[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Notices]
[Pages 36964-36966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3319]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-08838]


Notice of Consideration of Amendment Request for an Alternate 
Decommissioning Schedule for the Department of the Army, U.S. Army 
Garrison, Rock Island Arsenal, Rock Island, IL, and Opportunity To 
Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment, opportunity to request a hearing, 
and solicitation of public comments.

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DATES: A request for a hearing must be filed by August 26, 2005.

FOR FURTHER INFORMATION CONTACT: Tom McLaughlin, 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) 415-5869; fax number: (301) 415-5398; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering issuance of 
a license amendment to the Department of the Army (Army as the 
licensee) to amend its License No. SUB-1435 to authorize an alternate 
decommissioning schedule pursuant to 10 CFR 40.42(g)(2) for its 
facility at Jefferson Proving Ground, Madison, Indiana.
    License No. SUB-1435 authorizes the licensee to possess depleted 
uranium in the ``impact area'' of Jefferson Proving Ground. The license 
amendment request

[[Page 36965]]

for an alternate decommissioning schedule was submitted by the licensee 
on May 25, 2005. An NRC administrative review, documented in a letter 
to the U.S. Army Garrison at Rock Island Arsenal on June 15, 2005, 
found the license amendment request acceptable to begin a technical 
review.
    If the NRC approves the license amendment request, the 
authorization for an alternate decommissioning schedule will be 
documented in an amendment to NRC License No. SUB-1435. 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.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment to License No. SUB-1435 to request 
an alternate decommissioning schedule. 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 work 
days;
    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, U.S. Army Garrison, 1 Rock Island Arsenal, Rock 
Island Illinois, 61299, Attention: Alan G. Wilson, Garrison Manager; 
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 email 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.
    In accordance with 10 CFR 2.309 (b), a request for a hearing must 
be filed by August 26, 2005.
    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 (including the applicant's environmental report and safety 
report) 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 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. 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 has received a 
license amendment request from the Army. The NRC will accept comments 
concerning this amendment request. Comments with respect to this action 
should be provided in writing within 30 days of this notice and 
addressed to Mr. Tom McLaughlin, U.S. NRC, Washington, DC 20555-0001. 
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.

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 Agency wide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession

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number for the document related to this notice is ML051520319. 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 
[email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, located in O-1 F21, One White Flint 
North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 15th day of June, 2005.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Division of Waste Management and Environment, Office 
of Nuclear Material Safety and Safeguards.
[FR Doc. E5-3319 Filed 6-24-05; 8:45 am]
BILLING CODE 7590-01-P