License Amendment Request for Homestake Mining Company of California, Grants Reclamation Project, Cibola County, New Mexico, 64553-64555 [2013-25422]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 78, Number 209 (Tuesday, October 29, 2013)]
[Notices]
[Pages 64553-64555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25422]


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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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SUMMARY: The U. S. Nuclear Regulatory Commission (NRC) has received, by 
letter dated September 23, 2013, a request to amend Homestake Mining 
Company of California's (HMC's or Licensee's) license to change the 
background monitoring location used to measure radon-222 concentrations 
in air.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by December 30, 2013.

ADDRESSES: Please refer to Docket ID NRC-2013-0138 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by 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: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual 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/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 
Package Accession No. ML13281A790.
     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, telephone: 301-
415-6607; email: john.buckley@nrc.gov, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC has received, by letter dated September 23, 2013, a request 
to amend Homestake Mining Company of California's (HMC's or Licensee's) 
license to change the background monitoring location used to measure 
radon-222 concentrations in air. Specifically, HMC is requesting to 
amend Table 1--Environmental Monitoring Program Excluding Groundwater 
Monitoring, referenced in License Condition 10 (LC10) to reflect the 
replacement of HMC-16 with HMC-1Off as the background location for 
radon-22 monitoring. Upon NRC's review and approval, Table 1--
Environmental Monitoring Program Excluding Groundwater Monitoring, will 
be revised by replacing radon monitoring location HMC-16 with new 
location HMC-1Off. HMC's evaluation of background monitoring locations 
titled, ``Basis for Selection of a Representative Background Monitoring 
Location for the Homestake Uranium Mill Site, SUA-1471'' dated 
September 2013, can be found in ADAMS under Accession No. ML13281A790.
    HMC-16 was identified in Table 1 as the background radon-222 
monitoring location in HMC's license amendment request dated September 
2, 1993 (ADAMS Accession No. ML13274A418). Amendment No. 16, 
incorporating Table 1, was approved on September 23, 1993. Additional 
documents related to the license amendment application can be found in 
ADAMS under Docket No. 04008903.
    An NRC administrative completeness review found the application 
acceptable for a technical review (ADAMS Accession No. ML13274A290). 
Prior to approving the amendment request, 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.

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 at https://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

[[Page 64554]]

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's 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.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the following three 
factors in 10 CFR 2.309(c)(1)(i)-(iii).
    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 
December 30, 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. 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 
December 30, 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's 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's 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

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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 to 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 constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.

    Dated at Rockville, Maryland, this 17th day of October 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. 2013-25422 Filed 10-28-13; 8:45 am]
BILLING CODE 7590-01-P