[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53586-53588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21933]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-1593; NRC-2015-0209]
U.S. Army Installation Command, Davy Crockett Depleted Uranium
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from the U.S. Army Installation Command (Army) to amend NRC
Source Materials License No. SUC-1593 to incorporate the 15 sites
listed in License Condition No. 12 into its license. The Army proposes
to use a programmatic approach to license the 15 sites, which are
located on multiple U.S. Army installations in the United States. In
addition, the Army's license amendment application proposes to license
sites located on the two U.S. Army installations that are located in
Hawaii which are already licensed under Source Materials License No.
SUC-1593.
DATES: A request for a hearing or petition for leave to intervene must
be filed by November 3, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0209 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0209. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection 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 document referenced (if it available in
ADAMS) is provided the first time that a document is referenced. The
license amendment request is available in ADAMS under Accession No.
ML15161A454.
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.
FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Office of Nuclear
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555; telephone: 301-415-6822; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated June 1, 2015, the Army submitted an application to
amend Source Materials License No. SUC-1593 (ADAMS Accession No.
ML13259A062) to the NRC (ADAMS Accession No. ML15161A454). The Army
submitted this license amendment application to incorporate the 15
sites listed in License Condition No. 12 into its license. The Army
proposes to use a programmatic approach to license the 15 sites, which
are located on multiple U.S. Army installations in the United States.
In addition, the Army's license amendment application proposes to
license sites located on the two U.S. Army installations that are
located in Hawaii which are already licensed under Source Materials
License No. SUC-1593. The 17 U.S. Army installations with sites that
possess depleted uranium from the Davy Crockett M101 Spotting Rounds,
as identified in the application, are located at: Forts Benning and
Gordon (Georgia); Forts Campbell and Knox (Kentucky); Fort Carson
(Colorado); Fort Hood (Texas); Joint Base Lewis-McChord and the Yakima
Training Center (Washington); Fort Bragg (North Carolina); Fort Polk
(Louisiana); Fort Sill (Oklahoma); Fort Jackson (South Carolina); Fort
Hunter Liggett (California); Fort Greeley [Donnelly Training Area, Fort
Wainwright AK] (Alaska); Fort Dix (New Jersey); Fort Riley (Kansas);
and the Schofield Barracks and Pohakuloa Training Area (Oahu, HI and
the Island of Hawaii, HI, respectively). This license application is
for possession of depleted uranium (DU) due to the potential for
residual DU to be at the specified Army Installation sites where
testing of Davy Crockett M101 Spotting Round has occurred. The Army's
application also proposes that its proposed programmatic Radiation
Safety Plan, programmatic Physical Security Plan, and programmatic
Environmental Radiation Monitoring Plan apply to all 17 sites and
commits to preparing site-specific Environmental Radiation Monitoring
Plans in accordance with the criteria contained in its programmatic
Environmental Radiation Monitoring Plan.
An NRC administrative review, documented in a letter to the U.S.
Army Installation Command (ML15194A499), found that the Army's
amendment application is acceptable for docketing. Before approving the
license application, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended, and the NRC's regulations.
These findings will be documented in a Safety Evaluation Report. In
addition, in accordance with the guidance in NUREG-1748,
``Environmental Review Guidance for Licensing Actions Associated with
Nuclear Materials Safety and Safeguards Programs,'' Appendix B (August
2003), the NRC
[[Page 53587]]
staff has determined that the proposed action (i.e., to issue a license
amendment to the Army for possession of depleted uranium from spent
spotting rounds from the Davy Crockett weapon at the sites specified in
the Army's application) qualifies for the categorical exclusion at
Section 51.22(c)(14)(xv) of Title 10 of the Code of Federal Regulations
(10 CFR).
II. Opportunity To Request a Hearing and 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 facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, 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/or
petition. The Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of 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 should specifically explain the reasons
why intervention should be permitted, with particular reference to the
following general requirements: (1) the name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner shall provide a brief explanation of the bases for the
contention and a concise statement of the alleged facts or expert
opinion that support the contention and on which the petitioner intends
to rely in proving the contention at the hearing. The petitioner must
also provide references to those specific sources and documents of
which the petitioner is aware and on which the petitioner intends to
rely to establish those facts or expert opinion. The petition must
include sufficient information to show that a genuine dispute exists
concerning a material issue of law or fact. Contentions shall be
limited to matters within the scope of the amendment under
consideration. The contention must be one which, 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 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.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests 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 three factors in 10
CFR 2.309(c)(1)(i)-(iii).
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 3, 2015. The petition must be filed in accordance with the
filing instructions in the ``Electronic Submissions (E-Filing)''
section of this document, and should meet the requirements for
petitions for leave to intervene set forth in this section, except that
under Sec. 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 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
November 3, 2015.
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's 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
ten 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
[[Page 53588]]
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/getting-started.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 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 NRC'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 public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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 25th day of August 2015.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of Decommissioning, Uranium Recovery, and
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-21933 Filed 9-3-15; 8:45 am]
BILLING CODE 7590-01-P