[Federal Register: May 26, 1999 (Volume 64, Number 101)]
[Notices]               
[Page 28531-28532]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my99-154]

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NUCLEAR REGULATORY COMMISSION

[Docket No.: 040-8778]

 
Receipt of an Amendment Request Regarding the Schedule for 
Submission of a Revised Site Decommissioning Plan and Environmental 
Report for the Molycorp, Washington, Pennsylvania Site (License No. 
SMB-1393) and Opportunity for Hearing

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Source Materials License No. SMB-1393, to 
Molycorp, Incorporated (the licensee), to approve the schedule for 
submission of a revised Site Decommissioning Plan (SDP) and 
Environmental Report (ER) for the Molycorp Washington, Pennsylvania 
(PA) site (License No. SMB-1393).

Background

    The licensee submitted an SDP for its Washington, PA site on August 
14, 1995. The agency's decommissioning criteria in effect at the time 
of the SDP submittal were contained in NRC's ``Action Plan to Ensure 
Timely Cleanup of Site Decommissioning Management Plan Sites,'' (SDMP 
Action Plan) (57 FR 13389; April 16, 1992). Because the cleanup levels 
proposed in the SDP exceeded the SDMP Action Plan criteria, the NRC 
requested, on September 25, 1995, that Molycorp submit additional 
information in the form of an ER to supplement the SDP.
    NRC published its license termination rule (LTR) in 10 CFR Part 20 
Subpart E, ``Radiological Criteria for License Termination,'' in July 
of 1997. Although this new rule supersedes the old SDMP Action Plan 
criteria, the LTR allows a ``grandfathering'' period for use of these 
criteria (10 CFR 20.1401(b)(3)). To be eligible for grandfathering, the 
SDP must have been submitted prior to August 20, 1998, and apply the 
criteria identified in the SDMP Action Plan. Because the proposed 
criteria in the licensee's SDP were not consistent with the SDMP Action 
Plan criteria, the conditions of 10 CFR 20.1401(b)(3), that would 
permit remediation of certain areas of the licensee's site on a 
``grandfathered'' basis, were not met. In a letter dated February 16, 
1999, NRC staff informed the licensee of this finding and notified the 
licensee that the SDP and ER must be revised to reflect the 
requirements of the LTR. The licensee was requested to submit a 
schedule for submission of a revised SDP and ER in the form of a 
license amendment request.

Discussion

    In letters dated April 13 and 20, 1999, the licensee submitted an 
SDP development schedule and a request to amend its license to include 
a submittal date of April 16, 2000, for the revised SDP and ER. Prior 
to the issuance of the proposed amendment, NRC will have made findings 
required by the Atomic Energy Act of 1954, as amended, and NRC's 
regulations.
    The NRC provides notice that this is a proceeding on an application 
for a license amendment falling within the scope of Subpart L, 
``Informal Hearing Procedures for Adjudication in Materials Licensing 
Proceedings,'' of NRC's rules and practice for domestic licensing 
proceedings in 10 CFR Part 2. 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(c). A request for a 
hearing must be filed within thirty (30) days of the date of 
publication of this Federal Register notice.
    In addition to meeting other applicable requirements of 10 CFR part 
2 of the 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 requester in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requester should be permitted 
a hearing, with particular reference to the factors set out in 
Sec. 2.1205(h);
    3. The requester's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and

[[Page 28532]]

    4. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec. 2.1205(d).
    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 Incorporated, 300 Caldwell Avenue, 
Washington, Pennsylvania 15301, Attention Mr. John Daniels, and;
    2. The NRC staff, by delivery to the Secretary, U.S. Nuclear 
Regulatory Commission, One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852-2738, between 7:45 am and 4:15 pm Federal workdays, 
or by mail, addressed to Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff.
    For further details with respect to this action, the application 
for amendment request is available for inspection at the NRC's Public 
Document Room, 2120 L Street NW., Washington, DC 20555.

    Dated at Rockville, Maryland, this 19th day of May 1999.

    For the Nuclear Regulatory Commission.
John W.N. Hickey,
Chief, Decommissioning Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 99-13419 Filed 5-25-99; 8:45 am]
BILLING CODE 7590-01-P