[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Notices]
[Pages 14437-14439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6128]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#90e0f4e2bee2f5e3ffe5e2f3f5d0fee2f3bef7ffe6"><span class="__cf_email__" data-cfemail="0d7d697f237f687e62787f6e684d637f6e236a627b">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#1b5f74767275727870355469777a757f745b756978357c746d"><span class="__cf_email__" data-cfemail="6622090b0f080f050d4829140a070802092608140548010910">[email protected]</span></a>.

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

[[Page 14438]]

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 cross-examination 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 Federally-recognized 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 E-Filing rule requires participants to submit and 
serve all adjudicatory

[[Page 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 
<a href="/cdn-cgi/l/email-protection#0169646073686f662f656e626a6475416f73622f666e77"><span class="__cf_email__" data-cfemail="39515c584b50575e175d565a525c4d79574b5a175e564f">[email protected]</span></a>, 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 NRC-
issued 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 E-Submittal 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/site-help/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/e-submittals.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 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 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/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#0c415f4448225e697f63797e6f694c627e6f226b637a"><span class="__cf_email__" data-cfemail="6d203e2529433f081e02181f0e082d031f0e430a021b">[email protected]</span></a>, or by a toll-free 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 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. 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


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