[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Notices]
[Pages 59680-59682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23890]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8838; NRC-2012-0221]
Request To Extend Time To Submit Decommissioning Plan; U.S.
Department of the Army, Jefferson Proving Ground, Madison, IN
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to provide comments,
request a hearing and to petition for leave to intervene.
-----------------------------------------------------------------------
DATES: Submit comments by October 29, 2012. Requests for a hearing or
leave to intervene must be filed by November 27, 2012.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and is publicly available, by
searching on http://www.regulations.gov under Docket ID NRC-2012-0221.
You may submit comments by any of the following methods
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0221. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Thomas McLaughlin, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555; telephone: 301-415-5869;
email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0221 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and are publicly-available, by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0221.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The U.S. Department of the
Army License Amendment request is available electronically under ADAMS
Accession Number ML12138A174.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2012-0221 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS, and the NRC does not edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC will not edit comment submissions to remove such
information before making the comment submissions available to the
public or entering the comment submissions into ADAMS.
II. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has
received, by letter dated May 2, 2012, a license amendment application
from the U.S. Department of the Army (the licensee) for their Jefferson
Proving Ground site located in Madison, Indiana, requesting to extend
the time for submitting a decommissioning plan by 20 months. License
No. SUB-1435 authorizes the licensee to possess depleted uranium
resulting from past testing operations. The proposed change is to
modify License Condition No. 13 which states that a decommissioning
plan will be submitted to the NRC no later than December 31, 2011.
An NRC administrative review, documented in a letter to the U.S.
Department of the Army dated August 17, 2012 (ADAMS Accession No.
ML12214A238), found the application acceptable to begin a technical
review. If the NRC approves the amendment, the approval will be
documented in an amendment to NRC License No. SUB-1435. However, before
approving the proposed amendment, the NRC will need to make the
findings required by
[[Page 59681]]
the Atomic Energy Act of 1954, as amended, and the NRC's regulations.
These findings will be documented in a Safety Evaluation Report and an
Environmental Assessment, unless the extension request satisfies the
requirements of a categorical exclusion.
III. Opportunity To Request a Hearing; Petitions for Leave To Intervene
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who wishes to participate as a party in the proceeding
must file a written request for a hearing and a petition for leave to
intervene with respect to the license amendment request. Requirements
for hearing requests and petitions for leave to intervene are found in
Sec. 2.309 of Title 10 of the Code of Federal Regulations (10 CFR),
``Hearing Requests, Petitions to Intervene, Requirements for Standing,
and Contentions.'' Interested persons should consult 10 CFR 2.309,
which is available at the NRC's PDR, Room O1-F21, One White Flint
North, 11555 Rockville Pike, Rockville, Maryland 20852 (or call the PDR
at 1-800-397-4209 or 301-415-4737). The NRC's regulations are available
online in the NRC Library at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. 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 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 the 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.
Requests for hearing, petitions for leave to intervene, and motions
for leave to file new or amended contentions that are filed after
November 27, 2012 day deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the following three factors in 10 CFR
2.309(c)(1): (i) The information upon which the filing is based was not
previously available; (ii) the information upon which the filing is
based is materially different from information previously available;
and (iii) the filing has been submitted in a timely fashion based on
the availability of the subsequent information.
A State, local governmental body, Federally-recognized Indian
tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). 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
November 27, 2012. 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 under 10 CFR 2.309(h)(2) a State, local
governmental body, or Federally-recognized Indian tribe, or agency
thereof does not need to address the standing requirements in 10 CFR
2.309(d) if the facility is located within its boundaries. A State,
local governmental body, Federally-recognized Indian tribe, or agency
thereof may also have the opportunity to participate in a hearing as a
nonparty pursuant to 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to this proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
under 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
presiding officer. Persons desiring to make a limited appearance are
requested to inform the Secretary of the Commission by November 27,
2012.
IV. 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 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 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to request (1) a digital
[[Page 59682]]
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
(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 the 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 the 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 Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
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 the NRC guidance
available on the NRC's 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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's Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at 1-866-672-7640. 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 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. 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 the
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 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 submission.
Dated at Rockville, Maryland, this 19th day of September 2012.
For the Nuclear Regulatory Commission.
Paul Michalak,
Acting 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. 2012-23890 Filed 9-27-12; 8:45 am]
BILLING CODE 7590-01-P