[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Pages 67187-67189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25364]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-36]


Notice of License Amendment Request of Westinghouse Electric 
Company, LLC, Festus, MO, and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment, and opportunity to request a 
hearing.

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DATES: A request for a hearing must be filed by January 18, 2005.

FOR FURTHER INFORMATION CONTACT: Amir Kouhestani, Project Manager, 
Decommissioning Directorate, Division of Waste Management and 
Environmental Protection, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: (301) 415-0023; fax number: (301) 415-5398; e-mail: 
<a href="/cdn-cgi/l/email-protection#dcbdbdb79cb2aebff2bbb3aa"><span class="__cf_email__" data-cfemail="dbbabab09bb5a9b8f5bcb4ad">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) has received, by letter 
dated October 5, 2004, a request from Westinghouse Electric Company, 
LLC, (WEC as the licensee) to amend Chapter 1 of Special Nuclear 
Materials License (No. SNM-33) to allow dismantlement and demolition of 
the building complexes at its Hematite facility located in Festus, 
Missouri. License No. SNM-33 authorizes the licensee to conduct certain 
decontamination activities necessary to reduce the current inventory of 
Atomic Energy Act materials, e.g., packaging and shipping materials and 
to engage in activities necessary to plan for decommissioning of the 
site, e.g., site characterization and maintaining the site in a safe 
condition pending license termination. However, the licensee is 
prohibited from performing building demolition, soil and groundwater 
remediation, and conducting final status surveys until these activities 
are approved by a specific license amendment or an NRC-approved 
Decommissioning Plan. Specifically, the licensee requests authorization 
to dismantle and demolish Hematite facility buildings 101, 110, 115, 
120, 230, 231, 235, 240, 245, 252, 253, 254, 255, 256, 260, and 261, 
all located on approximately ten acres of land at the Westinghouse 
Hematite facility.
    An NRC administrative review, documented in a letter to 
Westinghouse dated October 14, 2004, found the amendment request 
acceptable to begin a technical review. If approved, the authorization 
to dismantle and demolish building, will be documented in an amendment 
to NRC License No. SNM-33. However, before approving the proposed 
amendment, the NRC will need to make the findings required by the 
Atomic Energy Act of 1954, as amended, and NRC's regulations. These 
findings will be documented in a Safety Evaluation Report and an 
Environmental Assessment.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment to Special Nuclear Materials 
License No. SNM-33 to allow dismantlement and demolition of the 
building complexes at the WEC Hematite facility located in Festus, 
Missouri. In accordance with the general requirements in subpart C of 
10 CFR part 2, as amended on January 14, 2004 (69 FR 2182), any person 
whose interest may be affected by this proceeding and who desires to 
participate as a party must file a written request for a hearing and a 
specification of the contentions which the person seeks to have 
litigated in the hearing.
    In accordance with 10 CFR 2.302 (a), a request for a hearing must 
be filed with the Commission either by:
    1. First class mail addressed to: Office of the Secretary, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications;
    2. Courier, express mail, and expedited delivery services: Office 
of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and 
Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal work 
days;
    3. E-mail addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, <a href="/cdn-cgi/l/email-protection#69212c283b20272e2d262a222c3d29273b2a472e263f"><span class="__cf_email__" data-cfemail="ade5e8ecffe4e3eae9e2eee6e8f9ede3ffee83eae2fb">[email protected]</span></a>; or
    4. By facsimile transmission addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101; 
verification number is (301) 415-1966.
    In accordance with 10 CFR 2.302 (b), all documents offered for 
filing must be accompanied by proof of service on all parties to the 
proceeding or their attorneys of record as required by law or by rule 
or order of the Commission, including:
    1. The applicant, Westinghouse Electric Company, 3300 State Road P, 
Festus, Missouri 63028, Attention: Mr. Henry A. Sepp, Project Director; 
and

[[Page 67188]]

    2. The NRC staff, by delivery to the Office of the General Counsel, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by 
mail addressed to the Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Hearing requests 
should also be transmitted to the Office of the General Counsel, either 
by means of facsimile transmission to (301) 415-3725, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#29464e4a444840454a4c475d4c5b69475b4a074e465f"><span class="__cf_email__" data-cfemail="98f7fffbf5f9f1f4fbfdf6ecfdead8f6eafbb6fff7ee">[email protected]</span></a>.
    The formal requirements for documents contained in 10 CFR 2.304 
(b), (c), (d), and (e), must be met. In accordance with 10 CFR 2.304 
(f), a document filed by electronic mail or facsimile transmission need 
not comply with the formal requirements of 10 CFR 2.304 (b), (c), and 
(d), as long as an original and two (2) copies otherwise complying with 
all of the requirements of 10 CFR 2.304 (b), (c), and (d) are mailed 
within two (2) days thereafter to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff.
    In accordance with 10 CFR 2.309 (b), a request for a hearing must 
be filed by January 18, 2005.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, the general requirements involving 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 
petitions 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 (including the applicant's environmental report and safety 
report) 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, supporting safety 
analysis report, environmental report or other supporting document 
filed by an applicant or licensee, or otherwise available to the 
petitioner. On issues arising under the National Environmental Policy 
Act, the requester/petitioner shall file contentions based on the 
applicant's environmental report. The requester/petitioner may amend 
those contentions or file new contentions if there are data or 
conclusions in the NRC draft, or final environmental impact statement, 
environmental assessment, or any supplements relating thereto, 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.
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters 
discussed or referenced in the Safety Evaluation Report for the 
proposed action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the proposed 
action.
    3. Emergency Planning--primarily concerns issues relating to 
matters discussed or referenced in the Emergency Plan as it relates to 
the proposed action.
    4. Physical Security--primarily concerns issues relating to matters 
discussed or referenced in the Physical Security Plan as it relates to 
the proposed action.
    5. Miscellaneous--does not fall into one of the categories outlined 
above.
    If the requester/petitioner believes a contention raises issues 
that cannot be classified as primarily falling into one of these 
categories, the requester/petitioner must set forth the contention and 
supporting bases, in full, separately for each category into which the 
requester/petitioner asserts the contention belongs with a separate 
designation for that category.
    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 writing 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 application for 
amendment and supporting documentation, 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 Agency wide 
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 is ML042860234. 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 <a href="/cdn-cgi/l/email-protection#86f6e2f4c6e8f4e5a8e1e9f0"><span class="__cf_email__" data-cfemail="83f3e7f1c3edf1e0ade4ecf5">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, located in O-1 F21, One White Flint 
North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.
    ``Please note that on October 25, 2004, the NRC suspended public 
access to ADAMS, and initiated an additional security review of 
publicly available

[[Page 67189]]

documents to ensure that potentially sensitive information is removed 
from the ADAMS database accessible through the NRC's web site. 
Interested members of the public may obtain copies of the referenced 
documents for review and/or copying by contacting the Public Document 
Room pending resumption of public access to ADAMS. The NRC Public 
Document Room is located at NRC Headquarters in Rockville, MD, and can 
be contacted at 800-397-4209 or 301-415-4737 or <a href="/cdn-cgi/l/email-protection#33435741735d41501d545c45"><span class="__cf_email__" data-cfemail="deaebaac9eb0acbdf0b9b1a8">[email protected]</span></a>.''

    Dated in Rockville, Maryland, this 9th day of November, 2004.

    For the Nuclear Regulatory Commission.
Claudia Craig,
Acting Deputy Director, Decommissioning Directorate, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 04-25364 Filed 11-15-04; 8:45 am]
BILLING CODE 7590-01-P


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