81 FR 64209 - Environmental Properties Management; Cimarron Facility; Decommissioning Plan

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 181 (September 19, 2016)

Page Range		64209-64211
FR Document		2016-22485
The U.S. Nuclear Regulatory Commission (NRC) has received a license amendment application from Environmental Properties Management (EPM or the licensee) for the Cimarron Facility, located near Crescent, Oklahoma. The licensee is requesting an amendment to its Source and Byproduct Materials License SNM-928 to authorize decommissioning of the Cimarron Facility for unrestricted release.
Federal Register, Volume 81 Issue 181 (Monday, September 19, 2016)
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64209-64211]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22485]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 070-00925; NRC-2016-0196]


Environmental Properties Management; Cimarron Facility; 
Decommissioning Plan

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; notice of opportunity to request 
a hearing and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
license amendment application from Environmental Properties Management 
(EPM or the licensee) for the Cimarron Facility, located near Crescent, 
Oklahoma. The licensee is requesting an amendment to its Source and 
Byproduct Materials License SNM-928 to authorize decommissioning of the 
Cimarron Facility for unrestricted release.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by November 18, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0196 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0196. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Kenneth Kalman, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6664; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By letter dated May 4, 1995, the NRC received a license amendment 
request from Cimarron Corporation (the licensee at that time) to amend 
its license SNM-928 to incorporate its decommissioning plan. The NRC 
requested comment on the decommissioning plan (60 FR 46315; September 
6, 1995). The NRC completed its review of the decommissioning plan, and 
issued a finding of no significant impact in the Federal Register, (64 
FR 44059; August 12, 1999). This decommissioning plan relied on natural 
attenuation to reduce uranium concentrations in groundwater at the site 
to meet the criteria for unrestricted release. However, periodic 
monitoring of groundwater conditions indicated that natural attenuation 
was not reducing the uranium concentrations and additional areas were 
identified where uranium concentrations exceeded the criteria for 
unrestricted release.
    The current licensee, EPM, submitted a license amendment request to 
the NRC on December 31, 2015 (ADAMS Package Accession No. ML16230A614), 
which, if approved, would amend Source and Byproduct Materials License 
SNM-928 to authorize decommissioning of the Cimarron Facility near 
Crescent, Oklahoma for unrestricted release. On April 7, 2016, the NRC 
requested additional information from EPM regarding the license 
amendment request (ADAMS Accession No. ML16091A427). By letter dated 
May 20, 2015 (ADAMS Accession No. ML16168A097), EPM submitted 
supplemental information in response to the NRC's request.
    On September 6, 2016, the NRC found the application acceptable for 
a technical review (ADAMS Accession No. ML16197A056). Prior to reaching 
a decision on the amendment request, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended (the 
Act) and the NRC's regulations. The NRC's findings will be documented 
in a safety evaluation report and an environmental assessment. The 
environmental assessment will be the subject of a subsequent notice in 
the Federal Register.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and a petition to intervene (petition) 
with respect to issuance of the amendment to the subject facility 
operating license or combined license. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should

[[Page 64210]]

