[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14423-14426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07028]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-0925; NRC-2019-0093]
Cimarron Environmental Response Trust Cimarron Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to provide comments,
request a hearing and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
license amendment application from the licensee, Cimarron Environmental
Response Trust (CERT) for the Cimarron Facility, located in Logan
County, Oklahoma. The license authorizes possession of Byproduct,
Source, and Special Nuclear Material (SNM-928). CERT requested approval
of its proposed Facility Decommissioning Plan (DP), Rev. 1 for the
Cimarron Facility in Guthrie, Oklahoma and incorporation of the DP into
its license by license amendment. The requested license amendment would
also: Revise to the possession limit; change the description of the
licensed site; eliminate License Conditions that are no longer
applicable; and incorporate a revised Radiation Protection Program into
the license. The requested license amendment is necessary for CERT to
complete the remaining decommissioning activities needed for NRC to
release the Cimarron site for unrestricted use. The requested license
amendment is also necessary to ultimately terminate Special Materials
License SNM-928; however, license termination is a separate action that
requires a separate application from CERT and a separate NRC finding
that the site is suitable for release.
DATES: Submit comments by May 10, 2019. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received before this
date. A request for a hearing or petition for leave to intervene must
be filed by June 10, 2019.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0093. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and
submitting comments, see ``Obtaining Information and Submitting
Comments'' in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Kalman, Division of
Decommissioning, Uranium Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-6664, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0093 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0093.
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 ``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 NRC's February 28, 2019, letter
accepting the proposed Cimarron Facility Decommissioning Plan Rev. 1
(ADAMS Package Accession No. ML18323A197) for detailed technical review
is available in an ADAMS package under Accession No. ML19056A513.
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.
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B. Submitting Comments
Please include Docket ID NRC-2019-0093 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely 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 that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC received, by letter dated November 2, 2018, an application
(ADAMS Package Accession No. ML18323A197) to amend Materials License
No. SNM-928 (ADAMS Accession No. ML110270373), which authorizes
possession of Byproduct, Source, and Special Nuclear Material. The
objective of the proposed action is to decontaminate and decommission
the Cimarron site to permit release for unrestricted use. In accordance
with 10 CFR 70.38(g) CERT, submitted a proposed DP. CERT requested a
license amendment to incorporate the proposed DP into the license. As
part of this license amendment, CERT has also requested several other
revisions to the Radioactive Materials License SNM-928. CERT requested
revision of the possession limit. License Condition 8(D) authorizes the
possession of up to 6,000 kilograms of thorium. CERT states that the
last thorium contaminated material was shipped for disposal in 2004.
Hence, there is no longer a need for a thorium possession limit. CERT
also requested other minor revisions to the possession limit License
Condition. CERT requested a revision to the description of the licensed
area of the site. The site has been in decommissioning status since
1976 and portions of the site have been released from license by the
NRC. This proposed revision would amend the license to re-define the
boundaries of the site for decommissioning purposes to accurately
reflect the portions of the site where licensed material, which is in
groundwater, is currently located and where licensed material would be
stored or packaged for disposal. CERT requested deletion of several
tie-downs in License Conditions 10 and 27 that are outdated and no
longer relevant or required and revisions to License Condition 27 to
reflect the groundwater remediation plan in the proposed DP. As noted,
the site has been in decommissioning status since 1976 and various
decommissioning activities specified in the license are complete or are
no longer required due to changes in the decommissioning schedule and
the description of the licensed site. CERT requested a revision to
License Condition 23 to reflect the current status of the disposal cell
area, which was maintained for the 5-year period required by the NRC
with no evidence of subsidence or erosion. Finally, CERT requested that
that the license be amended to incorporate a revision to its Radiation
Protection Program. On February 14, 2011, License SNM-928 was
transferred from the previous licensee to CERT (ADAMS Package Accession
No. ML110270370). Under License Condition 27(e), CERT can make
revisions to its Radiation Protection Plan (RPP) without NRC approval,
provided that certain conditions are met. Since the license was
transferred to CERT, the RPP has been revised to reflect changes in the
license and the licensee's organization. The purpose of this revision
is to incorporate the revised RPP, which was submitted as an appendix
to the proposed DP.
Since the Cimarron site has been in decommissioning status,
materials and equipment, buildings and structures, and surface and
subsurface soils have been decommissioned and much of the original site
has been released from license. Previous licensees of the site relied
on monitored natural attenuation to reduce uranium concentrations in
the groundwater to levels that would meet the NRC's criteria for
unrestricted use. However, in some portions of the site, uranium in the
groundwater exceeds the NRC's criteria for unrestricted use. Should the
NRC accept CERT'S request to incorporate the proposed DP into the
license, pursuant to License Condition 27(b), CERT will begin active
groundwater remediation with the goal of meeting the 180 picoCuries per
liter total uranium criteria for unrestricted use to enable NRC to
terminate License SNM-928.
Upon completion of an acceptance review, the NRC found the
application acceptable for a detailed technical review (ADAMS Package
Accession No. ML19056A513). Prior to issuance of the requested license
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. The NRC's findings will be documented in a safety
evaluation report. The NRC will also perform an environmental
assessment in accordance with the requirements of the National
Environmental Policy Act and the NRC's regulations.
III. Notice and Solicitation of Comments
In accordance with section 20.1405 of title 10 of the Code of
Federal Regulations (10 CFR), the Commission is providing notice and
soliciting comments from local and State governments in the vicinity of
the site and any Indian Nation or other indigenous people that have
treaty or statutory rights that could be affected by the
decommissioning. This notice and solicitation of comments is published
pursuant to 10 CFR 20.1405, which provides for publication in the
Federal Register and in a forum, such as local newspapers, letters to
State or local organizations, or other appropriate forum, that is
readily accessible to individuals in the vicinity of the site. Comments
should be provided by May 10, 2019.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and
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telephone number of the petitioner; (2) the nature of the petitioner's
right under the Act to be made a party to the proceeding; (3) the
nature and extent of the 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 petitioner's
interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in 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 must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which 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 the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) 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.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the 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) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
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 no later
than 60 days from the date of publication of this notice. 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 set forth in this section.
Alternatively, a State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
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
his or her 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. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), 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 that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at http://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-
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free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is
available between 9 a.m. and 6 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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, on April 4, 2019.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-07028 Filed 4-9-19; 8:45 am]
BILLING CODE 7590-01-P