[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 31994-31996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15790]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-36; NRC-2009-0278]
Notice of License Amendment Request of Westinghouse Electric
Company LLC for Hematite Decommissioning Project, Festus, MO and
Opportunity To Request a Hearing
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of license amendment request and opportunity to request
a hearing.
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DATES: A request for a hearing must be filed by September 4, 2009.
FOR FURTHER INFORMATION CONTACT: John J. Hayes, Project Manager,
Materials Decommissioning Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Two White Flint North, Mail Stop T8F5, 11545 Rockville Pike, Rockville,
Maryland 20852-2738 Telephone: (301) 415-5928; fax number: (301) 415-
5928; e-mail: john.hayes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated May 21, 2009, the U.S. Nuclear Regulatory
Commission (NRC) received a license amendment application from
Westinghouse Electric Company LLC (WEC or the licensee), pertaining to
its planned disposal of NRC-licensed source, byproduct and special
nuclear material. Regarding this material, WEC seeks approval, pursuant
to 10 CFR 20.2002, of proposed disposal procedures which are not
otherwise authorized by NRC regulations. WEC holds NRC License No. SNM-
00033, which authorizes the licensee to conduct decommissioning
activities at its former fuel cycle facility located in Festus,
Missouri. The amendment request seeks authorization allowing WEC to
transfer decommissioning waste to U.S. Ecology Idaho, Inc., a Resource
Conservation and Recovery Act (RCRA) Subtitle C disposal facility
located near Grand View, Idaho. This facility is regulated by the Idaho
Department of Environmental Quality, and is not an NRC-licensed
facility. Pursuant to 10 CFR 30.11 and 70.17, WEC's application also
requested exemptions from the licensing requirements of 10 CFR 30.3 and
70.3 for the byproduct and special nuclear material it seeks to
transfer. These exemptions are necessary because the disposal of
byproduct and special nuclear material must occur at a facility
licensed to possess such material, and the U.S. Ecology Idaho facility
has no NRC license.
An NRC administrative review, documented in a letter to
Westinghouse dated June 19, 2009, found the alternate disposal
application acceptable to begin a technical review. If the NRC approves
the Westinghouse request, the approval will be documented in an
amendment to NRC License No. SNM-00033. However, before approving the
proposed amendment, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended, and the National
Environmental Policy Act. These findings will be documented,
respectively, in a Safety Evaluation Report (SER), and in a separate
environmental assessment performed by the NRC.
III. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a license amendment as described above. 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.
[[Page 31995]]
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, Maryland 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, Westinghouse Electric Company, LLC, 4350 Northern
Pike, Monroeville, Pennsylvania 15146-2886, Attention: Michele M.
Gutman, 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 September 4, 2009.
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;
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 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, or other
supporting document filed by the licensee, or otherwise available to
the petitioner. The requester/petitioner may amend its contentions or
file new contentions if there are data or conclusions in the NRC's SER
or environmental analysis that differ significantly from the data or
conclusions in the licensee's documents. Otherwise, contentions may be
amended or new contentions filed after the initial filing only with
leave of the presiding officer.
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 10 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.
IV. 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
Documents 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: Request for Alternate
Disposal Approval and Exemption for Specific Hematite Project Waste (ML
090180071); and Review Acceptance Letter to Westinghouse on 20.2002
Alternate Disposal Request for Hematite (ML091690253). 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.resource@nrc.gov.
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, Maryland 20852. The
PDR reproduction
[[Page 31996]]
contractor will copy documents for a fee.
Dated at Rockville, Maryland, this 26th day of June 2009.
For the Nuclear Regulatory Commission.
Rebecca Tadesse,
Chief, Materials Decommissioning Branch, 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. E9-15790 Filed 7-2-09; 8:45 am]
BILLING CODE 7590-01-P