[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57600-57602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19951]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 070-00371 (Retired and Terminated)]


Notice of Consideration of Approval and Acceptance of the 
Decommissioning Plan for the Formerly Licensed United Nuclear 
Corporation--Naval Products Division New Haven, CT, License No. Snm-368 
(Retired and Terminated) and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

[[Page 57601]]


ACTION: Notice of receipt of a decommissioning plan and opportunity to 
request a hearing.

-----------------------------------------------------------------------

DATES: A request for a hearing must be filed by October 10, 2007.

FOR FURTHER INFORMATION CONTACT: Laurie Kauffman, Project Manager, 
Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 
U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406. 
Telephone: (610) 337-5323; fax number: (610) 337-5269; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering approval of 
a Decommissioning Plan (DP) for Special Nuclear Materials License 
Number SNM-368 (Terminated). This license was held by United Nuclear 
Corporation--Naval Products (UNC) (the former licensee) for its 
facilities located in New Haven and Montville, Connecticut.
    In 1974, UNC closed the New Haven facility and transferred the 
radioactive materials inventory to the Montville site. The New Haven 
site was decontaminated and decommissioned from 1973 through 1976, and 
final radiological surveys were completed in 1976. The license was 
amended to remove the New Haven facility on April 22, 1976, and the 
site was released for unrestricted use in accordance with the existing 
regulations and guidance. Following the subsequent decontamination and 
decommissioning of the Montville site, the SNM-368 license was 
terminated on June 8, 1994.
    In the early 1990s, the NRC initiated a program to ensure that past 
licenses had been terminated in accordance with the NRC's current 
release criteria for unrestricted use and contracted with the Oak Ridge 
National Laboratory (ORNL) to perform the review. During the review, 
ORNL identified that the New Haven facility did not have sufficient 
documentation to verify that the facility had been properly 
decontaminated prior to release. The NRC and Oak Ridge Institute for 
Science and Education (ORISE) conducted radiological surveys of the 
site in 1996 and determined that uranium contaminated soil remained at 
the New Haven facility with contamination levels which exceeded the 30 
picoCuries/gram in soil or sediment limit established in the 1981 
Branch Technical Position for ``Disposal or Onsite Storage of Thorium 
or Uranium Wastes from Past Operations.''
    The former licensee conducted additional characterization 
activities and resolved funding issues to allow for completion of the 
facility remediation and submitted a DP to the NRC by a letter dated 
June 7, 2005. UNC submitted its Final Status Survey Plan (FSSP) to 
supplement the DP on October 4, 2006. Before approving the proposed DP, 
the NRC needs to make the findings required by the Atomic Energy Act of 
1954, as amended, and NRC's regulations. These findings will be 
documented in an Environmental Assessment in accordance with the 
requirements of Title 10, Code of Federal Regulations (CFR), Part 51 
(10 CFR Part 51).

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
action regarding decommissioning of the United Nuclear Corporation--
Naval Products site for its facilities located in New Haven, 
Connecticut. 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. United Nuclear Corporation--Naval Products, 20 Research Parkway, 
Unit E, Old Saybrook, CT 06475, Attention: Robert Bonito, General 
Manager of Operations; 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.
    In accordance with 10 CFR 2.309 (b), a request for a hearing must 
be filed by December 10, 2007.
    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;

[[Page 57602]]

    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 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 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:

Radiological Characterization of the former UNC Manufacturing 
Facility, New Haven, CT, dated May 31, 2005 (ML051780083 and 
ML051780088)
Decommissioning Plan, Revision 1, dated July 7, 2005 (ML051780091)
Final Status Survey Plan, dated October 4, 2006 (ML062910318)

    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, 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 2nd day of October 
2007.

    For the Nuclear Regulatory Commission.
Raymond Lorson,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E7-19951 Filed 10-9-07; 8:45 am]
BILLING CODE 7590-01-P