[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39728-39731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15695]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-09068]


Notice of License Application of Lost Creek ISR, LLC, for a New 
In Situ Leach Uranium Recovery Facility at the Lost Creek Site, 
Sweetwater County, Wyoming, and Opportunity to Request a Hearing and 
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license application for a new uranium recovery 
facility, and opportunity to request a hearing.

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DATES: A request for a hearing must be filed by September 8, 2008.

FOR FURTHER INFORMATION CONTACT: Stephen J. Cohen, Project Manager, 
Uranium Recovery Licensing 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) 415-7182; fax number: (301) 415-
5369; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated October 30, 2007, Lost Creek ISR, LLC (LCI) 
submitted a Source Materials License Application to the Nuclear 
Regulatory Commission (NRC) for a new in situ leach (ISL) uranium 
recovery facility at its Lost Creek site in Sweetwater County, Wyoming. 
The Lost Creek facility would involve the recovery of uranium by ISL 
extraction techniques. By letter dated February 29, 2008, LCI withdrew 
the application to revise its radiation protection program; the 
application was resubmitted on March 31, 2008. An NRC administrative 
review, documented in a letter dated June 10, 2008, found the 
application acceptable to begin a detailed technical and environmental 
review. Before approving the license application, 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 (SER) and a site-specific environmental review 
consistent with the provisions of 10 CFR Part 51.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a source materials license regarding LCI's proposal to 
construct and operate the Lost Creek ISL uranium recovery facility in 
Sweetwater County, Wyoming. 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 Federal Register 49139 (August 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 
ten (10) days prior to the filing deadline, the petitioner/requester 
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/requester (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each petitioner/requester will need to download the 
Workplace Forms ViewerTM to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms ViewerTM 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/requester has obtained a digital ID certificate, 
has a docket created, and downloaded the EIE viewer, the petitioner/
requester can then submit a request for hearing or petition for leave 
to intervene. Submissions should be in Portable Document Format 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 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 website 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.

[[Page 39729]]

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)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m. Eastern 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. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submissions.
    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 September 8, 2008.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, 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 
technical 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 
technical (i.e., 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 Technical 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. 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 (10) 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 March 31, 2008, 
license application and its supporting documentation (i.e., Technical 
Report and Environmental Report), 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

[[Page 39730]]

