[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12715-12716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E4-608]
[[Page 12715]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8027]
Notice of Receipt of License Amendment Request From Sequoyah
Fuels Corporation, Gore, Oklahoma, and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of consideration of license amendment and opportunity to
request a hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by May 17, 2004.
FOR FURTHER INFORMATION CONTACT: Myron Fliegel, Fuel Cycle Facilities
Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. Telephone: (301) 415-6629; fax: (301) 415-
5955; and/or by e-mail: mhf1@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) has received, by
letter dated January 7, 2004 (ML040150463), a request from Sequoyah
Fuels Corporation (SFC) for approval of a license amendment to
Materials License SUB-1010 to authorize a proposed raffinate dewatering
project.
The SFC facility, located near Gore, Oklahoma, operated from 1970
to 1993, converting uranium oxide (yellowcake) to uranium hexafluoride,
a step in the production of nuclear reactor fuel. From 1987 to 1993,
the facility was also used to convert depleted uranium hexafluoride to
uranium tetrafluoride. The facility is currently licensed only to
possess radioactive material. Originally, the license only permitted
possession of source material. However, in a Staff Requirements
Memorandum to SECY-02-0095, dated July 25, 2002, the Commission
concluded that some of the waste at the SFC site could properly be
classified as byproduct material as defined in section 11e.(2) of the
Atomic Energy Act of 1954 as amended (AEA).
The SFC facility is an inactive uranium fuel cycle facility. SFC
proposed, in a previous request to NRC, to clean up the site by
constructing a disposal cell on the site and putting all the
contaminated site material in the cell. Among the material that would
be disposed of in the cell is raffinate sludge, which was produced as a
waste product during operation of the facility. The raffinate sludge is
currently stored onsite in three lined ponds, which contain about
1,000,000 cubic feet of sludge containing 15 to 20 percent solids. The
sludge must be dewatered before it can be properly disposed of in the
cell.
SFC has proposed to dewater the raffinate sludge using a
pressurized filter press system, which will increase the solids content
to approximately 45 to 50 percent and reduce the volume to
approximately 485,000 cubic feet. The dewatered raffinate sludge will
be put into polypropylene bags and stored onsite prior to disposal in
the cell. Each bag will be approximately three feet by three feet by
four feet and hold approximately 2000 pounds of dewatered sludge.
Temporary storage cells will be built on an existing concrete pad. Each
storage cell will be approximately 30 feet wide by 150 long and will
hold an estimated 1460 bags of dewatered sludge. The cells will be
lined and covered to prevent dispersal of any sludge that leaks from
the bags.
The NRC staff will review SFC's request to authorize the raffinate
dewatering project using NUREG-1620 Rev. 1, ``Standard Review Plan for
the Review of a Reclamation Plan for Mill Tailings Sites Under Title II
of the Uranium Mill Tailings Radiation Control Act of 1978'' and other
applicable agency regulations and guidance. If the NRC approves SFC's
request, the approval will be documented in an amendment to SFC's
license. However, before approving the request, NRC will need to make
the findings required by the AEA and NRC regulations. These findings
will be documented in a Technical Evaluation Report and an
Environmental Assessment.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a license amendment. In accordance with the general
requirements in subpart C of 10 CFR part 2,\1\ ``Rules of General
Applicability; Hearing Requests, Petitions to Intervene, Availability
of Documents, Selection of Specific Hearing Procedures, Presiding
Officer Powers, and General Hearing Management for NRC Adjudicatory
Hearings,'' any person whose interest may be affected by this
proceeding and who desires to participate as a party must file a
written request for a hearing and a specification of the contentions
which the person seeks to have litigated in the hearing.
---------------------------------------------------------------------------
\1\ The references to 10 CFR part 2 in this notice refer to the
amendments to the NRC rules of practice, 69 FR 2182 (January 14,
2004), codified at 10 CFR part 2.
---------------------------------------------------------------------------
In accordance with 10 CFR 2.302(a), a request for a hearing must be
filed with the Commission either by:
1. First class mail addressed to: Office of the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications;
2. Courier, express mail, and expedited delivery services: Office
of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and
Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal workdays;
3. E-mail addressed to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, hearingdocket@nrc.gov; or
4. By facsimile transmission addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC,
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101;
verification number is (301) 415-1966.
