[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Pages 40855-40857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19449]



[NRC-2009-0352; Docket No. 40-9083]

Notice of License Application Request of U.S. Army Installation 
Command for Schofield Barracks, Oahu, HI, and Pohakuloa Training Area, 
Island of Hawaii, HI; and Notice of Opportunity for Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license application and opportunity to request a 


DATES: A request for a hearing must be filed by October 13, 2009.

FOR FURTHER INFORMATION CONTACT: John Hayes, Senior 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) 415-5928; fax number: (301) 415-
5369; e-mail: [email protected].


I. Introduction

    By letters dated November 6, 2008, and July 8, 2009, the U.S. Army 
Installation Command submitted a Source Material License application to 
the Nuclear Regulatory Commission (NRC), for the Schofield Barracks and 
Pohakuloa Training Area (PTA) sites in Oahu and the Island of Hawaii, 
Hawaii. This license application is for possession of depleted uranium 
(DU) due to the potential for residual DU to be at various Army 
Installations where testing of the M101 Spotting Round has occurred.
    An NRC administrative review, documented in a letter to the U.S. 
Army Installation Command dated August 3, 2009, found the generic and 
site specific security and environmental radiation monitoring plans 
submitted by the applicant acceptable to begin a 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 the 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 material license submitted by the U.S. Army 
Installation Command to possess depleted uranium at the Schofield 
Barracks and PTA sites in Oahu and the Island of Hawaii, Hawaii. 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 on August 28, 2007 (72 FR 49139). All 
documents filed in NRC adjudicatory proceedings, including documents 
filed by interested governmental entities participating under 10 CFR 
2.315(c) and any motion or other document filed in the proceeding prior 
to the submission of a request for hearing or petition to intervene, 
must be filed in accordance with the E-Filing rule. The E-Filing rule 
requires participants to submit and serve all adjudicatory 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 
should 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 
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 using the agency's adjudicatory e-
filing system

[[Page 40856]]

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 Meta-System Help Desk, which is available between 8 
a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding 
government holidays. The Meta-System 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, in accordance with 10 CFR 
2.302(g), file an exemption request 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 
    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 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 October 13, 2009.
    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 
petition 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 petition is to be filed, such as the application or other 
supporting document filed by an applicant or licensee, or otherwise 
available to the petitioner. The requester/petitioner may amend those 
contentions or file new contentions if there are data or conclusions in 
the NRC documents 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.
    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

    Documents related to this action, including the November 6, 2008, 
and July 8, 2009 application and the supporting documentation (i.e., 
Environmental Radiation Plan and Security Plan), 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: 
ML090070095, ``US Department of Army Installations Application for 
Materials License;'' ML091950280, ``Memorandum on Security and 
Environmental Radiation Monitoring Plans;'' and ML092150316, 
``Acknowledgement of Receipt of Generic and Site Specific Security and 
Environmental Radiation Monitoring

[[Page 40857]]

Plans.'' 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 Public Document Room (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 Rockville, Maryland, this 5th day of August, 2009.

    For the Nuclear Regulatory Commission.
Keith McConnell,
Deputy Director,
    Decommissioning and Uranium Recovery, Licensing Directorate, 
Division of Waste Management and Environmental Protection, Office of 
Federal and State Materials and Environmental Management Programs.
[FR Doc. E9-19449 Filed 8-12-09; 8:45 am]