Agencywide Document Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The ADAMS 
accession number for the documents related to this Notice is 
ML081060525 Lost Creek ISR, LLC, Submittal of Source Materials License 
Application to Construct and Operate the Lost Creek ISL uranium 
recovery facility in Sweetwater County, Wyoming. The ADAMS accession 
number for the NRC staff's administrative review letter, dated June 10, 
2008, is ML081570711. 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.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information. A suggested schedule is provided as 
Attachment 1 to this order.
    2. Within ten (10) days after publication of this notice of 
opportunity for hearing any potential party as defined in 10 CFR 2.4 
who believes access to SUNSI is necessary for a response to the notice 
may request access to such information. A ``potential party'' is any 
person who intends or may intend to participate as a party by 
demonstrating standing and the filing of an admissible contention under 
10 CFR 2.309. Requests submitted later than ten (10) days will not be 
considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    3. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, MD 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are [email protected] and [email protected], respectively.\1\
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    \1\ See footnote 4. While a request for hearing or petition to 
intervene in this proceeding must comply with the filing 
requirements of the NRC's ``E-Filing Rule,'' the initial request to 
access SUNSI under these procedures should be submitted as described 
in this paragraph.
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    The request must include the following information:
    a. A description of the licensing action with a citation to this 
Federal Register notice of opportunity for hearing;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest that could be harmed, if 
the licensing action is taken;
    c. The identity of the individual requesting access to SUNSI and 
the requester's need for the information in order to meaningfully 
participate in this adjudicatory proceeding, particularly why publicly 
available versions of the application would not be sufficient to 
provide the basis and specificity for a proffered contention;
    4. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.c, above, the NRC staff will determine within ten 
(10) days of receipt of the written access request whether (1) there is 
a reasonable basis to believe the petitioner is likely to establish 
standing to participate in this NRC proceeding, and (2) there is a 
legitimate need for access to SUNSI.
    5. A request for access to SUNSI will be granted if:
    a. The request has demonstrated that there is a reasonable basis to 
believe that a potential party is likely to establish standing to 
intervene or to otherwise participate as a party in this proceeding;
    b. The proposed recipient of the information has demonstrated a 
need for SUNSI;
    c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms 
of a Protective Order setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI; and
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\2\ Any protective order issued 
shall provide that the petitioner must file SUNSI contentions 25 days 
after receipt of (or access to) that information. However, if more than 
25 days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
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    \2\ If a presiding officer has not yet been designated, the 
Chief Administrative Judge will issue such orders, or will appoint a 
presiding officer to do so.
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    6. If the request for access to SUNSI is granted, the terms and 
conditions for access to such information will be set forth in a draft 
protective order and affidavit of non-disclosure appended to a joint 
motion by the NRC staff, any other affected parties to this 
proceeding,\3\ and the petitioner(s). If the diligent efforts by the 
relevant parties or petitioner(s) fail to result in an agreement on the 
terms and conditions for a draft protective order or non-disclosure 
affidavit, the relevant parties to the proceeding or the petitioner(s) 
should notify the presiding officer within five (5) days, describing 
the obstacles to the agreement.
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    \3\ Parties/persons other than the requester and the NRC staff 
will be notified by the NRC staff of a favorable access 
determination (and may participate in the development of such a 
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by 
the release of the information (e.g., as with proprietary 
information).
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    7. If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing, the NRC staff shall briefly state 
the reasons for the denial. Before the Office of Administration makes 
an adverse determination regarding access, the proposed recipient must 
be provided an opportunity to correct or explain information. The 
requester may challenge the NRC staff's adverse determination with 
respect to access to SUNSI or with respect to standing, by filing a 
challenge within five (5) days of receipt of that determination with 
(a) the presiding officer designated in this proceeding; (b) if no 
presiding officer has been appointed, the Chief Administrative Judge, 
or if he or she is unavailable, another administrative judge, or an 
administrative law judge with jurisdiction pursuant to Sec.  2.318(a); 
or (c) if another officer has been designated to rule on information 
access issues, with that officer.
    In the same manner, a party other than the requester may challenge 
an NRC staff determination granting access to SUNSI whose release would 
harm that party's interest independent of the proceeding. Such a 
challenge must be filed within five (5) days of the notification by the 
NRC staff of its grant of such a request.

[[Page 39731]]

    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\4\
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    \4\ As of October 15, 2007, the NRC's final ``E-Filing Rule'' 
became effective. See Use of Electronic Submissions in Agency 
Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that 
the filing requirements of that rule apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
requests submitted to the NRC staff under these procedures.
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    8. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR Part 2.

    Dated at Rockville, Maryland, this 3rd day of July 2008.

    For the Nuclear Regulatory Commission.
Kenneth R. Hart,
Acting Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information (SUNSI)

