[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12365-12368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04112]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8907; NRC-2013-0036]
License Amendment Request for United Nuclear Corporation, Church
Rock Mill--License No. SUA-1475
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 April 23, 2013.
ADDRESSES: Please refer to Docket ID [NRC-2013-0036] 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 is publicly available, using any of the following
methods:
Federal Rulemaking Web site: GO to http://www.regulations.gov and search
[[Page 12366]]
for Docket ID NRC-2013-0036. 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 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
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 document referenced 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: Yolande Norman, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
7741; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) has received a license
amendment application from United Nuclear Corporation (UNC or the
licensee), dated April 17, 2012, requesting an amendment to Source
Materials License Number SUA-1475 for the UNC Church Rock Mill site
located in New Mexico (the UNC license) [ADAMS Accession No.
ML12150A146]. On October 12, 2012, UNC submitted a three-dimensional
groundwater flow model for the UNC Church Rock Mill site and adjacent
downgradient areas [ADAMS Accession Nos. ML12305A320 and ML12305A324].
In a letter dated November 16, 2012, UNC requested that the NRC
consider the merits of this groundwater flow model in support of their
April 2012 license amendment application [ADAMS Accession No.
ML12334A292]. The requested amendment seeks to revise the NRC-approved
background threshold values for groundwater constituents in point of
compliance wells for all three hydrostratigraphic units as it pertains
to license condition 30.B of Source Materials License Number SUA-1475
and Section 5(B)(5)(a) Part 40 Appendix A of Title 10 of the Code of
Federal Regulations (10 CFR).
An NRC administrative review, documented in a letter to UNC dated
January 10, 2013, (ADAMS Accession No. ML13007A069) determined that the
application and supplemental information was acceptable to begin a
technical review. Please note that the NRC technical review of the
groundwater flow model will be narrowly focused on supplemental
information pertinent to the amendment request to revise background
concentration levels. If the NRC approves the requested amendment, the
approval will be documented in an amendment to NRC Source Materials
License Number SUA-1475. However, before approving the proposed
amendment, 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 Assessment.
II. Opportunity to Request a Hearing; Petition 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
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, 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
also accessible electronically from the NRC Library on the NRC's Web
site athttp://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 that 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 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
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.
[[Page 12367]]
Requests for hearing, petitions for leave to intervene, and motions
for leave to file contentions after the deadline in 10 CFR 2.309(b)
will not be entertained absent a determination by the presiding officer
that the new or amended 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 April
23, 2013. The petition must be filed in accordance with the filing
instructions in section III 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 under 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 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). 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 the 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
April 23, 2013.
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 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 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 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 led 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's 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
[[Page 12368]]
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 11th day of February 2013.
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. 2013-04112 Filed 2-21-13; 8:45 am]
BILLING CODE 7590-01-P