[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Pages 26322-26324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11113]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-02278; NRC-2011-0086]
Curators of the University of Missouri, Columbia, MO, Pickard
Hall; License Amendment Request, Opportunity To Provide Comments,
Request a Hearing and To Petition for Leave To Intervene
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment and opportunity to provide comments,
request a hearing, and to petition for leave to intervene.
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DATES: Submit comments by July 5, 2011. Requests for a hearing or leave
to intervene must be filed by July 5, 2011.
ADDRESSES: Please include Docket ID NRC-2011-0086 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site, http://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed. You may submit comments by any one of the following
methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0086. Address questions about NRC dockets to Carol Gallagher,
telephone: 301-492-3668; e-mail: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of NRC's public documents. If you
do not have access to ADAMS or if there are problems in accessing the
documents located in ADAMS, contact the NRC's PDR reference staff at 1-
800-397-4209, 301-415-4737, or by e-mail to [email protected]. The
Request for Pickard Hall Alternate Decommissioning Schedule is
available electronically under ADAMS Accession Number ML110540477.
Federal Rulemaking Web site: Public comments and
supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2011-0086.
FOR FURTHER INFORMATION CONTACT: Katie Streit, Project Manager,
Materials Control, ISFSI, and Decommissioning Branch, Division of
Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory
Commission, Lisle, IL 60532. Telephone: 630-829-9621; fax number: 630-
515-1259; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) has received, by letter
dated February 17, 2011, a license amendment application from the
Curators of the University of Missouri (licensee) requesting an
alternate schedule for decommissioning of Pickard Hall located at the
University of Missouri campus in Columbia, Missouri. (ADAMS Accession
Number ML110540477) Specifically, the amendment would authorize an
alternative schedule for submission of a decommissioning plan pursuant
to 10 Code of Federal Regulations (CFR) Part 30.36 (g)(2), to allow for
delay in beginning decommissioning due to the educational, cultural,
and historical value of the facility.
An NRC administrative review, documented in a letter to Curators of
the University of Missouri dated March 21, 2011, found the application
acceptable to begin a technical review. (ADAMS Accession Number
ML11081A022) If the NRC approves the request, the approval will be
documented in an amendment to NRC License No.24-00513-32. 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
NRC's regulations. These findings will be documented in a Safety
Evaluation Report and an Environmental Assessment.
II. Opportunity To Request a Hearing
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 Part 2, section 2.309, which is available
at the NRC's Public Document Room (PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at 800-397-4209 or 301-415-4737). NRC regulations are also accessible
online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html.
III. Petitions for Leave To Intervene
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 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
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alleged facts or expert opinions which support the position of the
petitioner and on which the petitioner intends to rely at 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.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Atomic Safety and
Licensing Board or a Presiding Officer that the petition should be
granted and/or the contentions should be admitted based upon a
balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). 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 July
5, 2011. The petition must be filed in accordance with the filing
instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally recognized Indian tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission 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 such limits and
conditions as may be imposed by the Atomic Safety and Licensing Board.
Persons desiring to make a limited appearance are requested to inform
the Secretary of the Commission by July 5, 2011.
IV. 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
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at 301-415-1677, to request (1)
a digital 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 counsel or 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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://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 EIE, users will be required to install a Web
browser plug-in from the NRC 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 http://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 NRC guidance
available on the NRC public Web site at http://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 e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC 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 ID certificate before a hearing request/petition
to intervene is filed so that they
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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 Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at 866-672-7640. The NRC
Meta System Help Desk is available between 8 a.m. and 8 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
NRC's electronic hearing docket which is available to the public at
http://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.
Petitions for leave to intervene must be filed no later than 60
days from May 6, 2011. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the contentions should be admitted, based
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
Dated at Lisle, Illinois, this 13th day of April 2011.
For the Nuclear Regulatory Commission.
Christine Lipa,
Chief, Materials Control, ISFSI, and Decommissioning Branch, Division
of Nuclear Materials Safety, Region III.
[FR Doc. 2011-11113 Filed 5-5-11; 8:45 am]
BILLING CODE 7590-01-P