[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65910-65912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26761]
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NUCLEAR REGULATORY COMMISSION
[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.
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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.
ML120170452.
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].
SUPPLEMENTARY INFORMATION:
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
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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
2.315(c).
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
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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
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 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
Programs.
[FR Doc. 2012-26761 Filed 10-30-12; 8:45 am]
BILLING CODE 7590-01-P