[Federal Register Volume 69, Number 132 (Monday, July 12, 2004)]
[Notices]
[Pages 41857-41859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15698]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-09022]


Notice of Consideration of Amendment Request To Decommission the 
S. C. Holdings (SCA Hartley & Hartley Landfill) Site, Kawkawlin 
Township, MI and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of a license amendment request and opportunity to 
request a hearing; notice of public meeting.

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DATES: Comment must be sent by August 11, 2004. A request for a hearing 
must be filed by September 10, 2004. Public meeting will be held on 
July 21, 2004.

FOR FURTHER INFORMATION CONTACT: David Nelson, Project Manager, 
Decommissioning Directorate, Division of Waste Management and 
Environmental Protection, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone (301) 415-6626; fax (301) 415-5398; or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of a license amendment to Source Material License No. SUC-
1565, issued to S. C. Holdings (the licensee), to authorize 
decommissioning of its Hartley & Hartley Landfill Site in Bay County, 
Michigan, and to allow termination of this license.
    On November 26, 2003, S. C. Holdings submitted the Decommissioning 
Plan (DP) for the Hartley & Hartley Landfill Site for NRC review, 
approval, and incorporation, by amendment to license, SUC-1565. An NRC 
administrative review, documented in a letter dated March 1, 2004, 
found the DP acceptable to begin a technical review.
    If the NRC approves the DP, the approval will be documented in an 
amendment to NRC License No. SUC-1565. 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 NRC's regulations. These 
findings will be documented in a Safety Evaluation Report and an 
Environmental Assessment. The license will be terminated if this 
amendment is approved following completion of decommissioning 
activities and verification by the NRC in accordance with the license 
termination rule

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(subpart E of 10 CFR part 20) and the Commission's regulations.

II. Opportunity To Provide Comments

    In accordance with 10 CFR 20.1405, the NRC is providing notice to 
individuals in the vicinity of the site that the NRC is in receipt of a 
DP, and will accept comments concerning this decommissioning proposal 
and its associated environmental impacts. Comments with respect to this 
action should be provided in writing within 30 days of this notice and 
addressed to David Nelson, Project Manager, Mail Stop: T-7F27, 
Decommissioning Directorate, Division of Waste Management and 
Environmental Protection, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-6626, fax number (301) 415-5398 or e-mail 
[email protected].
    Because of possible disruptions in the delivery of mail to United 
States Government offices, it is requested that comments mailed also be 
transmitted to the Project Manager by means of facsimile transmission 
or by e-mail. Comments received after 30 days will be considered if 
practicable to do so, but only those comments received on or before the 
due date can be assured consideration.

III. Public Meeting

    A public meeting will be held in Bay County, Michigan, to solicit 
comments from individuals in the vicinity of the site and answer any 
questions about NRC's review of the DP for the S. C. Holdings SCA 
Hartley & Hartley Landfill Site. The public meeting will be held on 
July 21, 2004, from 7 p.m. to 9:30 p.m. at the Bay County Community 
Center, 800 John F. Kennedy Drive, Bay City, Michigan, 48708.

IV. 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, 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, [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, by delivery to Waste Management, Inc., 700 56th 
Avenue, Zeeland, MI 49464, Attention: Philip M. Mazor, 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 are contained in 10 CFR 2.304 
(b), (c), (d), and (e), and must be met. However, 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), if 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 10, 2004.
    In addition to meeting other applicable requirements of 10 CFR part 
2 of the NRC's regulations, 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 documents filed by the applicant, or otherwise available to 
the petitioner. 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

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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.

V. Further Information

    Documents related to this action, including the application for 
license 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: The 
application for the license amendment and supporting documentation are 
available for inspection at NRC's Public Electronic Reading Room on the 
NRC Web site at: http://www.nrc.gov/reading-rm/adams.html. ADAMS 
Accession Nos ML033430565, ML033430567, ML033430568 and ML033430570 
contain the November 23, 2003, application for license amendment and 
the DP for the S. C. Holdings Hartley & Hartley Landfill Site, and 
ADAMS Accession No. ML040570438 contains the March 1, 2004, NRC 
acceptance review letter. Persons who do not have access to ADAMS or 
who encounter problems in accessing the documents located in ADAMS, 
should contact the NRC PDR Reference staff by telephone at (800) 397-
4209 or (301) 415-4737, or by e-mail to [email protected]. These documents 
may also be examined, and/or copied for a fee, at the NRC Public 
Document Room (PDR), located at One White Flint North, 11555 Rockville 
Pike (First Floor), Rockville, MD 20852. The PDR is open from 7:45 a.m. 
to 4:15 p.m., Monday through Friday, except on Federal holidays.

    Dated in Rockville, Maryland, this 2nd day of July 2004.
Claudia M. Craig,
Acting Deputy Director, Decommissioning Directorate, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 04-15698 Filed 7-9-04; 8:45 am]
BILLING CODE 7590-01-P