[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Notices]
[Pages 69050-69051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28902]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-08794]


Notice of Consideration of Amendment Request for the Molycorp 
Facility at York, PA, and Opportunity for Providing Comments and 
Requesting a Hearing

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of a license amendment to Source Materials License SMB-1408 
issued to Molycorp, Inc., (Molycorp), to allow for an alternate 
decommissioning schedule for its York, PA, site. Molycorp's license 
required Molycorp to decommission by June 2002, which is within 2 years 
of the date that the decommissioning plan was approved. Molycorp was 
granted a three month extension from the regulatory requirements of the 
Timeliness Rule in order to determine if there is a more efficient way 
to complete decommissioning the remaining portion of the site. Molycorp 
submitted an alternate decommissioning schedule in a letter dated 
September 30, 2002. Molycorp proposes to use a phased approach where a 
new site characterization plan is developed and submitted to NRC for 
concurrence prior to the resumption of remediation. Molycorp is to 
submit a revised remediation schedule by February 15, 2003.
    If the NRC approves this request, the approval will be documented 
in a license amendment to NRC License SMB-1408. However, before 
approving the proposed amendment, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended, and 
NRC's regulations. These findings will be documented in a safety 
evaluation report.

II. Opportunity To Request a Hearing

    NRC also provides notice that this is a proceeding on an 
application for an amendment of a license falling within the scope of 
subpart L, ``Informal Hearing Procedures for Adjudication in Materials 
Licensing Proceedings,'' of NRC's rules of practice for domestic 
licensing proceedings in 10 CFR part 2. Whether or not a person has or 
intends to provide comments as set out in section II above, pursuant to 
Sec.  2.1205(a), any person whose interest may be affected by this 
proceeding may file a request for a hearing in accordance with Sec.  
2.1205(d). A request for a hearing must be filed within 30 days of the 
date of publication of this Federal Register notice.
    The request for a hearing must be filed with the Office of the 
Secretary either:
    1. By delivery to the Docketing and Service Branch of the Office of 
the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852; or
    2. By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Docketing and 
Service Branch. Because of continuing disruptions in the delivery of 
mail to United States Government offices, it is requested that requests 
for hearing be also transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101, or by e-mail 
to [email protected].
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    1. The applicant, Molycorp, Inc., PO Box 469, Questa, NM 87556-
0469, Attention: Ray Cherniske, and,
    2. The NRC staff, by delivery to the Office of the General Counsel, 
U.S. Nuclear Regulatory Commission, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852, or by mail addressed to the Office 
of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001. Because of continuing disruptions in the delivery of 
mail to United States Government offices, it is requested that requests 
for hearing be also transmitted to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725, or by e-mail 
to [email protected].
    In addition to meeting other applicable requirements of 10 CFR part 
2 of NRC's regulations, a request for a hearing filed by a person other 
than an applicant must describe in detail:
    1. The interest of the requestor in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with

[[Page 69051]]

particular reference to the factors set out in Sec.  2.1205(h);
    3. The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    4. The circumstance establishing that the request for a hearing is 
timely in accordance with Sec.  2.1205(d).

III. Further Information

    The application for the license amendment and supporting 
documentation are available for inspection at NRC's Public Electronic 
Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html. The June 17, 
2002, request from Molycorp for an extension from the regulatory 
requirements of the Timeliness Rule is in ADAMS at ML021700600. The 
granting of the extension from the Timeliness Rule on June 20, 2002, is 
in ADAMS at ML021680158. The report of a meeting at NRC headquarters 
with Molycorp to discuss its proposed alternate decommissioning 
schedule is in ADAMS at ML022680692. Any questions with respect to this 
action should be referred to Tom McLaughlin, Decommissioning Branch, 
Division of Waste Management, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone: (301) 415-5869. Fax: (301) 415-5398.

    Dated in Rockville, Maryland, this fifth day of November 2002.

    For the Nuclear Regulatory Commission.
Claudia M. Craig,
Acting Chief, Decommissioning Branch, Division of Waste Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-28902 Filed 11-13-02; 8:45 am]
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