[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12365-12368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04112]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8907; NRC-2013-0036]


License Amendment Request for United Nuclear Corporation, Church 
Rock Mill--License No. SUA-1475

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to request a hearing and 
to petition for leave to intervene.

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DATES: A request for a hearing or petition for leave to intervene must 
be filed by April 23, 2013.

ADDRESSES: Please refer to Docket ID [NRC-2013-0036] when contacting 
the NRC about the availability of information regarding this document. 
You may access information related to this document, which the NRC 
possesses and is publicly available, using any of the following 
methods:
     Federal Rulemaking Web site: GO to http://www.regulations.gov and search

[[Page 12366]]

for Docket ID NRC-2013-0036. Address questions about NRC dockets to 
Carol Gallagher; telephone: 301-492-3668; email: 
Carol.Gallagher@nrc.gov.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://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 
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 under ADAMS 
Package Accession No. ML120170452.
     NRC's Public Document Room (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: Yolande Norman, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
7741; email: Yolande.Norman@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has received a license 
amendment application from United Nuclear Corporation (UNC or the 
licensee), dated April 17, 2012, requesting an amendment to Source 
Materials License Number SUA-1475 for the UNC Church Rock Mill site 
located in New Mexico (the UNC license) [ADAMS Accession No. 
ML12150A146]. On October 12, 2012, UNC submitted a three-dimensional 
groundwater flow model for the UNC Church Rock Mill site and adjacent 
downgradient areas [ADAMS Accession Nos. ML12305A320 and ML12305A324]. 
In a letter dated November 16, 2012, UNC requested that the NRC 
consider the merits of this groundwater flow model in support of their 
April 2012 license amendment application [ADAMS Accession No. 
ML12334A292]. The requested amendment seeks to revise the NRC-approved 
background threshold values for groundwater constituents in point of 
compliance wells for all three hydrostratigraphic units as it pertains 
to license condition 30.B of Source Materials License Number SUA-1475 
and Section 5(B)(5)(a) Part 40 Appendix A of Title 10 of the Code of 
Federal Regulations (10 CFR).
    An NRC administrative review, documented in a letter to UNC dated 
January 10, 2013, (ADAMS Accession No. ML13007A069) determined that the 
application and supplemental information was acceptable to begin a 
technical review. Please note that the NRC technical review of the 
groundwater flow model will be narrowly focused on supplemental 
information pertinent to the amendment request to revise background 
concentration levels. If the NRC approves the requested amendment, the 
approval will be documented in an amendment to NRC Source Materials 
License Number SUA-1475. However, before approving the proposed 
amendment, the NRC will need to make the findings required by the 
Atomic Energy Act of 1954, as amended (the Act), 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; 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 athttp://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 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 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.

[[Page 12367]]

    Requests for hearing, petitions for leave to intervene, and motions 
for leave to file contentions after the deadline in 10 CFR 2.309(b) 
will not be entertained absent a determination by the presiding officer 
that the new or amended filing demonstrates good cause by satisfying 
the following three factors in 10 CFR 2.309(c)(1): (i) The information 
upon which the filing is based was not previously available; (ii) the 
information upon which the filing is based is materially different from 
information previously available; and (iii) the filing has been 
submitted in a timely fashion based on the availability of the 
subsequent information.
    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 April 
23, 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, except that under 10 CFR 2.309(h)(2) a State, local 
governmental body, or Federally-recognized Indian tribe, or agency 
thereof does not need to address the standing requirements in 10 CFR 
2.309(d) if the facility is located within its boundaries. 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 
April 23, 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 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 http://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 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 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 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 the NRC guidance 
available on the NRC's 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 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 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 http://www.nrc.gov/site-help/e-submittals/contact-us-eie.html by 
email at MSHOResource@nrc.gov, or by a toll-free call at 1-866-672-
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

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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 
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.

    Dated at Rockville, Maryland this 11th day of February 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. 2013-04112 Filed 2-21-13; 8:45 am]
BILLING CODE 7590-01-P