[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Notices]
[Page 40855-40857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au09-89]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0352; Docket No. 40-9083]
Notice of License Application Request of U.S. Army Installation
Command for Schofield Barracks, Oahu, HI, and Pohakuloa Training Area,
Island of Hawaii, HI; and Notice of Opportunity for Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license application and opportunity to request a
hearing.
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DATES: A request for a hearing must be filed by October 13, 2009.
FOR FURTHER INFORMATION CONTACT: John Hayes, Senior Project Manager,
Materials Decommissioning Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: (301) 415-5928; fax number: (301) 415-
5369; e-mail: John.Hayes@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letters dated November 6, 2008, and July 8, 2009, the U.S. Army
Installation Command submitted a Source Material License application to
the Nuclear Regulatory Commission (NRC), for the Schofield Barracks and
Pohakuloa Training Area (PTA) sites in Oahu and the Island of Hawaii,
Hawaii. This license application is for possession of depleted uranium
(DU) due to the potential for residual DU to be at various Army
Installations where testing of the M101 Spotting Round has occurred.
An NRC administrative review, documented in a letter to the U.S.
Army Installation Command dated August 3, 2009, found the generic and
site specific security and environmental radiation monitoring plans
submitted by the applicant acceptable to begin a technical and
environmental review. Before approving the license application, the NRC
will need to make the findings required by the Atomic Energy Act of
1954, as amended, and the NRC's regulations. These findings will be
documented in a Safety Evaluation Report (SER) and a site-specific
Environmental Review consistent with the provisions of 10 CFR Part 51.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a source material license submitted by the U.S. Army
Installation Command to possess depleted uranium at the Schofield
Barracks and PTA sites in Oahu and the Island of Hawaii, Hawaii. 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 in accordance with the NRC E-Filing rule,
which the NRC promulgated on August 28, 2007 (72 FR 49139). All
documents filed in NRC adjudicatory proceedings, including documents
filed by interested governmental entities participating under 10 CFR
2.315(c) and any motion or other document filed in the proceeding prior
to the submission of a request for hearing or petition to intervene,
must be filed in accordance with the E-Filing rule. The E-Filing rule
requires participants to submit and serve all adjudicatory 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
should contact the Office of the Secretary by e-mail at
HEARING.DOCKET@NRC.GOV, or by calling (301) 415-1677, to request: (1) A
digital ID certificate, which allows the participant (or its counsel or
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 using the agency's adjudicatory e-
filing system
[[Page 40856]]
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 Meta-System Help Desk, which is available between 8
a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding
government holidays. The Meta-System Help Desk can be contacted by
telephone at 1-866-672-7640 or by e-mail at MSHD.Resource@nrc.gov.
Participants who believe that they have a good cause for not
submitting documents electronically must, in accordance with 10 CFR
2.302(g), file an exemption request 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.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii).
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 social
security 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 submission.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by October 13, 2009.
In addition to meeting other applicable requirements of 10 CFR
2.309, 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
petition 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 petition is to be filed, such as the application or other
supporting document filed by an applicant or licensee, or otherwise
available to the petitioner. The requester/petitioner may amend those
contentions or file new contentions if there are data or conclusions in
the NRC documents that differ significantly from the data or
conclusions in the applicant's documents. Otherwise, contentions may be
amended or new contentions filed after the initial filing only with
leave of the presiding officer.
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 accordance with the E-Filing rule, 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.
III. Further Information
Documents related to this action, including the November 6, 2008,
and July 8, 2009 application and the supporting documentation (i.e.,
Environmental Radiation Plan and Security Plan), 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 Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The ADAMS
accession numbers for the documents related to this notice are:
ML090070095, ``US Department of Army Installations Application for
Materials License;'' ML091950280, ``Memorandum on Security and
Environmental Radiation Monitoring Plans;'' and ML092150316,
``Acknowledgement of Receipt of Generic and Site Specific Security and
Environmental Radiation Monitoring
[[Page 40857]]
Plans.'' 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 Public Document Room (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 Rockville, Maryland, this 5th day of August, 2009.
For the Nuclear Regulatory Commission.
Keith McConnell,
Deputy Director,
Decommissioning and Uranium Recovery, Licensing Directorate,
Division of Waste Management and Environmental Protection, Office of
Federal and State Materials and Environmental Management Programs.
[FR Doc. E9-19449 Filed 8-12-09; 8:45 am]
BILLING CODE 7590-01-P