In accordance with 10 CFR 2.302(b), all documents offered for
filing must be accompanied by proof of service on all parties to the
proceeding or their attorneys of record as required by law or by rule
or order of the Commission, including:
1. The applicant, Sequoyah Fuels Corporation, P.O. Box 610, Gore,
Oklahoma, Attention: Mr. John Ellis; and
2. The NRC staff, by delivery to the Office of the General Counsel,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by
mail addressed to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Hearing requests
should also be transmitted to the Office of the General Counsel, either
by means of facsimile transmission to (301) 415-3725, or by e-mail to
ogcmailcenter@nrc.gov.
The formal requirements for documents contained in 10 CFR 2.304
(b), (c), (d), and (e), must be met. In accordance with 10 CFR
2.304(f), a document filed by electronic mail or facsimile transmission
need not comply with the formal requirements of 10 CFR 2.304 (b), (c),
and (d), as long as an original and two (2) copies otherwise complying
with all of the requirements of 10 CFR 2.304 (b), (c), and (d) are
mailed within two (2) days thereafter to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff.
[[Page 12716]]
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by May 17, 2004.
In addition to meeting other applicable requirements of 10 CFR
2.309, the general requirements involving a request for a hearing filed
by a person other than an applicant must state:
1. The name, address, and telephone number of the requestor;
2. The nature of the requestor's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requestor's property, financial or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requestor's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309 (f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requestor's/petitioner's position on the
issue and on which the requestor/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application (including the applicant's environmental report and safety
report) that the requestor/petitioner disputes and the supporting
reasons for each dispute, or, if the requestor/petitioner believes the
application fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's/petitioner's belief.
In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the petition is to be filed, such as the application, supporting safety
analysis report, environmental report or other supporting document
filed by an applicant or licensee, or otherwise available to the
petitioner. On issues arising under the National Environmental Policy
Act, the requestor/petitioner shall file contentions based on the
applicant's environmental report. The requestor/petitioner may amend
those contentions or file new contentions if there are data or
conclusions in the NRC draft, or final environmental impact statement,
environmental assessment, or any supplements relating thereto, that
differ significantly from the data or conclusions in the applicant's
documents. Otherwise, contentions may be amended or new contentions
filed after the initial filing only with leave of the presiding
officer.
Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Safety Evaluation Report for the
proposed action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
5. Miscellaneous--does not fall into one of the categories outlined
above.
If the requestor/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requestor/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requestor/petitioner asserts the contention belongs with a separate
designation for that category.
Requestors/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requestors/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309(f)(3), any requestor/petitioner that
wishes to adopt a contention proposed by another requestor/petitioner
must do so in writing within ten days of the date the contention is
filed, and designate a representative who shall have the authority to
act for the requestor/petitioner.
In accordance with 10 CFR 2.309(g), a request for hearing and/or
petition for leave to intervene may also address the selection of the
hearing procedures, taking into account the provisions of 10 CFR 2.310.
III. Further Information
In accordance with 10 CFR 2.390 of the NRC's ``Rules of Practice,''
details with respect to this action, including the application for
amendment and supporting documentation, are available electronically
for public inspection and copying from the Publicly Available Records
(PARS) component of NRC's document system (ADAMS). ADAMS is accessible
from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. The
relevant documents can be found in ADAMS at ML040150463. These
documents may also be viewed electronically on the public computers
located at the NRC's Public Document Room (PDR), O 1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy documents for a fee. Persons who do
not have access to ADAMS, should contact the NRC PDR Reference staff by
telephone at 1-800-397-4209 or (301) 415-4737, or by e-mail to
pdr@nrc.gov.
Dated in Rockville, Maryland, this 10th day of March, 2004.
For the Nuclear Regulatory Commission.
Myron Fliegel,
Project Manager, Fuel Cycle Facilities Branch, Division of Fuel Cycle
Safety and Safeguards, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E4-608 Filed 3-16-04; 8:45 am]
BILLING CODE 7590-01-P