[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8785-8787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3360]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-03754; NRC-2011-0033]
ABB Inc.; License Amendment Request for Decommissioning of the
ABB Inc., Combustion Engineering, Windsor, Connecticut Site,
Opportunity To Provide Comments and/or Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment request and opportunity to request a
hearing.
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SUMMARY: The Nuclear Regulatory Commission (NRC) has received a license
amendment application for decommissioning from ABB, Inc., requesting
approval of a revised decommissioning plan and site specific derived
concentration guideline levels at its Combustion Engineering site
located in Windsor, Connecticut.
DATES: Submit comments by April 18, 2011. Requests for a hearing must
be filed by April 18, 2011.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2011-0033 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-2011-0033. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
[email protected].
Mail comments to: Cindy K. Bladey, Chief, Rules, Announcements and
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or
by fax to RADB 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, Room
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852.
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
[email protected]. The documents related to this license amendment
request for decommissioning are listed below and are available
electronically under the ADAMS Accession Numbers noted:
1. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site
(Previously Identified FUSRAP Areas Including Debris Piles & Site
Brook). August 2010. ML102310473.
2. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Figures. August 2010. ML102310512.
3. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Tables. August 2010.
4. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Appendix A: RESRAD Reports--Resident Farmer Thorium and Radium. August
2010. ML102310548.
5. ABB, Inc. Decommissioning Plan Revision 2 CE Windsor Site--
Appendix B: Probabilistic Evaluation Graphical Summary. August 2010.
ML102310553.
6. ABB, Inc. Derivation of the Site Specific Soil DCGLs, Addendum,
Soil DCGLs for thorium and radium. August 2010. ML102310539.
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-2011-0033.
FOR FURTHER INFORMATION CONTACT: John Nicholson, Project Manager,
Decommissioning Branch, Division of Nuclear Materials Safety, Region I,
U.S. Nuclear Regulatory Commission, King of Prussia, Pennsylvania,
19406. Telephone: (610)-337-5236; fax number: (610)-337-5269; e-mail:
[email protected].
[[Page 8786]]
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) has received, by letter
dated February 26, 2010, as supplemented on August 6, 2010, a license
amendment application for decommissioning from ABB, Inc. (the
licensee), requesting approval of a revised decommissioning plan and
site specific derived concentration guideline levels (DCGLs) at its
Combustion Engineering site located in Windsor, Connecticut. License
No. 06-00217-06 authorizes the licensee to possess and store licensed
materials for those activities related to decontamination and
dismantlement of buildings; excavation and removal of waste lines,
underground utilities and debris; and remediation of soils.
Specifically, the amendment requests to use site specific DCGLs for Th-
232 and Ra-226. The revised decommissioning plan also includes a
description of decommissioning activities for the site brook and debris
piles at the Combustion Engineering site. The revised decommissioning
plan does not change any previously approved remediation activities or
DCGLs for uranium contamination at the site.
An NRC administrative review, found the application acceptable to
begin a technical review. If the NRC approves the amendment, the
approval will be documented in an amendment to NRC License No. 06-
00217-06. 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.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309,--``Hearing requests, Petitions to
Intervene, Requirements for Standing, and Contentions.'' Interested
persons should consult 10 CFR part 2, section 2.309, which is available
at the NRC's Public Document Room (PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at (800) 397-4209 or (301) 415-4737). NRC regulations are also
accessible electronically from the NRC's Electronic Reading Room on the
NRC Web site at http://www.nrc.gov.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the petitioner in the proceeding and how that interest may
be affected by the results of the proceeding. The petition must provide
the name, address, and telephone number of the petitioner and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Act to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings the NRC must make to support the granting of a license
amendment in response to the application. The petition must also
include a concise statement of the alleged facts or expert opinions
which support the position of the petitioner and on which the
petitioner intends to rely at hearing, together with references to the
specific sources and documents on which the petitioner intends to rely.
Finally, the petition must provide sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact, including references to specific portions of the application
for amendment that the petitioner disputes and the supporting reasons
for each dispute, or, if the petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the petitioner's belief. Each contention must be one that,
if proven, would entitle the petitioner to relief.
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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board (Licensing Board) will set the time and
place for any prehearing conferences and evidentiary hearings, and the
appropriate notices will be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by April
18, 2011. The petition must be filed in accordance with the filing
instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and federally-recognized Indian tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by April 18, 2011.
IV. Electronic Submissions (E-Filing)
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
[[Page 8787]]
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-FilingFiling, at
least ten (10) days prior to the filing deadline, the participant
should contact the Office of the Secretary by e-mail at
[email protected], 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-FilingSubmittal 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-FilingSubmittal 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-FilingFiling 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-FilingFiling 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-FilingFiling system. To be
timely, an electronic filing must be submitted to the E-FilingFiling
system no later than 11:59 p.m. Eastern Time on the due date. Upon
receipt of a transmission, the E-FilingFiling system time-stamps the
document and sends the submitter an e-mail notice confirming receipt of
the document. The E-FilingFiling 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-FilingFiling system.
A person filing electronically using the agency's adjudicatory E-
FilingFiling 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
[email protected], 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-FilingFiling, may require a
participant or party to use E-FilingFiling if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-FilingFiling no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/EHD/, 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 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 February 15, 2011. 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).
Dated at King of Prussia, Pennsylvania, this 4th day of
February, 2011.
For the Nuclear Regulatory Commission.
Judith A. Joustra,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. 2011-3360 Filed 2-14-11; 8:45 am]
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