment. The environmental
assessment will be the subject of a
subsequent notice in the Federal
Register.
II. Opportunity to Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this Federal Register
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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 at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
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
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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.
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 August 26, 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
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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 August 26, 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 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.
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Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html.
Participants may attempt to use other
software not listed on the Web site, but
should note that the NRC’s E-Filing
system does not support unlisted
software, and the NRC Meta System
Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with the NRC
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/e-submittals.html. A filing is
considered complete at the time the
documents are submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
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
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that they can obtain access to the
document via the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC’s Web site at
https://www.nrc.gov/site-help/esubmittals/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 8:00 a.m. and 8:00 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in 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
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Federal Register / Vol. 78, No. 124 / Thursday, June 27, 2013 / Notices
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 20th day
of June 2013.
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. 2013–15414 Filed 6–26–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0299]
Standard Format and Content for PostShutdown Decommissioning Activities
Report
Nuclear Regulatory
Commission.
ACTION: Regulatory guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Revision 1
of Regulatory Guide (RG) 1.185,
‘‘Standard Format and Content for Postshutdown Decommissioning Activities
Report.’’ This guide describes a method
that the NRC staff considers acceptable
for use in complying with the
Commission’s requirements regarding
the submission of a post-shutdown
decommissioning activities report
(PSDAR).
SUMMARY:
Please refer to Docket ID
NRC–2012–0299 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 publically available,
using the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0299. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• 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
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ADDRESSES:
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Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced. Revision 1 of
Regulatory Guide 1.185 is available in
ADAMS under Accession No.
ML13140A038. The regulatory analysis
may be found in ADAMS under
Accession No. ML13140A039.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT:
James Shepherd, Office of Federal and
State Materials and Environmental
Management Programs, telephone: 301–
415–6712, email:
James.Shepherd@nrc.gov or Edward
O’Donnell, Office of Nuclear Regulatory
Research, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–251–7455, email:
Edward.Odonnell@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is issuing a revision to an
existing guide in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
The NRC issued Revision 1 of RG
1.185 with a temporary identification as
Draft Regulatory Guide, DG–1272, in the
Federal Register on December 19, 2012
(77 FR 75198), for a 60-day public
comment period. The public comment
period closed on February 19, 2013, and
the NRC did not receive any comments.
This revision updates RG 1.185 to
reflect lessons learned since its original
issuance in 2000. It identifies the type
of information that the PSDAR must
contain and establishes a standard
format for the PSDAR that the NRC staff
considers acceptable. The PSDAR is
required of nuclear power plant
licensees before or within two years of
permanent cessation of operations. The
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38739
report must include a description of the
licensee’s planned decommissioning
activities, a schedule for the
accomplishment of significant
milestones, an estimate of expected
costs, and a discussion of the licensee’s
evaluation of the environmental impacts
associated with site-specific
decommissioning activities.
Revision 1 of RG 1.185 represents the
NRC staff’s current guidance for future
users and applications. Earlier versions
of this regulatory guide, however,
continue to be acceptable for those
licensees whose licensing basis includes
earlier versions of this regulatory guide,
absent a licensee-initiated change to its
licensing basis. Additional information
on the NRC staff’s use of this revised
regulatory guide with respect to both
current and future users and
applications is set forth in the
‘‘Implementation’’ section of the revised
regulatory guide.
II. Congressional Review Act
This regulatory guide is a rule as
defined in the Congressional Review
Act (5 U.S.C. 801–808). However, the
Office of Management and Budget has
not found it to be a major rule as
defined in the Congressional Review
Act.
III. Backfitting and Issue Finality
Issuance of this final regulatory guide
does not constitute backfitting as
defined in 10 CFR 50.109 (the Backfit
Rule) and is not otherwise inconsistent
with the issue finality provisions in 10
CFR part 52. As discussed in the
‘‘Implementation’’ section of this
regulatory guide, the NRC has no
current intention to impose this
regulatory guide on holders of current
operating licenses or combined licenses.
Dated at Rockville, Maryland, this 19th day
of June, 2013.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. 2013–15426 Filed 6–26–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0109]
Special Nuclear Material Control and
Accounting Systems for Nuclear
Power Plants
Nuclear Regulatory
Commission.
ACTION: Regulatory guide; issuance.
AGENCY:
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Agencies
[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38736-38739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15414]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0138: Docket No. 040-08903, License No. SUA-1471]
License Amendment Request for Homestake Mining Company of
California, Grants Reclamation Project, Cibola County, New Mexico
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 August 26, 2013.
ADDRESSES: Please refer to Docket ID [NRC-2013-0138] when contacting
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 for Docket ID NRC-2013-0138. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
[[Page 38737]]
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to PDR.Resource@nrc.gov. The ADAMS Accession Number
for each document referenced is provided the first time the document is
referenced. The license amendment request is available in ADAMS under
Accession No. ML131070607.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John Buckley, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
6607, email: John.Buckley@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated April 4, 2013, an update to
the Homestake Mining Company of California's (Homestake's or
Licensee's) Decommissioning and Reclamation Plan (DRP) for the Grants
Reclamation Project located in Cibola, County, New Mexico. Upon NRC
review and approval, the updated DRP will replace the previously
approved reclamation plan referenced in License Condition 36 for NRC
License SUA-1471. The updated DRP can be found in ADAMS under Accession
Number ML131070607. Documents related to the application can be found
in ADAMS under Docket Number 04008903.
An NRC administrative completeness review found the application
acceptable for a technical review (ADAMS Accession No. ML13129A173).
Prior to approving the updated DRP, the NRC will need to make the
findings required by the Atomic Energy Act of 1954 as amended (the
Act), and NRC's regulations. The NRC's findings will be documented in a
safety evaluation report and an environmental assessment. The
environmental assessment will be the subject of a subsequent notice in
the Federal Register.
II. Opportunity to Request a Hearing and 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 at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
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.
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
August 26, 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
[[Page 38738]]
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
August 26, 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 8:00 a.m. and
8:00 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in 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
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constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 20th day of June 2013.
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. 2013-15414 Filed 6-26-13; 8:45 am]
BILLING CODE 7590-01-P