[Federal Register Volume 68, Number 217 (Monday, November 10, 2003)]
[Notices]
[Pages 63824-63825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28183]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-02377]


Notice of Consideration of Amendment Request for Kaiser Aluminum 
and Chemical Corporation, Tulsa, Oklahoma, and Opportunity for 
Providing Comments and Requesting a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Consideration of Approval of a revision to the Decommissioning 
Plan for the Kaiser Aluminum and Chemical Corporation Facility in 
Tulsa, Oklahoma, and an Opportunity for a Hearing.

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FOR FURTHER INFORMATION CONTACT: John T. Buckley, Decommissioning 
Branch, Division of Waste Management, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Telephone: (301) 415-6607, fax number (301) 415-5398.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
approval of a revision to the Phase 2 Decommissioning Plan (DP) for the 
Kaiser Aluminum and Chemical Corporation (Kaiser) Facility in Tulsa, 
Oklahoma. Decommissioning of the Kaiser facility is being conducted in 
two Phases. In Phase 1, Kaiser remediated the land adjacent to the 
Kaiser property. In Phase 2, Kaiser will remediate its facility. On May 
25, 2001, Kaiser submitted the Phase 2 DP. The Phase 2 DP was noticed 
in the Federal Register on October 30, 2001(66 FR54792). NRC approved 
the Phase 2 DP on June 8, 2003.
    On October 6, 2003, Kaiser submitted a request to revise Chapter 14 
of the DP. The revision will correct an error in Chapter 14, which 
incorrectly identified the Average Derived Concentration Level 
(ADCLw) as the acceptance criteria for the 14 acre pond 
parcel area of the site. Kaiser has stated that the revisions to 
Chapter 14 will not change the scope of the work in the approved DP.
    Prior to approving the DP revision, NRC will make findings in 
accordance with 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 Provide Comments

    In accordance with 10 CFR 20.1405, the NRC is providing notice to

[[Page 63825]]

individuals in the vicinity of the site that the NRC is in receipt of a 
revision to the Phase 2 DP, and will accept comments concerning this 
proposed modification to the DP and its associated environmental 
impacts. Comments with respect to this action should be provided in 
writing within 30 days of this notice and addressed to John T. Buckley, 
Decommissioning Branch, Division of Waste Management, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Telephone: (301) 415-6607, fax number (301) 
415-5398, e-mail: [email protected]. 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

    Although Kaiser is no longer a licensee subject to subpart L, 
``Informal Hearing Procedures for Adjudication in Material Licensing 
Proceedings,'' of NRC's rules and practice for domestic licensing 
proceedings in 10 CFR part 2. Discretion is being exercised in this 
case because of: (1) The unusually large volume of soil to be removed 
from the site; (2) the significant complexity of this project; and, (3) 
the close proximity of the site to a major population center. Whether 
or not a person has or intends to provide comments as set out in 
Section II above, pursuant to Section 2.1205(a), any person whose 
interest may be affected by this proceeding may file a request for a 
hearing in accordance with Section 2.1205(d). A request for a hearing 
must be filed within thirty (30) days of the date of publication of 
this Federal Register notice.
    The request for a hearing must be filed with the Office of the 
Secretary either:
    1. By delivery to Secretary, U.S. Nuclear Regulatory Commission, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738, 
between 7:45 a.m. and 4:15 p.m., Federal workdays; or
    2. By mail, telegram, or facsimile (301-415-1101) addressed to the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Attention: Rulemakings and Adjudications Staff. Because of 
continuing disruptions in the delivery of mail to United States 
Government offices, it is requested that requests for hearing also be 
transmitted to the Secretary of the Commission either by means of 
facsimile transmission to 301-415-1101, or by e-mail to 
<[email protected].
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    1. The applicant, Kaiser Aluminum and Chemical Corporation, 9141 
Interline Avenue, Suite 1A, Baton Rouge, LA 70809-1957, Attention: Mr. 
J. W. Vinzant and;
    2. The NRC staff, by delivery to the General Counsel, U.S. Nuclear 
Regulatory Commission, One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852-2738, between 7:45 a.m. and 4:15 p.m., Federal 
workdays, or by mail, addressed to General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Because of continuing 
disruptions in the delivery of mail to United States Government 
offices, it is requested that requests for hearing be also transmitted 
to the Office of the General Counsel, either by means of facsimile 
transmission to (301) 415-3725, or by e-mail to [email protected].
    In addition to meeting other applicable requirements of 10 CFR part 
2 of NRC's regulations, a request for a hearing filed by a person other 
than an applicant must describe in detail:
    1. The interest of the requester in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in Section 
2.1205(h);
    3. The requestor's area of concern about the licensing activity 
that is the subject matter of the proceeding; and
    4. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec.  2.1205(d).

IV. Further Information

    The application for the license amendment and supporting 
documentation are available for inspection at NRC's Public Electronic 
reading Room at: http://www.nrc.gov/reading-rm/adams.html. The ADAMS 
Accession No. for the license amendment request is ML032820302.

    Dated at Rockville, Maryland, this 3rd day of November, 2003.
    For The Nuclear Regulatory Commission.
Daniel M. Gillen,
Chief, Decommissioning Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 03-28183 Filed 11-7-03; 8:45 am]
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