Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 14437 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2011–0055] 

Economic Simplified Boiling Water 

Reactor Standard Design: GE Hitachi 

Nuclear Energy; Issuance of Final 

Design Approval 

The U.S. Nuclear Regulatory 

Commission has issued a final design 

approval (FDA) to GE Hitachi Nuclear 

Energy (GEH) for the economic 

simplified boiling water reactor 

(ESBWR) standard design under Subpart 

E, ‘‘Standard Design Approvals,’’ of Title 

10 of the Code of Federal Regulations 

(10 CFR) part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants.’’ This FDA allows 

the ESBWR standard design to be 

referenced in an application for a 

construction permit or operating license 

under 10 CFR part 50, ‘‘Domestic 

Licensing of Production and Utilization 

Facilities,’’ or an application for a 

combined license or manufacturing 

license under 10 CFR part 52. In 

addition, the Commission has issued the 

final safety evaluation report (FSER) 

(Agencywide Documents Access and 

Management System (ADAMS) 

Accession No. ML102850376) that 

supports issuance of the FDA. 

Issuance of this FDA signifies 

completion of the NRC staff’s technical 

review of GEH’s ESBWR design. The 

NRC staff performed its technical review 

of the ESBWR design control document 

in accordance with the standards for 

review of standard design approval 

applications set forth in 10 CFR 52.139, 

‘‘Standards for Review of Applications,’’ 

as modified by the exemptions 

identified in Section 1.8 of the NRC’s 

FSER. 

On the basis of its evaluation and 

independent analyses, as described in 

the FSER, the NRC staff concludes that 

GEH’s application for standard design 

approval meets the applicable portions 

of 10 CFR 52.137, ‘‘Content of 

Applications; Technical Information,’’ 

and the review standards identified in 

10 CFR 52.139, except for those review 

standards subject to the exemptions 

identified in Section 1.8 of the FSER. 

Copies of the ESBWR FSER and FDA 

have been placed in the NRC’s Public 

Document Room, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852, for review and copying by 

interested persons. 

Dated at Rockville, Maryland, this 9th day 

of March 2011. 

For the Nuclear Regulatory Commission. 

David B. Matthews, 

Director, Division of New Reactor Licensing, 

Office of New Reactors. 

[FR Doc. 2011–6129 Filed 3–15–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 040–0299; NRC–2011–0054] 

Notice of Opportunity To Request a 

Hearing and To Petition for Leave To 

Intervene, License Amendment 

Request From Umetco Minerals 

Corporation for Approval of an Erosion 

Enhancement Design for the Gas Hills 

Reclamation Project; Source Material 

License No. SUA–648 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of receipt of a license 

amendment request and opportunity to 

request a hearing. 

DATES: Requests for a hearing must be 

filed by May 16, 2011. 

ADDRESSES: You can access publicly 

available documents related to this 

notice using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The ADAMS 

accession number for the documents 

related to this notice are: 

ML1036402653, and ML110340384. 

FOR FURTHER INFORMATION CONTACT: 

Dominick A. Orlando, Senior Project 

Manager, Special Projects 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: 

301–415–6749; fax number: 301–415– 

5369; e-mail: 

Dominick.Orlando@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Umetco Minerals Corporation 

(Umetco) uranium mill site is located in 

the East Gas Hills area of central 

Wyoming, 50 miles (80 km) southeast of 

Riverton, and west of East Canyon 

Creek. The Umetco site is licensed by 

the U.S. Nuclear Regulatory 

Commission (NRC) under Source 

Materials License SUA–648 to possess 

byproduct material in the form of 

uranium mill waste tailings, as well as 

other radioactive wastes generated by 

past milling operations. 

The mill operated from 1960 to 1979 

and has been dismantled. The current 

Umetco site consists of three primary 

tailings disposal areas on the 1,920 acre 

parcel—the 170 acre Above Grade 

Tailings Impoundment (AGTI), the 55 

acre A–9 Repository, and the 60 acre 

Heap Leach area. In addition, the Gas 

Hills Pond No. 2 area, adjacent to the 

AGTI and Heap Leach area, also 

contains waste from heap leach 

operations. 

Monitoring and inspection activities 

performed by Umetco of the AGTI and 

A–9 Reclamation covers have identified 

isolated shallow incisions of the 

underlying cover soils in isolated 

locations on the AGTI and A–9 covers. 

Subsequent field investigations and 

review of approved design documents 

by Umetco has identified what Umetco 

believes is the cause of the sub-grade 

erosion. The cause identified by Umetco 

is an error in the calculation of the 

interstitial velocity for determining if a 

filter or bedding layer is necessary in 

the erosion protection design. Umetco 

stated that they had completed a review 

of approved designs associated with all 

reclamation cover systems constructed 

at the site to ensure the design 

deficiency is confined to AGTI and A– 

9 and that other potential contributing 

factors are adequately addressed. 

In a letter dated December 21, 2010, 

Umetco requested NRC approval of a 

design for various erosion protection 

enhancements for the AGTI, the A–9 

Repository, the Launch Rock area 

located at the eastern toe of the AGTI, 

and an area located adjacent to the 

southeast corner of the reclamation 

cover toe (ADAMS Accession No. 

ML1036402653). 

An administrative review, 

documented in an e-mail to Umetco 

dated January 31, 2011 (ADAMS 

Accession No. ML110340384), found 

Umetco’s request acceptable to begin a 

formal technical review. If the NRC 


jlentini on DSKJ8SOYB1PROD with NOTICES
14438 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 

approves the request, the approval will 

be documented by amending NRC 

License No. SUB–648. The license will 

be revised by adding a license condition 

describing the erosion protection 

enhancements and any changes thereto 

or related requirements arising from the 

NRC’s safety review. However, before 

approving Umetco’s request and 

amending NRC License No. SUB–648, 

the NRC will need to make the findings 

required by the Atomic Energy Act of 

1954, as amended (the Act), and the 

NRC’s regulations. These findings will 

be documented in a Safety Evaluation 

Report and an environmental analysis. 

