[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Pages 21720-21722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10720]



[NRC-2009-0201; DOCKET NO. 03003754]

Notice of Consideration of Amendment Request for Decommissioning 
of ABB Inc.'s CE Windsor Site In Windsor, CT, and Opportunity to 
Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of amendment request and opportunity to request a 


DATES: A request for a hearing must be filed by July 7, 2009.

FOR FURTHER INFORMATION CONTACT: James Schmidt, Health Physicist, 
Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 
475 Allendale Road, King of Prussia, Pennsylvania 19406; telephone 
(610) 337-5276; fax number (610) 337-5269; or by e-mail: 
[email protected].


I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering issuance of 
a license amendment to Materials License No. 06-00217-06 issued to ABB 
Inc. (the Licensee), to authorize remediation and decommissioning of 
several Formally Utilized Sites Remedial Action Program (FUSRAP) areas 
of its CE Windsor Site (the Facility) in Windsor, Connecticut. The 
clean-up work for the FUSRAP areas will be performed under a proposed 
revision to the Licensee's previously approved Decommissioning Plan 
(DP), under which decommissioning work has been performed at the 
Facility's non-FUSRAP areas. Authorization for the Licensee to conduct 
decommissioning activities for the FUSRAP areas--which ordinarily would 
be done by the U.S. Army Corps of Engineers (USACE)--was established 
between NRC and USACE by agreement dated August 15, 2007. The Licensee 
requested the action to initiate the FUSRAP area decommissioning 
activities by a filing dated December 31, 2008. Revision I to the DP is 
currently under technical review by the NRC staff.
    If the NRC approves the revised DP, the approval will be documented 
in an amendment to NRC License No. 06-00217-06. However, before 
approving the proposed amendment, the NRC will need to make the safety 
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. The NRC will separately evaluate the environmental 
aspects of the proposed action, pursuant to its 10 CFR part 51 
requirements. The Licensee's revised DP continues to propose eventual 
release of the Facility for unrestricted use. This would occur 
following completion of all 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 the 
Licensee's application dated December 31, 2008. 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 request for a hearing and a specification of the 
contentions which the person seeks to have litigated in the hearing.
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process 
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/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 ID certificate, which allows the participant (or its counsel or

[[Page 21721]]

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 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/requestor has 
obtained a digital ID certificate, had a docket created, and downloaded 
the EIE 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 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 electronic filing Help Desk can be contacted 
by telephone at 1-866-672-7640 or by e-mail at [email protected]. 
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.
    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 personal 
privacy information, such as social security numbers, home addresses, 
or home phone 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.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by July 7, 2009.
    In addition to meeting the above requirements, 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 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 hearing request is filed.
    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.

[[Page 21722]]

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 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The documents related to this 
action are listed below, along with their ADAMS accession numbers.
    A. NRC to USACE letter dated August 15, 2007, ``Proposed Process to 
Decommission and Cleanup the ABB Windsor Site'' (ML072210979),
    B. ABB to NRC letter, with attachments, dated December 31, 2008, 
``Application for Amendment of Materials License No. 06-00217-06'' 
(ML090160123, ML090160128, ML090160370, and ML090160378),
    C. ABB report ``CE Windsor Decommissioning Plan, Revision 1 
(Previously Identified FUSRAP Areas Except Debris Piles and Site 
Brook)'' dated December 2008 (ML090160381, ML090160388, and 
ML090160396), and
    D. ABB report ``CE Windsor Site Development of Building DCGLs'' 
dated December 2008 (ML090160458, ML090160469, ML090160478, and 
    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 Region I, 475 Allendale Road, King of Prussia, PA, this 
1st day of May, 2009.

    For The Nuclear Regulatory Commission.
Randolph C. Ragland, Jr.,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E9-10720 Filed 5-7-09; 8:45 am]