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E-M:/ Tobico Game area radiactive notice



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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.....this came through also....on MDNR's Tobico game
area...



[Federal Register: July 12, 2004 (Volume 69, Number 132)]
[Notices]
[Page 41855-41857]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy04-62]

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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-09015]

Notice of Consideration of Amendment Request to Decommission The
Michigan Department of Natural Resources' Tobico Marsh State Game Area
Site, Bay County, MI, and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of a license amendment request and opportunity to
request a hearing; notice of Public Meeting.

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DATES: Comment must be sent by August 11, 2004. A request for a hearing
must be filed by September 10, 2004. Public meeting will be held on
July 21, 2004.

FOR FURTHER INFORMATION CONTACT: David Nelson, Project Manager,
Decommissioning Directorate, Division of Waste Management and
Environmental Protection, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone (301) 415-6626; fax (301) 415-5398; or e-mail at <A 
HREF="mailto:dwn@nrc.gov";>
dwn@nrc.gov</A>.

SUPPLEMENTARY INFORMATION:

I. Introduction

     The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of a license amendment to Source Material License No. SUC-
1581, issued to the Michigan Department of Natural Resources (the
licensee), to authorize decommissioning of its Tobico Marsh State Game
Area Site in Bay County, Michigan, and to allow termination of this
license.
     On January 30, 2004, the Michigan Department of Natural Resources
submitted Revision 1 of the Decommissioning Plan (DP) for the Michigan
Department of Natural Resources' Tobico Marsh State Game Area Site, for
NRC review, approval, and incorporation, by amendment to license, SUC-
1581. An NRC administrative review, documented in a letter to the
Michigan Department of Natural Resources, dated April 22, 2004, found
the DP acceptable to begin a technical review.
     If the NRC approves the DP, the approval will be documented in an
amendment to NRC License No. SUC-1581. 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 if this
amendment is approved following completion of decommissioning
activities and verification by the NRC in accordance with the license
termination rule (Subpart E of 10 CFR Part 20) and the Commission's
regulations.

II. 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 is in receipt of a
DP, and will accept comments concerning this decommissioning proposal
and its associated environmental impacts. Comments with respect to this
amendment should be provided in writing within 30 days of this notice
and addressed to David Nelson, Project Manager, Mail Stop: T-7F27,
Decommissioning Directorate, Division of Waste Management and
Environmental Protection, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-6626, fax number (301) 415-5398 or e-mail <A 
HREF="mailto:dwn@nrc.gov";>
dwn@nrc.gov</A>.
     Because of possible disruptions in the delivery of mail to United
States Government offices, it is requested that comments mailed also be
transmitted to the Project Manager by means of facsimile transmission
or by e-mail. 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. Public Meeting

     A public meeting will be held in Bay County, Michigan, to solicit
comments from individuals in the vicinity of the site and answer any
questions about NRC's review of the DP for the Michigan Department of
Natural Resources' Tobico Marsh State Game Area Site. The public
meeting will be held on July 21, 2004, from 7 p.m. to 9:30 p.m. at the
Bay County Community Center, 800 John F. Kennedy Drive, Bay City,
Michigan, 48708.

IV. Opportunity To Request a Hearing

     The NRC hereby provides notice that this is a proceeding on an
application for a license amendment. 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, D.C. 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 workdays;
     3. E-mail addressed to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, <A 
HREF="mailto:HEARINGDOCKET@NRC.GOV";>HEARINGDOCKET@NRC.GOV</A>; or
     4. By facsimile transmission addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C.,
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, by delivery to the Michigan Department of Natural
Resources, Office of Legal Services, PO Box 30028, Lansing, MI 48909,
Attention: Kelli Sobel, 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="mailto:ogcmailcenter@nrc.gov";>
ogcmailcenter@nrc.gov</A>.
     The formal requirements for documents are contained in 10 CFR 2.304
(b), (c), (d), and (e), and must be met. However, 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), if 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 September 10, 2004.
     In addition to meeting other applicable requirements of 10 CFR Part
2 of the NRC's regulations, 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;

[[Page 41857]]

     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 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 information available at the time
the petition is to be filed, such as the application or other
supporting documents filed by the applicant, or otherwise available to
the petitioner. Contentions may be amended or new contentions filed
after the initial filing only with leave of the presiding officer.
     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.

V. Further Information

     Documents related to this action, including the application for
license amendment and supporting documentation, are available
electronically at the NRC's Electronic Reading Room at
<A 
HREF="http://www.nrc.gov/reading-rm/adams.html";>http://www.nrc.gov/reading-rm/adams.html</A>. 
 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:
ML040790356 which contains the January 30, 2004 application for license
amendment and the DP for the Michigan Department of Natural Resources'
Tobico Marsh State Game Area Site; ML041110650 which contains the April
22, 2004 NRC acceptance review letter. 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 by telephone at
(800) 397-4209 or (301) 415-4737, or by email to <A 
HREF="mailto:pdr@nrc.gov";>pdr@nrc.gov</A>. These
documents may also be examined, and/or copied for a fee, at the NRC
Public Document Room (PDR), located at One White Flint North, 11555
Rockville Pike (First Floor), Rockville, MD 20852. The PDR is open from
7:45 a.m. to 4:15 p.m., Monday through Friday, except on Federal holidays.

     Dated at Rockville, Maryland, this 2nd day of July 2004.

     For the Nuclear Regulatory Commission.
Claudia M. Craig,
Acting Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 04-15699 Filed 7-9-04; 8:45 am]
BILLING CODE 7590-01-P



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Environmental Enforcement, Permit/Technical Review, Public Policy,
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