[Federal Register Volume 69, Number 52 (Wednesday, March 17, 2004)]
[Notices]
[Pages 12715-12716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-608]



[[Page 12715]]

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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.

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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: [email protected].

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.
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    \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.
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    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, [email protected]; 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 
[email protected].
    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 
[email protected].

    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