[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Notices]
[Pages 77779-77781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28298]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 30-36574]


Notice of Consideration of Amendment Request for Decommissioning 
for U.S. Army Research Development and Engineering Command, Aberdeen 
Proving Ground, MD, and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

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

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DATES: A request for a hearing must be filed by February 28, 2005.

FOR FURTHER INFORMATION CONTACT: Tom McLaughlin, Project Manager, 
Decommissioning Directorate, Division

[[Page 77780]]

of Waste Management and Environmental Protection, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; Telephone: (301) 415-5869; fax number: (301) 
415-5398; e-mail: <a href="/cdn-cgi/l/email-protection#7004171d301e02135e171f06"><span class="__cf_email__" data-cfemail="2753404a6749554409404851">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering issuance of 
a license amendment to U.S. Army Research Development and Engineering 
Command (Army as the licensee) to amend its License No. 19-10306-02 to 
authorize decommissioning of Building 7304 located in Fort Belvoir, 
Virginia, to allow the termination of this license.
    License No. 19-10306-02 authorizes the licensee to conduct research 
and development as defined in 10 CFR 30.4; provide teaching and 
training of students; conduct calibration and checking of licensee's 
instruments; prepare low level counting standards; and demonstrate 
items being developed and/or tested. The Decommissioning Plan (DP) was 
submitted by the licensee on May 17, 2004. An NRC administrative 
review, documented in a letter to the U.S. Army Research Development 
and Engineering Command on August 24, 2004, found the DP acceptable to 
begin a technical review.
    If the NRC approves the DP, the authorization to dismantle and 
demolish Building 7304 will be documented in an amendment to NRC 
License No. 19-10306-02. 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. The license will be terminated following 
issuance of this amendment and following completion of decommissioning 
activities and verification by the NRC in accordance with 10 CFR 
20.1401.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment to License No. 19-10306-02 to allow 
dismantlement and demolition of Building 7304 at the Army facility 
located in Fort Belvoir, Virginia. 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#5119141003181f16151e121a1405111f03127f161e07"><span class="__cf_email__" data-cfemail="3a727f7b6873747d7e7579717f6e7a746879147d756c">[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, U.S. Army Research Development and Engineering 
Command, 5183 Blackhawk Road, Aberdeen Proving Ground, Maryland 21010, 
Attention: Major General John C. Doesburg, Commander; 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#68070f0b050901040b0d061c0d1a28061a0b460f071e"><span class="__cf_email__" data-cfemail="8be4ece8e6eae2e7e8eee5ffeef9cbe5f9e8a5ece4fd">[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 February 28, 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

[[Page 77781]]

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. Opportunity To Provide Comments

    In accordance with 10 CFR 20.1405, the NRC is providing notice to 
individuals in the vicinity of the site that the NRC has received a 
license amendment request and decommissioning plan from the Army. The 
NRC will accept comments concerning this amendment request and DP. 
Comments with respect to this action should be provided in writing 
within 30 days of this notice and addressed to Mr. Tom McLaughlin, U.S. 
NRC, Washington, DC 20555-0001. 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.

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 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 ML041490071. 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#43332731032d31206d242c35"><span class="__cf_email__" data-cfemail="671703152709150449000811">[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 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.

    Dated at Rockville, Maryland, this 20th day of December, 2004.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Acting Director, Division of Waste Management and Environmental 
Protection, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-28298 Filed 12-27-04; 8:45 am]
BILLING CODE 7590-01-P


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