[Federal Register Volume 75, Number 103 (Friday, May 28, 2010)]
[Notices]
[Pages 30074-30077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12764]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-9; NRC-2010-0188]


Notice of Docketing, Proposed Action, and Opportunity for a 
Hearing for Renewal of Special Nuclear Material License No. SMN-2504

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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DATES: A request for hearing and/or petition for leave to intervene 
must be filed no later than 60 days from May 28, 2010.

FOR FURTHER INFORMATION CONTACT: Christopher M. Staab, Project Manager, 
Licensing Branch, Division of Spent Fuel Storage and Transportation, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 492-
3321; fax number: (301) 492-3348; e-mail: <a href="/cdn-cgi/l/email-protection#e98a819b809a9d8699818c9bc79a9d88888ba9879b8ac78e869f"><span class="__cf_email__" data-cfemail="5a39322833292e352a323f2874292e3b3b381a342839743d352c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering an application dated November 10, 2009, from the Department 
of Energy (applicant or DOE) for the renewal of its Special Nuclear 
Material License No. SNM-2504, under the provisions of 10 CFR Part 72, 
for the receipt, possession, storage and transfer of spent fuel, 
reactor-related Greater than Class C (GTCC) waste and other radioactive 
materials associated with spent fuel storage at the Fort St. Vrain 
Independent Spent Fuel Storage Installation (ISFSI), located at the 
Fort St. Vrain site in Platteville, Colorado. If granted, the renewed 
license will authorize the applicant to continue to store spent fuel in 
a dry cask storage system at the applicant's Fort St. Vrain ISFSI. 
Pursuant to the provisions of 10 CFR 72.42, the renewal term of the 
license for the ISFSI would be twenty (20) years. This application was 
docketed under 10 CFR Part 72; the ISFSI Docket No. is 72-9.
    An NRC acknowledgment review, documented in an electronic mail to 
DOE dated December 22, 2009, found that the application contains 
sufficient information for the NRC staff to begin its technical review. 
The Commission will approve the license renewal application if it 
determines that the application meets the standards and requirements of 
the Atomic Energy Act of 1954, as amended (the Act) and the

[[Page 30075]]

Commission's regulations, including the findings required by 10 CFR 
72.40. These findings will be documented in a Safety Evaluation Report. 
The NRC will complete an environmental evaluation, in accordance with 
10 CFR Part 51, to determine if the preparation of an environmental 
impact statement is warranted or if an environmental assessment and 
finding of no significant impact are appropriate. This action will be 
the subject of a subsequent notice in the Federal Register.

II Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for the renewal of Special Nuclear Material License No. 
SNM-2504 issued to DOE for its ISFSI located at the Fort St. Vrain site 
in Platteville, Colorado. Any person whose interest may be affected by 
this proceeding, and who desires to participate as a party, must file a 
request for a hearing and a specification of the contentions which the 
person seeks to have litigated in the hearing, in accordance with the 
NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 
49139).
    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 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 participant should 
contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#90f8f5f1e2f9fef7bef4fff3fbf5e4d0fee2f3bef7ffe6"><span class="__cf_email__" data-cfemail="81e9e4e0f3e8efe6afe5eee2eae4f5c1eff3e2afe6eef7">[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 EIE, 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#f8b5abb0bcd6aa9d8b978d8a9b9db8968a9bd69f978e"><span class="__cf_email__" data-cfemail="3c716f7478126e594f53494e5f597c524e5f125b534a">[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 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. 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://ehd.nrc.gov/EHD_Proceeding/home.asp, 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 requires submission of 
such

[[Page 30076]]

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.
    Petitions for leave to intervene must be filed no later than 60 
days from May 28, 2010. 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).
    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 requestor;
    2. The nature of the requestor's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requestor'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 requestor'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 requestor's or petitioner's position on the 
issue and on which the requestor or 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 requestor or petitioner disputes and the supporting 
reasons for each dispute or, if the requestor or 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 requestor's or 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 request or petition is to be filed, such as the application, 
supporting safety analysis report, environmental report or other 
supporting document filed by the applicant, or otherwise available to 
the requestor or petitioner. On issues arising under the National 
Environmental Policy Act, the requestor or petitioner shall file 
contentions based on the applicant's environmental report. The 
requestor or petitioner may amend those contentions or file new 
contentions if there are data or conclusions in the NRC draft or final 
environmental impact statement or if appropriate, the environmental 
assessment and associated draft or final finding of no significant 
impact, 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 requestor or petitioner believes a contention raises 
issues that cannot be classified as primarily falling into one of these 
categories, the requestor or petitioner must set forth the contention 
and supporting bases, in full, separately for each category into which 
the requestor or petitioner asserts the contention belongs with a 
separate designation for that category.
    Requestors or 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 
requestors or petitioners is designated the lead representative. 
Further, in accordance with 10 CFR 2.309(f)(3), any requestor or 
petitioner that wishes to adopt a contention proposed by another 
requestor or petitioner must do so, in accordance with the E-Filing 
rule, within ten days of the date the contention is filed, and 
designate a representative who shall have the authority to act for the 
requestor or petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing or a 
petition for leave to intervene may also address the selection of 
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 Agencywide 
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 are: License Renewal Application 
dated November 10, 2009 (ML093230788) and the acknowledgement review 
electronic mail dated December 22, 2008 (ML093561315). 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#fd8d998fd38f988e92888f9e98bd938f9ed39a928b"><span class="__cf_email__" data-cfemail="dbabbfa9f5a9bea8b4aea9b8be9bb5a9b8f5bcb4ad">[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.

    Dated at Rockville, Maryland, this 13th day of May, 2010.


[[Page 30077]]


    For the Nuclear Regulatory Commission.
Chris Staab,
Project Manager, Licensing Branch, Division of Spent Fuel Storage and 
Transportation, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2010-12764 Filed 5-27-10; 8:45 am]
BILLING CODE 7590-01-P


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