II. Opportunity To Request a Hearing/ 

Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this notice, any person(s) 

whose interest may be affected by this 

action may file a request for a hearing 

and a petition to intervene with respect 

to issuance of the amendment to the 

subject license. Requests for a hearing 

and a petition for leave to intervene 

shall be filed in accordance with the 

Commission’s ‘‘Rules of Practice for 

Domestic Licensing Proceedings’’ in 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 2. Interested 

person(s) should consult a current copy 

of 10 CFR 2.309, which is available at 

the Commission’s Public Document 

Room (PDR), located at One White Flint 

North, Public File Area O1 F21, 11555 

Rockville Pike (first floor), Rockville, 

Maryland (or call the PDR at 800–397– 

4209 or 301–415–4737). NRC 

regulations are also accessible 

electronically from the NRC’s Electronic 

Reading Room on the NRC Web site at 

http://www.nrc.gov. 

If a request for a hearing and a 

petition for leave to intervene is filed by 

the above date, the Commission or a 

presiding officer designated by the 

Commission or by the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel, will 

rule on the request and petition; and the 

Secretary or the Chief Administrative 

Judge of the Atomic Safety and 

Licensing Board will issue a notice of a 

hearing or an appropriate order. 

As required by 10 CFR 2.309, a 

petition for leave to intervene shall set 

forth with particularity the interest of 

the petitioner in the proceeding, and 

how that interest may be affected by the 

results of the proceeding. The petition 

must provide the name, address, and 

telephone number of the petitioner and 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the petitioner’s 

right under the Act to be made a party 

to the proceeding; (2) the nature and 

extent of the petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any decision or order that may be 

entered in the proceeding on the 

petitioner’s interest. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the petitioner must provide 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinions which 

support the position of the petitioner 

and on which the petitioner intends to 

rely at hearing, together with references 

to the specific sources and documents 

on which the petitioner intends to rely. 

Finally, the petition must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact, including references to specific 

portions of the application for 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the petitioner’s 

belief. Each contention must be one 

that, if proven, would entitle the 

petitioner to relief. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Atomic Safety and Licensing Board 

will set the time and place for any 

prehearing conferences and evidentiary 

hearings, and the appropriate notices 

will be provided. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Atomic Safety and Licensing Board or a 

Presiding Officer that the petition 

should be granted and/or the 

contentions should be admitted based 

upon a balancing of the factors specified 

in 10 CFR 2.309(c)(1)(i)–(viii). 

A State, county, municipality, 

Federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

party under 10 CFR 2.309(d)(2). The 

petition should state the nature and 

extent of the petitioner’s interest in the 

proceeding. The petition should be 

submitted to the Commission by May 

16, 2011. Non-timely filings will not be 

entertained absent a determination by 

the presiding officer that the petition or 

request should be granted or the 

contentions should be admitted, based 

on a balancing of the factors specified in 

10 CFR 2.309(c)(1)(i)–(viii). The petition 

must be filed in accordance with the 

filing instructions in section IV of this 

document, and should meet the 

requirements for petitions for leave to 

intervene set forth in this section, 

except that State and Federallyrecognized Indian Tribes do not need to 

address the standing requirements in 10 

CFR 2.309(d)(1) if the facility is located 

within its boundaries. The entities listed 

above could also seek to participate in 

a hearing as a nonparty pursuant to 10 

CFR 2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission to 

make a limited appearance pursuant to 

the provisions of 10 CFR 2.315(a). A 

person making a limited appearance 

may make an oral or written statement 

of position on the issues, but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to such 

limits and conditions as may be 

imposed by the Atomic Safety and 

Licensing Board. Persons desiring to 

make a limited appearance are 

requested to inform the Secretary of the 

Commission by May 16, 2011. 

III. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). The EFiling rule requires participants to 

submit and serve all adjudicatory 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 14439 

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 an exemption 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 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at 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 (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

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. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through the NRC’s E-Filing 

system, users will be required to install 

a Web browser plug-in from the NRC 

Web site. Further information on the 

Web-based submission form, including 

the installation of the Web browser 

plug-in, is available on the NRC’s public 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant 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/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

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 

E-Filing system also distributes an email 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 may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

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 firstclass 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. A presiding 

officer, having granted an exemption 

request from using E-Filing, may require 

a participant or party to use E-Filing if 

the presiding officer subsequently 

determines that the reason for granting 

the exemption from use of E-Filing no 

longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd1.nrc.gov/EHD/, unless excluded 

pursuant to an order of the Commission, 

or the 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, 

unless an NRC regulation or other law 

required submission of such 

information. 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. 

Dated at Rockville, Maryland, this 7th day 

of March 2011. 

For the U.S. Nuclear Regulatory 

Commission. 

Keith I. 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. 2011–6128 Filed 3–15–11; 8:45 am] 

BILLING CODE 7590–01–P 

RECOVERY ACCOUNTABILITY AND 

TRANSPARENCY BOARD 

[Doc. No. 11–002] 

No FEAR Act Notice 

AGENCY: Recovery Accountability and 

Transparency Board. 

ACTION: Notice. 

SUMMARY: The Recovery Accountability 

and Transparency Board (Board) is 

providing notice to its employees, 

former employees, and applicants for 

Board employment about the rights and 

remedies available to them under the 

Federal antidiscrimination, 

whistleblower protection, and 

retaliation laws. This notice fulfills the 

Board’s initial notification under the 

Notification and Federal Employee 


jlentini on DSKJ8SOYB1PROD with NOTICES