[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57600-57602]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19951]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 070-00371 (Retired and Terminated)]
Notice of Consideration of Approval and Acceptance of the
Decommissioning Plan for the Formerly Licensed United Nuclear
Corporation--Naval Products Division New Haven, CT, License No. Snm-368
(Retired and Terminated) and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
[[Page 57601]]
ACTION: Notice of receipt of a decommissioning plan and opportunity to
request a hearing.
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DATES: A request for a hearing must be filed by October 10, 2007.
FOR FURTHER INFORMATION CONTACT: Laurie Kauffman, Project Manager,
Decommissioning Branch, Division of Nuclear Materials Safety, Region I,
U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406.
Telephone: (610) 337-5323; fax number: (610) 337-5269; or e-mail:
lap@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering approval of
a Decommissioning Plan (DP) for Special Nuclear Materials License
Number SNM-368 (Terminated). This license was held by United Nuclear
Corporation--Naval Products (UNC) (the former licensee) for its
facilities located in New Haven and Montville, Connecticut.
In 1974, UNC closed the New Haven facility and transferred the
radioactive materials inventory to the Montville site. The New Haven
site was decontaminated and decommissioned from 1973 through 1976, and
final radiological surveys were completed in 1976. The license was
amended to remove the New Haven facility on April 22, 1976, and the
site was released for unrestricted use in accordance with the existing
regulations and guidance. Following the subsequent decontamination and
decommissioning of the Montville site, the SNM-368 license was
terminated on June 8, 1994.
In the early 1990s, the NRC initiated a program to ensure that past
licenses had been terminated in accordance with the NRC's current
release criteria for unrestricted use and contracted with the Oak Ridge
National Laboratory (ORNL) to perform the review. During the review,
ORNL identified that the New Haven facility did not have sufficient
documentation to verify that the facility had been properly
decontaminated prior to release. The NRC and Oak Ridge Institute for
Science and Education (ORISE) conducted radiological surveys of the
site in 1996 and determined that uranium contaminated soil remained at
the New Haven facility with contamination levels which exceeded the 30
picoCuries/gram in soil or sediment limit established in the 1981
Branch Technical Position for ``Disposal or Onsite Storage of Thorium
or Uranium Wastes from Past Operations.''
The former licensee conducted additional characterization
activities and resolved funding issues to allow for completion of the
facility remediation and submitted a DP to the NRC by a letter dated
June 7, 2005. UNC submitted its Final Status Survey Plan (FSSP) to
supplement the DP on October 4, 2006. Before approving the proposed DP,
the NRC needs to make the findings required by the Atomic Energy Act of
1954, as amended, and NRC's regulations. These findings will be
documented in an Environmental Assessment in accordance with the
requirements of Title 10, Code of Federal Regulations (CFR), Part 51
(10 CFR Part 51).
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
action regarding decommissioning of the United Nuclear Corporation--
Naval Products site for its facilities located in New Haven,
Connecticut. In accordance with the general requirements in Subpart C
of 10 CFR Part 2, as amended on January 14, 2004 (69 FR 2182), 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.
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. United Nuclear Corporation--Naval Products, 20 Research Parkway,
Unit E, Old Saybrook, CT 06475, Attention: Robert Bonito, General
Manager of Operations; 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.
In accordance with 10 CFR 2.309 (b), a request for a hearing must
be filed by December 10, 2007.
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 requester;
2. The nature of the requester's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requester'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 requester'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;
[[Page 57602]]
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 requester's/petitioner's position on the
issue and on which the requester/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 requester/petitioner disputes and the supporting
reasons for each dispute, or, if the requester/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 requester'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 requester/petitioner shall file contentions based on the
applicant's environmental report. The requester/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 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 requester/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requester/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requester/petitioner asserts the contention belongs with a separate
designation for that category.
Requesters/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
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309 (f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/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 requester/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
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are:
Radiological Characterization of the former UNC Manufacturing
Facility, New Haven, CT, dated May 31, 2005 (ML051780083 and
ML051780088)
Decommissioning Plan, Revision 1, dated July 7, 2005 (ML051780091)
Final Status Survey Plan, dated October 4, 2006 (ML062910318)
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at King of Prussia, Pennsylvania, this 2nd day of October
2007.
For the Nuclear Regulatory Commission.
Raymond Lorson,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E7-19951 Filed 10-9-07; 8:45 am]
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