[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Pages 29357-29359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7788]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-29288]


Notice of Consideration of Amendment Request for Decommissioning 
of the Pennsylvania Department of Environmental Protection, Quehanna 
Site, Karthaus, Pennsylvania and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of amendment request and opportunity to request a 
hearing.

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DATE: A request for a hearing must be filed by July 21, 2006.

FOR FURTHER INFORMATION CONTACT: James Kottan, Project Manager, 
Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 
U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406. 
Telephone: (610) 337-5214; fax number: (610) 337-5269; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering issuance of 
a license amendment to By-Product Material License No. 37-17860-02 
issued to the Pennsylvania Department of Environmental Protection (the 
licensee), to authorize decommissioning of its Quehanna Facility in 
Karthaus, Pennsylvania under revision four of the licensee's 
Decommissioning Plan (DP).
    The licensee had been decommissioning the Quehanna Site in 
accordance with the conditions described in License No. 37-17860-02, 
and in February 2005, after decommissioning activities had been 
completed, the licensee submitted the Final Status Survey Report for 
the site. In May of 2005, the NRC conducted an independent confirmatory 
survey of the Quehanna Site and determined that the facility was 
contaminated in excess of the limits specified in the NRC approved DP. 
Since that time the licensee has determined that the facility contained 
concrete with volumetric radioactive contamination that migrated to the 
surface of the concrete resulting in the failure of the site to meet 
the limits for unrestricted release as described in the NRC approved 
DP. Because the NRC approved DP release limits were based on surface 
contamination, and volumetric contamination is present at the site, the 
NRC approved DP cannot be used to release the site for unrestricted 
release. Therefore, the licensee has submitted to the NRC a revised DP 
(revision 4) incorporating the dose based criteria of 10 CFR 20, 
Subpart E, Radiological Criteria for License Termination for release of 
the site for unrestricted use. An NRC administrative review, documented 
in a letter to the Pennsylvania Department of Environmental Protection 
dated April 21, 2006, found revision 4 of 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. 37-17860-02. 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 and/or an Environmental Impact Statement. The 
license will be terminated if this amendment is approved following 
completion of decommissioning activities and verification by the NRC 
that the radiological criteria for license termination have been met.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment regarding decommissioning of the 
Quehanna Site located in Karthaus, Pennsylvania. 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.

[[Page 29358]]

    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, Pennsylvania Department of Environmental 
Protection, Bureau of Radiation Protection, Rachel Carson State Office 
Building, P.O. Box 2063, Harrisburg, PA, 17105-2063, Attention: David 
J. Allard, CHP, Director; 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 July 21, 2006.
    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 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 requester/petitioner shall file contentions based on the 
applicant's environmental report. The requester/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 requester/petitioner believes a contention raises issues 
that cannot be classified as primarily falling into one of these 
categories, the requester/petitioner must set forth the contention and 
supporting bases, in full, separately for each category into which the 
requester/petitioner asserts the contention belongs with a separate 
designation for that category.
    Requesters/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 
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

[[Page 29359]]

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.

III. 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 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:

Revision 4 of the DP: ML060790152
Inspection Report 030-29288/2005-001: ML051610344, ML051610355, 
ML051610362
Confirmatory Survey Report: ML051610610
Public Meeting Notice: ML060060065
Public Meeting Summary: ML060450407
Public Meeting Attendance List: ML060450390
Public Meeting Summary Attachments: ML060450457

    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 email to [email protected]. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR, 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 King of Prussia, Pennsylvania, this 12th day of May 
2006.

For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety 
Region I.
 [FR Doc. E6-7788 Filed 5-19-06; 8:45 am]
BILLING CODE 7590-01-P