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E-M:/ KawKawlin /Hartley radioactive waste site license



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[Federal Register: December 16, 2004 (Volume 69, Number 241)] [Notices] [Page 75357-75359] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16de04-97]

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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9022]

Notice of Consideration of an Amendment Request Transferring the
License for Hartley and Hartley Landfill Site, Kawkawlin Township,
Michigan, From SCA Services to SC Holdings, Inc., and Opportunity to
Provide Comments and Request a Hearing

AGENCY: Nuclear Regulatory Commission.
ACTION: Notice and opportunity to provide comments and request a hearing.

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DATES: Comments must be provided by January 18, 2005. Requests for a
hearing must be provided by January 5, 2005.

FOR FURTHER INFORMATION CONTACT: David Nelson, Project Manager,
Materials Decommissioning Section, Decommissioning Directorate,
Division of Waste Management and Environmental Protection, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Telephone: (301) 415-3017; fax
number: (301) 415-5397; e-mail: <A HREF="mailto:jbh@nrc.gov";>jbh@nrc.gov</A>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering issuance of
a license amendment to Material License No. SUC-1565 issued to SCA
Services (the licensee), to authorize transfer of its license to SC
Holdings, Inc. License No. SUC-1565 was issued on June 14, 1995, to SCA
Services under Title 10 of the Code of Federal Regulations (10 CFR)
part 40 and authorizes SCA Services to possess radioactive materials on
site leading to decommissioning of the site.
    Pursuant to 10 CFR 40.44, no license issued or granted under the
regulations in part 40 shall be transferred, assigned, or in any manner
disposed of, either voluntarily or involuntarily, directly or
indirectly, through transfer of control of any license to any person
unless the Commission shall, after securing full information that the
transfer is in accordance with the provisions of the Atomic Energy Act
of 1954, as amended (AEA), and shall give its consent in writing.
Therefore, before the issuance of an amendment, the NRC will have made
the findings required by the AEA, and NRC's regulations. These findings
will be documented in a Safety Evaluation Report. An Environmental
Assessment (EA) will not be performed because, pursuant to 10 CFR
51.22(c)(21), this action is categorically

[[Page 75358]]

excluded from the requirement to perform an EA.

II. Opportunity To Provide Written Comments

The NRC hereby provides notice that this is a proceeding regarding
an application for a license amendment regarding the transfer of NRC
License No. SUC-1565 from SCA Services to SC Holdings, Inc. In
accordance with 10 CFR 2.1305, any person may submit written comments
regarding this license transfer to the NRC as an alternative to
requests for hearings and petitions to intervene. Comments with respect
to this action should be provided in writing by January 18, 2005.
Comments should be addressed to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff. Written comments should also be transmitted to the
Secretary of the Commission either by means of facsimile transmission
to (301) 415-1101, or by e-mail to <A HREF="mailto:SECY@nrc.gov";>SECY@nrc.gov</A>. 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

The NRC hereby provides notice that this is a proceeding on an
application for a license amendment regarding the transfer of NRC
License No. SUC-1565 from SCA Services to SC Holdings, Inc. 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, DC 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, DC,
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 Waste Management, Inc., 700 56th
Avenue, Zeeland, MI, 49464, Attention: Philip M. Mazor, 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 contained in 10 CFR 2.304
(b), (c), (d), and (e), must be met. 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), as long as 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 January 5, 2005.
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 requester;
2. The nature of the requester's right under the Atomic Energy 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;
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 (including the applicant's environmental report and safety
report) 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, supporting safety
analysis report, environmental report or other supporting document
filed by an applicant or licensee, or otherwise available to the
petitioner. On issues arising under the National Environmental Policy
Act, the requester/petitioner shall file contentions based on the
applicant's environmental report. The requester/petitioner may amend
those contentions or file new contentions if there are data or
conclusions in the NRC draft, or final environmental impact statement,
environmental assessment, 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


[[Page 75359]]

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.
    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.

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 <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 number for
the document related to this notice is the August 9, 2004, letter
requesting that the license be amended, ADAMS Accession No.
ML042510430. If you do not have access to ADAMS or if there are
problems accessing the documents located in ADAMS, contact the NRC's
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to <A HREF="mailto:pdr@nrc.gov";>pdr@nrc.gov</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.
Please note that on October 25, 2004, the NRC suspended public
access to ADAMS, and initiated an additional security review of
publicly available documents to ensure that potentially sensitive
information is removed from the ADAMS database accessible through the
NRC's Web site. Interested members of the public may obtain copies of
the referenced documents for review and/or copying by contacting the
Public Document Room pending resumption of public access to ADAMS. The
NRC Public Document Room is located at NRC Headquarters in Rockville,
MD, and can be contacted at 800-397-4209 or 301-415-4737 or <A HREF="mailto:pdr@nrc.gov";>
pdr@nrc.gov</A>.


Dated in Rockville, Maryland this 9th day of December, 2004.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Deputy Director, Decommissioning Directorate, Division of Waste
Management and Environmental Protection, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 04-27492 Filed 12-15-04; 8:45 am]
BILLING CODE 7590-01-P

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