[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Pages 47287-47289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22183]



[Docket No. 70-36; NRC-2009-0278]

Notice Extending the Deadline for Requesting a Hearing and 
Correcting Information Regarding the Procedure for Requesting a Hearing 
on a License Amendment Application Filed by Westinghouse Electric 
Company LLC for the Hematite Decommissioning Project, Festus, MO

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice extending the deadline for requesting a hearing and 
correcting information regarding the procedure for requesting a 


DATES: Any request for a hearing must be filed by October 5, 2009.

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, 
Two White Flint North, Mail Stop T8F5, 11545 Rockville Pike, Rockville, 
Maryland 20852-2738; Telephone: (301) 415-5928; fax number: (301) 415-
5928; e-mail: [email protected].


I. Introduction

    On July 6, 2009, the U.S. Nuclear Regulatory Commission (NRC or 
Commission) provided notice in the Federal Register of the opportunity 
to request a hearing on Westinghouse Electric Company LLC's application 
for a license amendment that would allow it to dispose of NRC-licensed 
material at a U.S. Ecology facility near Grand View, Idaho. The 
deadline for requesting a hearing stated in the Federal Register notice 
was September 4, 2009.
    The NRC is extending the deadline for requesting a hearing on 
Westinghouse's application until October 5, 2009. The NRC is also 
providing corrected information regarding the procedure for requesting 
a hearing. As explained below, any hearing request must be served in 
accordance with the NRC's E-Filing rules in Subpart C of 10 CFR Part 2. 
Finally, the NRC is providing a corrected reference number for one 
document listed in the July 6, 2009 Federal Notice.

II. Background

    By letter dated May 21, 2009, the NRC received a license amendment 
application from Westinghouse Electric Company LLC (WEC or the 
licensee), pertaining to its planned disposal of NRC-licensed source, 
byproduct and special nuclear material. Regarding this material, WEC 
seeks approval, pursuant to 10 CFR 20.2002, of proposed disposal 
procedures which are not otherwise authorized by NRC regulations. WEC 
holds NRC License No. SNM-00033, which authorizes the licensee to 
conduct decommissioning activities at its former fuel cycle facility 
located in Festus, Missouri. The amendment request seeks authorization 
allowing WEC to transfer decommissioning waste to U.S. Ecology Idaho, 
Inc., a Resource Conservation and Recovery Act (RCRA) Subtitle C 
disposal facility located near Grand View, Idaho. This facility is 
regulated by the Idaho Department of Environmental Quality, and is not 
an NRC-licensed facility. Pursuant to 10 CFR 30.11 and 70.17, WEC's 
application also requested exemptions from the licensing requirements 
of 10 CFR 30.3 and 70.3 for the byproduct and special nuclear material 
it seeks to transfer. These exemptions are necessary because the 
disposal of byproduct and special nuclear material must occur at a 
facility licensed to possess such material, and the U.S. Ecology Idaho 
facility has no NRC license.
    An NRC administrative review, documented in a letter to 
Westinghouse dated June 19, 2009, found the alternate disposal 
application acceptable to begin a technical review. If the NRC approves 
the Westinghouse request, the approval will be documented in an 
amendment to NRC License No. SNM-00033. However, before approving the 
proposed amendment, the NRC will need to make the findings required by 
the Atomic Energy Act of 1954, as amended, and the National 
Environmental Policy Act. These findings will be documented, 
respectively, in a Safety Evaluation Report (SER), and in a separate 
environmental assessment performed by the NRC.

III. Opportunity To Request a Hearing

    On July 6, 2009, the NRC provided notice of Westinghouse's 
application for the license amendment described above. In accordance 
with the general requirements in Subpart C of 10 CFR Part 2, 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. Any person filing a hearing request must do 
so by October 5, 2009.
    As required by 10 CFR 2.309, a hearing request or petition for 
leave to intervene shall set forth with particularity the interest of 
the requestor/petitioner in the proceeding and how that interest may be 
affected by the results of the proceeding. The request should 
specifically explain the reasons why intervention should be permitted 
with particular reference to the following general requirements: (1) 
The name, address and telephone number of the requestor or petitioner; 
(2) the nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any decision or order which 
may be entered in the proceeding on the requestor's/petitioner's 
interest. The petition must also identify the specific contentions that 
the requestor/petitioner seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the person 
submitting the hearing request or petition to intervene must provide a 
brief explanation of the bases for the contention and a concise 
statement of the alleged facts or expert opinion that support the 
contention and on which the requester intends to rely in proving the 
contention at the hearing. The requestor must also provide references 
to those specific sources and documents of which the requester is

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aware and on which the requestor intends to rely to establish those 
facts or expert opinion. The hearing request must include sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact. Contentions shall be limited to 
matters within the scope of the amendment under consideration. The 
contention must be one which, if proven, would entitle the petitioner/
requestor to relief. A requestor/petitioner who fails to satisfy these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
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 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 an exemption 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 requestor/petitioner 
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 requestor/
petitioner 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 
    Once a requestor/petitioner has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, he or she 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 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 file an exemption request, 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 
    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, unless an NRC regulation or 
other law requires submission of such information. 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.

IV. 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 ADAMS accession numbers for 
the documents related to this notice are: Request for Alternate 
Disposal Approval and Exemption for Specific Hematite Project Waste 
(ML091480071) (this number corrects the reference provided in the July 
6, 2009 Federal Register Notice); and Review Acceptance Letter to

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Westinghouse on 10 CFR 20.2002 Alternate Disposal Request for Hematite 
(ML091690253). 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) at 11555 
Rockville Pike, Rockville, Maryland 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 4th day of September 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 
[FR Doc. E9-22183 Filed 9-14-09; 8:45 am]