[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2284-2286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-418]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-151]


Notice of the Issuance of License Amendment No. 15 for the 
University of Illinois Nuclear Research Laboratory Triga Research 
Reactor and the Opportunity To Request a Hearing

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of the issuance of license amendment No. 15 and the 
opportunity to request a hearing.

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

DATES: A request for a hearing must be filed by March 10, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas McLaughlin, Project Manager, 
Materials Decommissioning Branch, Division of Waste Management and 
Environmental Protection, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Telephone: (301) 415-5869; fax number: (301) 415-
5369; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) has issued a license 
amendment to Facility Operating License R-115 that allows 
decommissioning of the University of Illinois's (University's or 
licensee's) Nuclear Research Laboratory (NRL) Advanced Teaching 
Research Isotope General Atomic (TRIGA) Mark II nuclear research 
reactor located on the campus of the University of Illinois at 
Champaign-Urbana in the city of Urbana, Illinois.
    By letters dated March 28, 2006 (See ADAMS ML060900623), and August 
20, 2007 (See ADAMS ML072550089), the licensee submitted a 
Decommissioning Plan (DP) in accordance with 10 CFR 50.82(b)(1), in 
order to dismantle the TRIGA Reactor, to dispose of its component parts 
and radioactive material, and to decontaminate the facilities in 
accordance with the proposed DP to meet the Commission's unrestricted 
release criteria. After the Commission verifies that the release 
criteria have been met, Facility Operating License No. R-115 will be 
terminated.
    The University of Illinois ceased operations of the NRL TRIGA 
reactor on August 6, 1998, and it was placed in a Safe Storage 
(SAFSTOR) condition. On August 18, 2004, the reactor fuel was removed 
and shipped to the U.S. Department of Energy's Idaho National 
Laboratory.
    A ``Notice and Solicitation of Comments Pursuant to 10 CFR 20.1405 
and 10 CFR 50.82(b)(5) Concerning Proposed Action to Decommission the 
University of Illinois at Urbana-Champaign Nuclear Reactor Laboratory'' 
was published in the Federal Register on August 1, 2006 (71 FR 43528), 
and in the Champaign County, Illinois daily newspaper, The News-
Gazette, on August 3, 2006. No comments were received.
    The University of Illinois is planning unrestricted use for the 
area that would be released. The NRC Final Rule on License Termination, 
10 CFR 20.1402, provides radiological criteria for release of a site 
for unrestricted use. Release criteria for unrestricted use is a 
maximum Total Effective Dose Equivalent (TEDE) of 25 mrem per year from 
residual radioactivity above background and doses as low as reasonably 
achievable (ALARA). The results of the final status survey will be used 
to demonstrate that the predicted dose to a member of the public from 
any residual radioactivity does not exceed the 25 mrem per year dose 
limit. The NRC will perform inspections and if necessary a confirmatory 
survey to verify that the decommissioning activities and the final 
status survey results are acceptable.
    Based on the review of the specific proposed activities associated 
with the dismantling and decontamination of the NRL, which includes the 
TRIGA Reactor, the staff has determined that the proposed action will 
not increase the probability or consequences of accidents. No changes 
are being made in the types of any effluents that may be released off 
site, and there will be no significant increase in occupational or 
public radiation exposure above those during the operation of the 
facility. Therefore, the staff concludes that there are no significant 
radiological environmental impacts associated with the proposed action.

II. Opportunity to Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment regarding the decommissioning of 
the University of Illinois NRL test reactor. Any person whose interest 
may be affected by this proceeding and who desires to participate as a 
party must file a request for a hearing and, a specification of the 
contentions which the person seeks to have litigated in the hearing, in 
accordance with the NRC E-Filing rule, which the NRC promulgated in 
August, 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing rule requires 
participants to submit and serve documents over the internet or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek a waiver in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
five (5) days prior to the filing deadline, the petitioner/requestor 
must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request (1) a 
digital identification (ID) certificate, which allows the participant 
(or its counsel or representative) to digitally sign documents and 
access the E-Submittal server for any proceeding in which it is 
participating; and/or (2) creation of an electronic docket for the 
proceeding (even in instances in which the petitioner/requestor (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each petitioner/requestor will need to download the 
Workplace Forms Viewer\TM\ to access the Electronic Information 
Exchange (EIE), a component of the E-Filing system. The Workplace Forms 
Viewer\TM\ is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a 
digital ID certificate is available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE

[[Page 2285]]

viewer, it can then submit a request for hearing or petition for leave 
to intervene. Submissions should be in Portable Document Format (PDF) 
in accordance with NRC guidance available on the NRC public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. A filing is considered 
complete at the time the filer submits its documents through EIE. To be 
timely, an electronic filing must be submitted to the EIE system no 
later than 11:59 p.m. Eastern Standard Time on the due date. Upon 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an e-mail notice confirming receipt of the 
document. The EIE system also distributes an e-mail notice that 
provides access to the document to the NRC Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the documents on those participants separately. Therefore, 
applicants and other participants (or their counsel or representative) 
must apply for and receive a digital ID certificate before a hearing 
request/petition to intervene is filed so that they can obtain access 
to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by: (1) First class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(c)(1)(viii). To be timely, filings must be submitted no 
later than 11:59 p.m. Eastern Standard Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include social 
security numbers in their filings. Copyrighted works, except for 
limited excerpts that serve the purpose of the adjudicatory filings and 
would constitute a Fair Use application, should not be included in the 
submission.
    The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3), then the requirements for paper 
documents, set forth in 10 CFR 2.304(b) must be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by March 10, 2008.
    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; 
and 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.

[[Page 2286]]

    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 accordance with the E-Filing rule, 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

    For further details with respect to the proposed action, see the 
licensee's letters dated March 28, 2006 (See ADAMS ML060900623), August 
20, 2007 (See ADAMS ML072550089), the Environmental Assessment and 
Finding of No Significant Impact (See ADAMS ML073020387), and the 
Safety Evaluation Report (See ADAMS ML073330022), which are available 
for public inspection, and can be copied for a fee, at the U.S. Nuclear 
Regulatory Commission's Public Document Room (PDR), located at One 
White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland 20852. The NRC maintains an Agency-wide Documents Access and 
Management System (ADAMS), which provides text and image files of NRC(s 
public documents. These documents may be accessed through the NRC(s 
Public Electronic Reading Room on the internet at http://www.nrc.gov.
    Persons who do not have access to ADAMS or who have problems in 
accessing the documents located in ADAMS may contact the PDR reference 
staff at 1-800-397-4209, 301-415-4737 or by e-mail at [email protected].

    Dated at Rockville, Maryland, this 2nd day of January, 2008.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommisssioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
 [FR Doc. E8-418 Filed 1-11-08; 8:45 am]
BILLING CODE 7590-01-P