[Federal Register: May 8, 2009 (Volume 74, Number 88)]
[Notices]
[Page 21720-21722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my09-109]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0201; DOCKET NO. 03003754]
Notice of Consideration of Amendment Request for Decommissioning
of ABB Inc.'s CE Windsor Site In Windsor, CT, and Opportunity to
Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment request and opportunity to request a
hearing.
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DATES: A request for a hearing must be filed by July 7, 2009.
FOR FURTHER INFORMATION CONTACT: James Schmidt, Health Physicist,
Decommissioning Branch, Division of Nuclear Materials Safety, Region I,
475 Allendale Road, King of Prussia, Pennsylvania 19406; telephone
(610) 337-5276; fax number (610) 337-5269; or by e-mail:
jim.schmidt@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuance of
a license amendment to Materials License No. 06-00217-06 issued to ABB
Inc. (the Licensee), to authorize remediation and decommissioning of
several Formally Utilized Sites Remedial Action Program (FUSRAP) areas
of its CE Windsor Site (the Facility) in Windsor, Connecticut. The
clean-up work for the FUSRAP areas will be performed under a proposed
revision to the Licensee's previously approved Decommissioning Plan
(DP), under which decommissioning work has been performed at the
Facility's non-FUSRAP areas. Authorization for the Licensee to conduct
decommissioning activities for the FUSRAP areas--which ordinarily would
be done by the U.S. Army Corps of Engineers (USACE)--was established
between NRC and USACE by agreement dated August 15, 2007. The Licensee
requested the action to initiate the FUSRAP area decommissioning
activities by a filing dated December 31, 2008. Revision I to the DP is
currently under technical review by the NRC staff.
If the NRC approves the revised DP, the approval will be documented
in an amendment to NRC License No. 06-00217-06. However, before
approving the proposed amendment, the NRC will need to make the safety
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. The NRC will separately evaluate the environmental
aspects of the proposed action, pursuant to its 10 CFR part 51
requirements. The Licensee's revised DP continues to propose eventual
release of the Facility for unrestricted use. This would occur
following completion of all decommissioning activities and verification
by the NRC that the radiological criteria for license termination have
been met.
II. Opportunity to Request a Hearing
The NRC hereby provides notice that this is a proceeding on the
Licensee's application dated December 31, 2008. In accordance with the
general requirements in subpart C of 10 CFR part 2, as amended on
January 14, 2004 (69 FR 2182), any person whose interest may be
affected by this proceeding and who desires to participate as a party
must file a request for a hearing and a specification of the
contentions which the person seeks to have litigated in the hearing.
A request for hearing or a petition for leave to intervene must be
filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve 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 a waiver 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 petitioner/requestor
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) A
digital ID certificate, which allows the participant (or its counsel or
[[Page 21721]]
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding [even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate]. Each petitioner/
requestor will need to download the Workplace Forms ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at http://www.nrc.gov/site-help/e-submittals/install-
viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-
submittals/apply-certificates.html. Once a petitioner/requestor has
obtained a digital ID certificate, had a docket created, and downloaded
the EIE viewer, it 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
public Web site at http://www.nrc.gov/site-help/e-submittals.html. A
filing is considered complete at the time the filer submits its
documents through EIE. To be timely, an electronic filing must be
submitted to the EIE 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 e-mail notice confirming
receipt of the document. The EIE system also distributes an e-mail
notice that provides access to the document to the NRC 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 may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The electronic filing Help Desk can be contacted
by telephone at 1-866-672-7640 or by e-mail at MHSD.Resource@nrc.gov.
Participants who believe that they have a good cause for not submitting
documents electronically must file a motion, 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.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a 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. 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 submissions.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by July 7, 2009.
In addition to meeting the above requirements, a request for a
hearing filed by a person other than an applicant must state:
1. The name, address, and telephone number of the requester;
2. The nature of the requester's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requester's property, financial, or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requester's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309 (f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application that the requester/petitioner disputes and the supporting
reasons for each dispute, or, if the requester/petitioner believes the
application fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requester's/petitioner's belief.
In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the hearing request is filed.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so in writing within ten days of the date the contention is
filed, and designate a representative who shall have the authority to
act for the requester/petitioner.
In accordance with 10 CFR 2.309(g), a request for hearing and/or
petition for leave to intervene may also address the selection of the
hearing procedures, taking into account the provisions of 10 CFR 2.310.
[[Page 21722]]
III. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Documents Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The documents related to this
action are listed below, along with their ADAMS accession numbers.
A. NRC to USACE letter dated August 15, 2007, ``Proposed Process to
Decommission and Cleanup the ABB Windsor Site'' (ML072210979),
B. ABB to NRC letter, with attachments, dated December 31, 2008,
``Application for Amendment of Materials License No. 06-00217-06''
(ML090160123, ML090160128, ML090160370, and ML090160378),
C. ABB report ``CE Windsor Decommissioning Plan, Revision 1
(Previously Identified FUSRAP Areas Except Debris Piles and Site
Brook)'' dated December 2008 (ML090160381, ML090160388, and
ML090160396), and
D. ABB report ``CE Windsor Site Development of Building DCGLs''
dated December 2008 (ML090160458, ML090160469, ML090160478, and
ML090160487).
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr.resource@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Region I, 475 Allendale Road, King of Prussia, PA, this
1st day of May, 2009.
For The Nuclear Regulatory Commission.
Randolph C. Ragland, Jr.,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E9-10720 Filed 5-7-09; 8:45 am]
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