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                        Day                                 Event
------------------------------------------------------------------------
0.................................................  Publication of
                                                     [Federal Register
                                                     notice/other notice
                                                     of proposed action
                                                     and opportunity for
                                                     hearing], including
                                                     order with
                                                     instructions for
                                                     access requests.
10................................................  Deadline for
                                                     submitting requests
                                                     for access to SUNSI
                                                     with information:
                                                     Supporting the
                                                     standing of a
                                                     potential party
                                                     identified by name
                                                     and address;
                                                     describing the need
                                                     for the information
                                                     in order for the
                                                     potential party to
                                                     participate
                                                     meaningfully in an
                                                     adjudicatory
                                                     proceeding;
                                                     demonstrating that
                                                     access should be
                                                     granted.
[20, 30 or 60]....................................  Deadline for
                                                     submitting petition
                                                     for intervention
                                                     containing: (i)
                                                     Demonstration of
                                                     standing; (ii) all
                                                     contentions whose
                                                     formulation does
                                                     not require access
                                                     to SUNSI (+25
                                                     Answers to petition
                                                     for intervention;
                                                     +7 petitioner/
                                                     requestor reply).
20................................................  NRC staff informs
                                                     the requester of
                                                     the staff's
                                                     determination
                                                     whether the request
                                                     for access provides
                                                     a reasonable basis
                                                     to believe standing
                                                     can be established
                                                     and shows need for
                                                     SUNSI. NRC staff
                                                     also informs any
                                                     party to the
                                                     proceeding whose
                                                     interest
                                                     independent of the
                                                     proceeding would be
                                                     harmed by the
                                                     release of the
                                                     information. If NRC
                                                     staff makes the
                                                     finding of need for
                                                     SUNSI and
                                                     likelihood of
                                                     standing, NRC staff
                                                     begins document
                                                     processing
                                                     (preparation of
                                                     redactions or
                                                     review of redacted
                                                     documents).
25................................................  If NRC staff finds
                                                     no ``need,'' ``need
                                                     to know,'' or
                                                     likelihood of
                                                     standing, the
                                                     deadline for
                                                     petitioner/
                                                     requester to file a
                                                     motion seeking a
                                                     ruling to reverse
                                                     the NRC staff's
                                                     denial of access;
                                                     NRC staff files
                                                     copy of access
                                                     determination with
                                                     the presiding
                                                     officer (or Chief
                                                     Administrative
                                                     Judge or other
                                                     designated officer,
                                                     as appropriate). If
                                                     NRC staff finds
                                                     ``need'' for SUNSI,
                                                     the deadline for
                                                     any party to the
                                                     proceeding whose
                                                     interest
                                                     independent of the
                                                     proceeding would be
                                                     harmed by the
                                                     release of the
                                                     information to file
                                                     a motion seeking a
                                                     ruling to reverse
                                                     the NRC staff's
                                                     grant of access.
30................................................  Deadline for NRC
                                                     staff reply to
                                                     motions to reverse
                                                     NRC staff
                                                     determination(s).
40................................................  (Receipt +30) If NRC
                                                     staff finds
                                                     standing and need
                                                     for SUNSI, deadline
                                                     for NRC staff to
                                                     complete
                                                     information
                                                     processing and file
                                                     motion for
                                                     Protective Order
                                                     and draft Non-
                                                     Disclosure
                                                     Affidavit. Deadline
                                                     for applicant/
                                                     licensee to file
                                                     Non-Disclosure
                                                     Agreement for
                                                     SUNSI.
190...............................................  (Receipt +180) If
                                                     NRC staff finds
                                                     standing and
                                                     trustworthiness and
                                                     reliability,
                                                     deadline for NRC
                                                     staff to file
                                                     motion for
                                                     Protective Order
                                                     and draft Non-
                                                     disclosure
                                                     Affidavit. Note:
                                                     Before the Office
                                                     of Administration
                                                     makes an adverse
                                                     determination
                                                     regarding access,
                                                     the proposed
                                                     recipient must be
                                                     provided an
                                                     opportunity to
                                                     correct or explain
                                                     information.
205...............................................  Deadline for
                                                     petitioner to seek
                                                     reversal of a final
                                                     adverse NRC staff
                                                     determination
                                                     either before the
                                                     presiding officer
                                                     or another
                                                     designated officer.
A.................................................  If access granted:
                                                     Issuance of
                                                     presiding officer
                                                     or other designated
                                                     officer decision on
                                                     motion for
                                                     protective order
                                                     for access to
                                                     sensitive
                                                     information
                                                     (including schedule
                                                     for providing
                                                     access and
                                                     submission of
                                                     contentions) or
                                                     decision reversing
                                                     a final adverse
                                                     determination by
                                                     the NRC staff.
A+3...............................................  Deadline for filing
                                                     executed Non-
                                                     Disclosure
                                                     Affidavits. Access
                                                     provided to SUNSI
                                                     consistent with
                                                     decision issuing
                                                     the protective
                                                     order.
A+28..............................................  Deadline for
                                                     submission of
                                                     contentions whose
                                                     development depends
                                                     upon access to
                                                     SUNSI. However, if
                                                     more than 25 days
                                                     remain between the
                                                     petitioner's
                                                     receipt of (or
                                                     access to) the
                                                     information and the
                                                     deadline for filing
                                                     all other
                                                     contentions (as
                                                     established in the
                                                     notice of hearing
                                                     or opportunity for
                                                     hearing), the
                                                     petitioner may file
                                                     its SUNSI
                                                     contentions by that
                                                     later deadline.
A+53 (Contention receipt +25).....................  Answers to
                                                     contentions whose
                                                     development depends
                                                     upon access to
                                                     SUNSI.
A+60 (Answer receipt +7)..........................  Petitioner/
                                                     Intervenor reply to
                                                     answers.
B.................................................  Decision on
                                                     contention
                                                     admission.
------------------------------------------------------------------------

[FR Doc. E8-15695 Filed 7-9-08; 8:45 am]
BILLING CODE 7590-01-P