Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 47287 

application dated November 5, 2008, 

and its supplement dated January 29, 

2009 (on environmental issues). 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, 11555 Rockville Pike 

(first floor), Rockville, Maryland 20852. 

Publicly available records will be 

accessible electronically from the 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room on the NRC 

Web site, http://www.nrc.gov/readingrm/adams.html. Persons who do not 

have access to ADAMS or who 

encounter problems in accessing the 

documents located in ADAMS should 

contact the NRC PDR Reference staff at 

1–800–397–4209, or 301–415–4737, or 

send an e-mail to pdr.Resource@nrc.gov. 

Dated at Rockville, Maryland, this 28th day 

of August 2009. 

For the Nuclear Regulatory Commission. 

Lois James, 

Branch Chief, Plant Licensing Branch III–1, 

Division of Operating Reactor Licensing, 

Office of Nuclear Reactor Regulation. 

[FR Doc. E9–22127 Filed 9–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–36; NRC–2009–0278] 

Notice Extending the Deadline for 

Requesting a Hearing and Correcting 

Information Regarding the Procedure 

for Requesting a Hearing on a License 

Amendment Application Filed by 

Westinghouse Electric Company LLC 

for the Hematite Decommissioning 

Project, Festus, MO 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice extending the deadline 

for requesting a hearing and correcting 

information regarding the procedure for 

requesting a hearing. 

DATES: Any request for a hearing must 

be filed by October 5, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

J. Hayes, Project Manager, Materials 

Decommissioning Branch, Division of 

Waste Management and Environmental 

Protection, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Two White 

Flint North, Mail Stop T8F5, 11545 

Rockville Pike, Rockville, Maryland 

20852–2738; Telephone: (301) 415– 

5928; fax number: (301) 415–5928; email: john.hayes@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

On July 6, 2009, the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) provided notice in the 

Federal Register of the opportunity to 

request a hearing on Westinghouse 

Electric Company LLC’s application for 

a license amendment that would allow 

it to dispose of NRC-licensed material at 

a U.S. Ecology facility near Grand View, 

Idaho. The deadline for requesting a 

hearing stated in the Federal Register 

notice was September 4, 2009. 

The NRC is extending the deadline for 

requesting a hearing on Westinghouse’s 

application until October 5, 2009. The 

NRC is also providing corrected 

information regarding the procedure for 

requesting a hearing. As explained 

below, any hearing request must be 

served in accordance with the NRC’s EFiling rules in Subpart C of 10 CFR Part 

2. Finally, the NRC is providing a 

corrected reference number for one 

document listed in the July 6, 2009 

Federal Notice. 

II. Background 

By letter dated May 21, 2009, the NRC 

received a license amendment 

application from Westinghouse Electric 

Company LLC (WEC or the licensee), 

pertaining to its planned disposal of 

NRC-licensed source, byproduct and 

special nuclear material. Regarding this 

material, WEC seeks approval, pursuant 

to 10 CFR 20.2002, of proposed disposal 

procedures which are not otherwise 

authorized by NRC regulations. WEC 

holds NRC License No. SNM–00033, 

which authorizes the licensee to 

conduct decommissioning activities at 

its former fuel cycle facility located in 

Festus, Missouri. The amendment 

request seeks authorization allowing 

WEC to transfer decommissioning waste 

to U.S. Ecology Idaho, Inc., a Resource 

Conservation and Recovery Act (RCRA) 

Subtitle C disposal facility located near 

Grand View, Idaho. This facility is 

regulated by the Idaho Department of 

Environmental Quality, and is not an 

NRC-licensed facility. Pursuant to 10 

CFR 30.11 and 70.17, WEC’s application 

also requested exemptions from the 

licensing requirements of 10 CFR 30.3 

and 70.3 for the byproduct and special 

nuclear material it seeks to transfer. 

These exemptions are necessary because 

the disposal of byproduct and special 

nuclear material must occur at a facility 

licensed to possess such material, and 

the U.S. Ecology Idaho facility has no 

NRC license. 

An NRC administrative review, 

documented in a letter to Westinghouse 

dated June 19, 2009, found the alternate 

disposal application acceptable to begin 

a technical review. If the NRC approves 

the Westinghouse request, the approval 

will be documented in an amendment to 

NRC License No. SNM–00033. 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 

the National Environmental Policy Act. 

These findings will be documented, 

respectively, in a Safety Evaluation 

Report (SER), and in a separate 

environmental assessment performed by 

the NRC. 

III. Opportunity To Request a Hearing 

On July 6, 2009, the NRC provided 

notice of Westinghouse’s application for 

the license amendment described above. 

In accordance with the general 

requirements in Subpart C of 10 CFR 

Part 2, 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. Any person filing a hearing 

request must do so by October 5, 2009. 

As required by 10 CFR 2.309, a 

hearing request or petition for leave to 

intervene shall set forth with 

particularity the interest of the 

requestor/petitioner in the proceeding 

and how that interest may be affected by 

the results of the proceeding. The 

request should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements: (1) 

The name, address and telephone 

number of the requestor or petitioner; 

(2) the nature of the requestor’s/ 

petitioner’s right under the Act to be 

made a party to the proceeding; (3) the 

nature and extent of the requestor’s/ 

petitioner’s property, financial, or other 

interest in the proceeding; and (4) the 

possible effect of any decision or order 

which may be entered in the proceeding 

on the requestor’s/petitioner’s interest. 

