[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Notices]
[Pages 55834-55835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19313]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8838-MLA; ASLBP No. 00-776-04-MLA]


Atomic Safety and Licensing Board; in the Matter of: U.S. Army 
(Jefferson Proving Ground Site); Notice of Hearing (Application for a 
License Amendment)

September 20, 2007.
Before Administrative Judges: Alan S. Rosenthal, Chairman; Dr. Paul 
B. Abramson, Dr. Richard F. Cole.

    This Atomic Safety and Licensing Board hereby gives notice that, 
pursuant to 10 CFR Part 2, Subpart L, it will convene an evidentiary 
hearing on October 22, 2007 to receive testimony and exhibits 
concerning the adequacy of the Field Sampling Plan (FSP) in the 
application submitted by the Department of the Army (Licensee) for an 
amendment to its NRC materials license (License No. SUB-1435) for an 
alternate decommissioning schedule. See 10 CFR 40.42(g)(2).
    Between 1983 and 1994, under the auspices of that license, the 
Licensee

[[Page 55835]]

conducted accuracy testing of depleted uranium (DU) tank penetration 
rounds at its Jefferson Proving Ground site located in Madison, 
Indiana. It now seeks a license amendment that would provide an 
alternate schedule (i.e., a five-year additional period) for the 
submittal of a decommissioning plan for that site. Such a plan is 
required because there is currently amassed on the JPG site 
approximately 70,000 kilograms of DU munitions.
    This Board has found one contention presented by Save the Valley, 
Inc. (Intervenor) regarding the alternate decommissioning schedule to 
satisfy the admissibility requirements imposed by 10 CFR 2.309(f)(1). 
LBP-06-6, 63 NRC 167 183-85 (2006). That contention asserts (id. at 
183):

    As filed, the FSP is not properly designed to obtain all the 
verifiable data required for reliable dose modeling and accurate 
assessment of the effects on exposure pathways of meteorological, 
geological, hydrological, animal, and human features specific to the 
JPG site and its surrounding area.

    On December 20, 2006 and May 1, 2007, the Board rejected 
Intervenor's other contentions as inadmissable. See LBP-06-27, 64 NRC 
438 (2006); LBP-07-07, 65 NRC--(slip op.) (2007).

A. Date, Time, and Location of Evidentiary Hearing

    The evidentiary hearing in this proceeding, which will be open to 
the public,\1\ will begin on Monday, October 22, 2007 at 10:30 a.m., 
and will continue day-to-day, ending no later than Friday, October 26 
at 5 p.m., at the location specified below:
    Madison City Hall, 101 W. Main Street, Madison, IN 47250.
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    \1\ Members of the public who plan to attend the evidentiary 
hearing are advised that security measures may be employed at the 
entrance to the facility, including searches of hand-carried items 
such as briefcases, backpacks, packages, etc. In addition, signs, 
banners, posters, and displays will be prohibited because they are 
disruptive to the conduct of the adjudicatory process. See 
Procedures for Providing Security Support for NRC Public Meetings/
Hearings, 66 FR 31,719 (June 12, 2001).
    In the event that a party deems it necessary to discuss 
protected information at the hearing, that portion of the hearing 
will be closed to the public. See 10 CFR 2.390(a)(4).
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B. Submitting Written Limited Appearance Statements

    Any person not a party to the proceeding, including persons who are 
affiliated with or represented by a party, may submit to the Board at 
any time a written limited appearance statement setting forth his or 
her position on matters of concern relating to this proceeding. See 10 
CFR 2.315(a). Although these statements do not constitute testimony or 
evidence in the proceeding, they nonetheless may assist the Board and/
or the parties in their consideration of the issues. Such statements 
should be submitted to:
    Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-1101 (verification (301) 415-1966).
    E-mail: [email protected].
    In addition, using the same method of service, a copy of the 
written statement must be sent to the Chairman of this Licensing Board 
as follows:
    Mail: Administrative Judge Alan S. Rosenthal, c/o: Meg Parish, 
Esq., Law Clerk, Atomic Safety and Licensing Board Panel, Mail Stop T-3 
F23, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-5599 (verification (301) 415-6094).
    E-mail: [email protected].
    On Tuesday July 18, 2006, this Board entertained oral limited 
appearance statements from members of the public in connection with 
this proceeding. See Notice (Notice of Opportunity To Make Oral or 
Written Limited Appearance Statements), 71 FR 33,776 (June 6, 2006). 
Another such opportunity for oral statements will not be presented in 
this notice at this time.

C. Availability of Documentary Information Regarding the Proceeding

    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically from the publicly available records 
component of NRC's document system (ADAMS). ADAMS is accessible from 
the NRC Web site at http://www.nrc.gov/reading-rm/adams.html 
(Electronic Reading Room). 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].
It is so Ordered.

For the Atomic Safety and Licensing Board \2\
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    \2\ Copies of this Memorandum and Order were sent this date by 
Internet electronic mail transmission to counsel for (1) the 
Licensee, (2) the NRC Staff, and (3) Intervenor.

    Dated: Rockville, Maryland September 20, 2007.
Alan S. Rosenthal,
Chairman, Administrative Judge.
 [FR Doc. E7-19313 Filed 9-28-07; 8:45 am]
BILLING CODE 7590-01-P