[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Pages 75357-75359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27492]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-9022]


Notice of Consideration of an Amendment Request Transferring the 
License for Hartley and Hartley Landfill Site, Kawkawlin Township, 
Michigan, From SCA Services to SC Holdings, Inc., and Opportunity to 
Provide Comments and Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice and opportunity to provide comments and request a 
hearing.

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DATES: Comments must be provided by January 18, 2005. Requests for a 
hearing must be provided by January 5, 2005.

FOR FURTHER INFORMATION CONTACT: David Nelson, Project Manager, 
Materials Decommissioning Section, Decommissioning Directorate, 
Division of Waste Management and Environmental Protection, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Telephone: (301) 415-3017; fax 
number: (301) 415-5397; e-mail: <a href="/cdn-cgi/l/email-protection#5e343c361e302c3d70393128"><span class="__cf_email__" data-cfemail="a7cdc5cfe7c9d5c489c0c8d1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering issuance of 
a license amendment to Material License No. SUC-1565 issued to SCA 
Services (the licensee), to authorize transfer of its license to SC 
Holdings, Inc. License No. SUC-1565 was issued on June 14, 1995, to SCA 
Services under Title 10 of the Code of Federal Regulations (10 CFR) 
part 40 and authorizes SCA Services to possess radioactive materials on 
site leading to decommissioning of the site.
    Pursuant to 10 CFR 40.44, no license issued or granted under the 
regulations in part 40 shall be transferred, assigned, or in any manner 
disposed of, either voluntarily or involuntarily, directly or 
indirectly, through transfer of control of any license to any person 
unless the Commission shall, after securing full information that the 
transfer is in accordance with the provisions of the Atomic Energy Act 
of 1954, as amended (AEA), and shall give its consent in writing. 
Therefore, before the issuance of an amendment, the NRC will have made 
the findings required by the AEA, and NRC's regulations. These findings 
will be documented in a Safety Evaluation Report. An Environmental 
Assessment (EA) will not be performed because, pursuant to 10 CFR 
51.22(c)(21), this action is categorically

[[Page 75358]]

excluded from the requirement to perform an EA.

II. Opportunity To Provide Written Comments

    The NRC hereby provides notice that this is a proceeding regarding 
an application for a license amendment regarding the transfer of NRC 
License No. SUC-1565 from SCA Services to SC Holdings, Inc. In 
accordance with 10 CFR 2.1305, any person may submit written comments 
regarding this license transfer to the NRC as an alternative to 
requests for hearings and petitions to intervene. Comments with respect 
to this action should be provided in writing by January 18, 2005. 
Comments should be addressed to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff. Written comments should also be transmitted to the 
Secretary of the Commission either by means of facsimile transmission 
to (301) 415-1101, or by e-mail to <a href="/cdn-cgi/l/email-protection#1f4c5a5c465f716d7c31787069"><span class="__cf_email__" data-cfemail="287b6d6b7168465a4b064f475e">[email protected]</span></a>. Comments received 
after 30 days will be considered if practicable to do so, but only 
those comments received on or before the due date can be assured 
consideration.

III. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment regarding the transfer of NRC 
License No. SUC-1565 from SCA Services to SC Holdings, Inc. 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 workdays;
    3. E-mail addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, <a href="/cdn-cgi/l/email-protection#e8a0ada9baa1a6afaca7aba3adbca8a6baabc6afa7be"><span class="__cf_email__" data-cfemail="c9818c889b80878e8d868a828c9d89879b8ae78e869f">[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, by delivery to Waste Management, Inc., 700 56th 
Avenue, Zeeland, MI, 49464, Attention: Philip M. Mazor, and,
    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#422d25212f232b2e21272c362730022c30216c252d34"><span class="__cf_email__" data-cfemail="8ee1e9ede3efe7e2edebe0faebfccee0fceda0e9e1f8">[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 5, 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 Atomic Energy 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

[[Page 75359]]

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.
    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.

IV. 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 Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession number for 
the document related to this notice is the August 9, 2004, letter 
requesting that the license be amended, ADAMS Accession No. 
ML042510430. If you do not have access to ADAMS or if there are 
problems accessing the documents located in ADAMS, contact the NRC's 
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#23534751634d51400d444c55"><span class="__cf_email__" data-cfemail="deaebaac9eb0acbdf0b9b1a8">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, 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 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#3a4a5e487a544859145d554c"><span class="__cf_email__" data-cfemail="770713053719051459101801">[email protected]</span></a>.

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

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning Directorate, Division of Waste 
Management and Environmental Protection, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 04-27492 Filed 12-15-04; 8:45 am]
BILLING CODE 7590-01-P


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