[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Pages 65910-65912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26761]



[Docket No. 70-0036; NRC-2012-0262]

Westinghouse Electric Company, LLC., Hematite Decommissioning 
Project, Festus, Missouri

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to request a hearing and 
to petition for leave to intervene.


DATES: A request for a hearing or petition for leave to intervene must 
be filed by December 31, 2012.

ADDRESSES: Please refer to Docket ID NRC-2012-0262 when contacting the 
NRC about the availability of information regarding this proposed 
action. You can access publicly available documents related to this 
notice using any of the following methods:
     Federal Rulemaking Web site: GO to http://www.regulations.gov and search for Docket ID NRC-2012-0262. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online 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 ADAMS Accession Number for each publicly 
available document referenced below regarding the proposed action is 
provided the first time the document is referenced. The license 
amendment request is available under ADAMS Package Accession No. 
     NRC's Public Document Room (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.

FOR FURTHER INFORMATION CONTACT: John J. Hayes, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
5928; email: [email protected].


I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) has 
received a license amendment application from Westinghouse Electric 
Company, LLC. (WEC or the licensee), dated August 16, 2012, requesting 
an exemption and an amendment of NRC License Number SNM-00033 (the 
Hematite license). The requested exemption pertains to section 70.24 of 
Title 10 of the Code of Federal Regulations (10 CFR) requirements for 
criticality monitoring systems at WEC Hematite Decommissioning Project 
(HDP) site in Missouri.
    The Hematite license authorizes the licensee to conduct 
decommissioning activities. The NRC's letter to WEC, dated November 9, 
2011, (ADAMS Accession No. ML112200209), issued Amendment 59 to the 
Hematite license, approving the Westinghouse Hematite Physical Security 
Plan, Category I Contingency Safeguards Contingency Response and 
Contingency Security Training and Qualification Plans, dated July 28, 
2011, and Fundamental Nuclear Material Control Plan, dated February 18, 
2011. Amendment 59 included license condition 15 which exempts WEC from 
the requirements to 10 CFR 70.24 regarding its HDP activities where the 
risk of a criticality accident was not considered credible.
    In support of its August 16, 2012, request, WEC provided a revised 
license application with additional proposed 10 CFR 70.24 exemption 
provisions; justification for these provisions; a proposed revision to 
license condition 15; and the justification for revising license 
condition 15.
    An NRC administrative review, documented in a letter to WEC dated 
August 31, 2012, (ADAMS Accession No. ML12243A378) found the 
application acceptable to begin a technical review. If the NRC approves 
the requested exemption and license amendment, such approval will be 
documented in a Safety Evaluation Report, which will contain the 
findings required by the Atomic Energy Act of 1954, as amended, and the 
NRC's regulations.

II. Opportunity To Request a Hearing and Leave To Intervene

    Requirements for submitting hearing requests and petitions for 
leave to intervene are found in 10 CFR 2.309, ``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, located at One White Flint North, 11555 Rockville Pike, 
Room O1-F21, Rockville, Maryland 20852. You may also call the PDR at 1-
800-397-4209 or 301-415-4737. The NRC's regulations are also accessible 
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
    Pursuant to 10 CFR 2.309(a), 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 hearing and 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. Pursuant to 10 CFR 2.309(d), the 
petition must provide the name, address, and telephone number of the 
petitioner; and explain the reasons why intervention should be 
permitted with particular reference to: (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

[[Page 65911]]

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 request for hearing or petition for leave to intervene must also 
identify specific contentions that the petitioner seeks to have 
litigated in the proceeding. As required by 10 CFR 2.309(f), 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. The petitioner also must 
demonstrate that the issue raised by each contention is within the 
scope of the proceeding, and is material to the findings that the NRC 
must make to support the granting of a license in response to the 
application. In addition, 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 the 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 License Amendment (LA) 
that the petitioner disputes and the supporting reasons for each 
dispute; or, if the petitioner believes that the LA 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. A 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 
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's regulations, policies, and procedures. The 
Licensing Board will set the time and place for any pre-hearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Request for hearing, petitions for leave to intervene, and motions 
for leave to file new or amended contentions that are filed after the 
60-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) and (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 
December 31, 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 2.309(h)(2) State and Federally-recognized 
Indian tribes do 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 under 10 CFR 
    If a hearing is granted, any person who does not wish to become a 
party to the proceeding may, in the discretion of the presiding 
officer, be permitted to make a limited appearance pursuant to the 
provisions of 10 CFR 2.315(a), by making an oral or written statement 
of his or her position on the issues at any session of the hearing or 
at any pre-hearing conference, within the limits and conditions fixed 
by the presiding officer. However, that person may not otherwise 
participate in the proceeding.

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 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 identification (ID) 
certificate, which allows the participant (or its counselor 
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 counselor 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

[[Page 65912]]

submit a request for hearing or petition for leave to intervene. 
Submissions should be in Portable Document Format in accordance with 
the NRC's 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 counselor representative) 
must apply for and receive a digital lD certificate before a hearing 
request/petition for leave 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/contact-us-eie.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 
    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 24, day of October 2012.

    For the Nuclear Regulatory Commission.
Andrew Persinko,
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. 2012-26761 Filed 10-30-12; 8:45 am]