The petition must also identify the 

specific contentions that the requestor/ 

petitioner seeks to have litigated at the 

proceeding. 

Each contention must consist of a 

specific statement of the issue of law or 

fact to be raised or controverted. In 

addition, the person submitting the 

hearing request or petition to intervene 

must provide a brief explanation of the 

bases for the contention and a concise 

statement of the alleged facts or expert 

opinion that support the contention and 

on which the requester intends to rely 

in proving the contention at the hearing. 

The requestor must also provide 

references to those specific sources and 

documents of which the requester is 


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47288 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 

aware and on which the requestor 

intends to rely to establish those facts or 

expert opinion. The hearing request 

must include sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. Contentions shall be limited to 

matters within the scope of the 

amendment under consideration. The 

contention must be one which, if 

proven, would entitle the petitioner/ 

requestor to relief. A requestor/ 

petitioner who fails to satisfy these 

requirements with respect to at least one 

contention will not be permitted to 

participate as a party. 

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. 

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, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). The E-Filing 

process requires participants to submit 

and serve all adjudicatory 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 

requestor/petitioner should contact the 

Office of the Secretary by e-mail at 

HEARING.DOCKET@NRC.GOV, or by 

calling (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/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

requestor/petitioner will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

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/applycertificates.html. 

Once a requestor/petitioner has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, he or she 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 filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE 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 through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

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

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a 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 requires 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 

submissions. 

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 

Documents 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 are: Request for Alternate 

Disposal Approval and Exemption for 

Specific Hematite Project Waste 

(ML091480071) (this number corrects 

the reference provided in the July 6, 

2009 Federal Register Notice); and 

Review Acceptance Letter to 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 47289 

Westinghouse on 10 CFR 20.2002 

Alternate Disposal Request for Hematite 

(ML091690253). 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 pdr.resource@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR) at 11555 Rockville Pike, 

Rockville, Maryland 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Rockville, Maryland, this 4th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Keith 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. E9–22183 Filed 9–14–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0403] 

Notice of Opportunity for Public 

Comment on the Proposed Model 

Safety Evaluation for Plant-Specific 

Adoption of Technical Specification 

Task Force Traveler-446, Revision 3, 

‘‘Risk Informed Evaluation of 

Extensions to Containment Isolation 

Valve Completion Times (WCAP– 

15791)’’ 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of opportunity for public 

comment. 

SUMMARY: The NRC is requesting public 

comment on the enclosed proposed 

model safety evaluation, model no 

significant hazards consideration 

determination, and model application 

for plant-specific adoption of Technical 

Specification Task Force (TSTF) 

Traveler-446, Revision 3, ‘‘Risk 

Informed Evaluation of Extensions to 

Containment Isolation Valve 

Completion Times (WCAP–15791).’’ 

The TSTF Traveler-446, Revision 3 is 

available in the Agencywide Documents 

Access Management System (ADAMS) 

under Accession Number 

ML080510164. The proposed changes 

would revise technical specification 

(TS) containment isolation valve (CIV) 

completion times for Westinghouse 

plants. This model safety evaluation 

will facilitate expedited approval of 

plant-specific adoption of TSTF 

Traveler-446, Revision 3. 

DATES: Comment period expires October 

15, 2009. Comments received after this 

date will be considered, if it is practical 

to do so, but the Commission is able to 

ensure consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2009– 

0403 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0403. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch (RDB), Division of 

Administrative Services, Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RDB at (301) 492– 

3446. 

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, Public 

File Area O–1 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 Proposed 

Model Safety Evaluation for PlantSpecific Adoption of Technical 

Specification Task Force Traveler-446, 

Revision 3, ‘‘Risk Informed Evaluation 

of Extensions to Containment Isolation 

Valve Completion Times (WCAP– 

15791)’’ is available electronically under 

ADAMS Accession Number 

ML092260664. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2009–0403. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Michelle C. Honcharik, Senior Project 

Manager, Special Projects Branch, Mail 

Stop: O–12 D1, Division of Policy and 

Rulemaking, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC, 20555– 

0001; telephone 301–415–1774 or e-mail 

at michelle.honcharik@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This notice provides an opportunity 

for the public to comment on proposed 

changes to the Standard TS (STS) after 

a preliminary assessment and finding by 

the NRC staff that the agency will likely 

offer the changes for adoption by 

licensees. This notice solicits comment 

on a proposed change to the STS that 

modifies the TS. The NRC staff will 

evaluate any comments received for the 

proposed change to the STS and 

reconsider the change or announce the 

availability of the change for adoption 

by licensees. Licensees opting to apply 

for this TS change are responsible for 

reviewing the NRC staff’s evaluation, 

referencing the applicable technical 

justifications, and providing any 

necessary plant-specific information. 

The NRC will process and note each 

amendment application responding to 

the notice of availability according to 

applicable NRC rules and procedures. 

Applicability 

TSTF Traveler-446, Revision 3, is 

applicable to all Westinghouse nuclear 

power reactors. The Traveler requires 

that a licensee’s plant-specific 

application must: (a) address or meet 

the requirements stated in Pressurized 

Water Reactor Owners’ Group (PWROG) 

(formerly Westinghouse Owners’ Group) 

Topical Report (TR) WCAP–15791–NP– 


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