[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Pages 14437-14439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6128]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-0299; NRC-2011-0054]
Notice of Opportunity To Request a Hearing and To Petition for
Leave To Intervene, License Amendment Request From Umetco Minerals
Corporation for Approval of an Erosion Enhancement Design for the Gas
Hills Reclamation Project; Source Material License No. SUA-648
AGENCY: Nuclear Regulatory Commission (NRC).
ACTION: Notice of receipt of a license amendment request and
opportunity to request a hearing.
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DATES: Requests for a hearing must be filed by May 16, 2011.
ADDRESSES: You can access publicly available documents related to this
notice using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O1
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into ADAMS, which provides text and image files of NRC's public
documents. If you do not have access to ADAMS or if there are problems
in accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected]. The ADAMS accession number for the documents
related to this notice are: ML1036402653, and ML110340384.
FOR FURTHER INFORMATION CONTACT: Dominick A. Orlando, Senior Project
Manager, Special Projects 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: 301-415-6749; fax number: 301-415-
5369; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The Umetco Minerals Corporation (Umetco) uranium mill site is
located in the East Gas Hills area of central Wyoming, 50 miles (80 km)
southeast of Riverton, and west of East Canyon Creek. The Umetco site
is licensed by the U.S. Nuclear Regulatory Commission (NRC) under
Source Materials License SUA-648 to possess byproduct material in the
form of uranium mill waste tailings, as well as other radioactive
wastes generated by past milling operations.
The mill operated from 1960 to 1979 and has been dismantled. The
current Umetco site consists of three primary tailings disposal areas
on the 1,920 acre parcel--the 170 acre Above Grade Tailings Impoundment
(AGTI), the 55 acre A-9 Repository, and the 60 acre Heap Leach area. In
addition, the Gas Hills Pond No. 2 area, adjacent to the AGTI and Heap
Leach area, also contains waste from heap leach operations.
Monitoring and inspection activities performed by Umetco of the
AGTI and A-9 Reclamation covers have identified isolated shallow
incisions of the underlying cover soils in isolated locations on the
AGTI and A-9 covers. Subsequent field investigations and review of
approved design documents by Umetco has identified what Umetco believes
is the cause of the sub-grade erosion. The cause identified by Umetco
is an error in the calculation of the interstitial velocity for
determining if a filter or bedding layer is necessary in the erosion
protection design. Umetco stated that they had completed a review of
approved designs associated with all reclamation cover systems
constructed at the site to ensure the design deficiency is confined to
AGTI and A-9 and that other potential contributing factors are
adequately addressed.
In a letter dated December 21, 2010, Umetco requested NRC approval
of a design for various erosion protection enhancements for the AGTI,
the A-9 Repository, the Launch Rock area located at the eastern toe of
the AGTI, and an area located adjacent to the southeast corner of the
reclamation cover toe (ADAMS Accession No. ML1036402653).
An administrative review, documented in an e-mail to Umetco dated
January 31, 2011 (ADAMS Accession No. ML110340384), found Umetco's
request acceptable to begin a formal technical review. If the NRC
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approves the request, the approval will be documented by amending NRC
License No. SUB-648. The license will be revised by adding a license
condition describing the erosion protection enhancements and any
changes thereto or related requirements arising from the NRC's safety
review. However, before approving Umetco's request and amending NRC
License No. SUB-648, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended (the Act), and the NRC's
regulations. These findings will be documented in a Safety Evaluation
Report and an environmental analysis.
II. Opportunity To Request a Hearing/Petition for Leave To Intervene
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject license. Requests for a
hearing and a petition for leave to intervene shall be filed in
accordance with the Commission's ``Rules of Practice for Domestic
Licensing Proceedings'' in Title 10 of the Code of Federal Regulations
(10 CFR) Part 2. Interested person(s) should consult a current copy of
10 CFR 2.309, which is available at the Commission's Public Document
Room (PDR), located at One White Flint North, Public File Area O1 F21,
11555 Rockville Pike (first floor), Rockville, Maryland (or call the
PDR at 800-397-4209 or 301-415-4737). NRC regulations are also
accessible electronically from the NRC's Electronic Reading Room on the
NRC Web site at http://www.nrc.gov.
If a request for a hearing and a petition for leave to intervene is
filed by the above date, the Commission or a presiding officer
designated by the Commission or by the Chief Administrative Judge of
the Atomic Safety and Licensing Board Panel, will rule on the request
and petition; and the Secretary or the Chief Administrative Judge of
the Atomic Safety and Licensing Board will issue a notice of a hearing
or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition must provide the name, address, and
telephone number of the petitioner and specifically explain the reasons
why intervention should be permitted with particular reference to the
following factors: (1) The nature of the petitioner's right under the
Act to be made a party to the proceeding; (2) the nature and extent of
the petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order that
may be entered in the proceeding on the petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings the NRC must make to support the granting of a license
amendment in response to the application. The petition must also
include a concise statement of the alleged facts or expert opinions
which support the position of the petitioner and on which the
petitioner intends to rely at hearing, together with references to the
specific sources and documents on which the petitioner intends to rely.
Finally, the petition must provide sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact, including references to specific portions of the application
for amendment that the petitioner disputes and the supporting reasons
for each dispute, or, if the petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the petitioner's belief. Each contention must be one that,
if proven, would entitle the petitioner to relief.
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
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Atomic Safety and
Licensing Board or a Presiding Officer that the petition should be
granted and/or the contentions should be admitted based upon a
balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by May
16, 2011. Non-timely filings will not be entertained absent a
determination by the presiding officer that the petition or request
should be granted or the contentions should be admitted, based on a
balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii). The
petition must be filed in accordance with the filing instructions in
section IV of this document, and should meet the requirements for
petitions for leave to intervene set forth in this section, except that
State and Federally-recognized Indian Tribes do not need to address the
standing requirements in 10 CFR 2.309(d)(1) if the facility is located
within its boundaries. The entities listed above could also seek to
participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Atomic Safety and Licensing Board.
Persons desiring to make a limited appearance are requested to inform
the Secretary of the Commission by May 16, 2011.
III. Electronic Submissions (E-Filing)
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 (72 FR 49139,
August 28, 2007). The E-Filing rule requires participants to submit and
serve all adjudicatory
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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 participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at 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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the NRC's E-Filing system, users will be
required to install a Web browser plug-in from the NRC Web site.
Further information on the Web-based submission form, including the
installation of the Web browser plug-in, is available on the NRC's
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at 866-672-7640. The NRC
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday, excluding government holidays.
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. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the 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 required 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 submission.
Dated at Rockville, Maryland, this 7th day of March 2011.
For the U.S. Nuclear Regulatory Commission.
Keith I. 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. 2011-6128 Filed 3-15-11; 8:45 am]
BILLING CODE 7590-01-P