[Federal Register: October 22, 1998 (Volume 63, Number 204)]
[Notices]               
[Page 56667]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc98-115]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-3453 and License No. SEA-917]

 
Atlas Corporation

AGENCY: Nuclear Regulatory Commission.

ACTION: Receipt of petition for Director's Decision under 10 CFR 2.206.

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    Notice is hereby given that a request for Hearing and Petition for 
Leave to Intervene (Petition) filed by the State of Utah (State) has 
been referred by the Atomic Safety and Licensing Board (ASLB) to be 
treated as a petition under 10 CFR 2.206.
    On August 2, 1988, Atlas Corporation (Atlas), 370 Seventeenth 
Street, Suite 3050, Denver, Colorado 80202, submitted an application 
for a license amendment to revise its site reclamation plan for uranium 
mill tailings at its site near Moab, Utah. On April 4, 1994, notice of 
Receipt of Application and notice of opportunity for hearing on the 
application were published in the Federal Register. 59 Fed. Reg. 16,665 
(1994). On July 13, 1998, the State filed its Petition stating that if 
the Petition is found to be untimely that it be treated as a 10 CFR 
2.206 petition in accordance with 10 CFR 2.1205(l)(2). The Petition was 
filed by Denise Chancellor, Assistant Attorney General on behalf of the 
State. By Memorandum and Order dated August 13, 1998, the ASLB 
determined that the Petition was inexcusably late and would be treated 
as a petition under 10 CFR 2.206 in accordance with 10 CFR 
2.1205(l)(2).
    In its Petition the State asserts that if Atlas were to proceed 
with its reclamation plan as approved by the Nuclear Regulatory 
Commission, it would be in violation of 10 CFR Part 40, Appendix A. 
More specifically, the State asserts that the rock apron design 
(armoring the tailings pile) does not provide `` `reasonable assurance' 
against engineering failure at the Atlas Uranium Tailings Site, and, 
thus does not satisfy Appendix A.'' As bases for its assertion, Utah 
stated that the unpredictability of flood events, erosion, and 
vegetation growth along the river banks makes computation of the 
probability of river migration extremely difficult and that, therefore, 
conservatism should be built into how the tailings pile is armored.
    The Petition has been referred to the Director of the Office of 
Nuclear Material Safety and Safeguards. As provided by Section 2.206, 
appropriate action will be taken on this Petition within a reasonable 
time. A copy of the Petition is available for inspection at the 
Commission's Public Document Room at 2120 L Street, NW, Washington, DC 
20555.

FOR FURTHER INFORMATION CONTACT: Myron Fliegel, Petition Manager, 
Telephone (301) 415-6629.

    Dated at Rockville, Maryland, this 16th day of October, 1998.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Deputy Director, Division of Waste Management, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 98-28357 Filed 10-21-98; 8:45 am]
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