consult a current copy of 10 CFR 2.309, which is available at the NRC's 
PDR, located at One White Flint North, Room O1-F21, 11555 Rockville 
Pike (first floor), Rockville, Maryland 20852. The NRC's regulations 
are accessible electronically from the NRC Library on the NRC's Web 
site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a 
petition is filed within 60 days, the Commission or a presiding officer 
designated by the Commission or by the Chief Administrative Judge of 
the Atomic Safety and Licensing Board Panel, will rule on the petition; 
and the Secretary or the Chief Administrative Judge of the Atomic 
Safety and Licensing Board will issue a notice of a hearing or an 
appropriate order.
    As required by 10 CFR 2.309, a petition 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 should specifically explain the reasons why intervention 
should be permitted with particular reference to the following general 
requirements: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest. The petition 
must also set forth the specific contentions which the petitioner seeks 
to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner shall provide a brief explanation of the bases for the 
contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to those specific sources and 
documents of which the petitioner is aware and on which the petitioner 
intends to rely to establish those facts or expert opinion to support 
its position on the issue. The petition must include sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact. Contentions shall be limited to 
matters within the scope of the amendment under consideration. The 
contention must be one which, if proven, would entitle the petitioner 
to relief. A petitioner who fails to satisfy these requirements with 
respect to at least one contention will not be permitted to participate 
as a party.
    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 the NRC's regulations, policies, and procedures.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to decide when the hearing is held. If the final determination is that 
the amendment request involves no significant hazards consideration, 
the Commission may issue the amendment and make it immediately 
effective, notwithstanding the request for a hearing. Any hearing held 
would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of any amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1).
    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 November 18, 2016. The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document, and should meet the requirements 
for petitions set forth in this section, except that under 10 CFR 
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted 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 the limits and conditions as may be 
imposed by the presiding officer. Details regarding the opportunity to 
make a limited appearance will be provided by the presiding officer if 
such sessions are scheduled.

III. 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 (hereinafter 
``petition''), and documents filed by interested governmental entities 
participating under 10 CFR 2.315(c), must be filed in accordance with 
the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562, August 3, 2012). 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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (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 petition (even 
in instances

[[Page 64211]]

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 the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are available on the NRC's public Web site at 
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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 email notice 
confirming receipt of the document. The E-Filing system also 
distributes an email notice that provides access to the document to the 
NRC's 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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 7 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 
stating why there is good cause for not filing electronically and 
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 the 
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. 
However, in some instances, a petition will require including 
information on local residence in order to demonstrate a proximity 
assertion of interest in the proceeding. 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.

    Dated at Rockville, Maryland, this 6th day of September 2016.

    For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery, and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-22485 Filed 9-16-16; 8:45 am]
BILLING CODE 7590-01-P
64210 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices

consult a current copy of 10 CFR 2.309, these requirements with respect to at 2.309(h)(2) a State, local governmental
which is available at the NRC’s PDR, least one contention will not be body, or Federally-recognized Indian
located at One White Flint North, Room permitted to participate as a party. Tribe, or agency thereof does not need
O1–F21, 11555 Rockville Pike (first Those permitted to intervene become to address the standing requirements in
floor), Rockville, Maryland 20852. The parties to the proceeding, subject to any 10 CFR 2.309(d) if the facility is located
NRC’s regulations are accessible limitations in the order granting leave to within its boundaries. A State, local
electronically from the NRC Library on intervene, and have the opportunity to governmental body, Federally-
the NRC’s Web site at http:// participate fully in the conduct of the recognized Indian Tribe, or agency
www.nrc.gov/reading-rm/doc- hearing with respect to resolution of thereof may also have the opportunity to
collections/cfr/. If a petition is filed that person’s admitted contentions, participate under 10 CFR 2.315(c).
within 60 days, the Commission or a including the opportunity to present If a hearing is granted, any person
presiding officer designated by the evidence and to submit a cross- who does not wish, or is not qualified,
Commission or by the Chief examination plan for cross-examination to become a party to the proceeding
Administrative Judge of the Atomic of witnesses, consistent with the NRC’s may, in the discretion of the presiding
Safety and Licensing Board Panel, will regulations, policies, and procedures. officer, be permitted to make a limited
rule on the petition; and the Secretary Petitions for leave to intervene must appearance pursuant to the provisions
or the Chief Administrative Judge of the be filed no later than 60 days from the of 10 CFR 2.315(a). A person making a
Atomic Safety and Licensing Board will date of publication of this notice. limited appearance may make an oral or
issue a notice of a hearing or an Requests for hearing, petitions for leave written statement of position on the
appropriate order. to intervene, and motions for leave to issues, but may not otherwise
As required by 10 CFR 2.309, a file new or amended contentions that participate in the proceeding. A limited
petition shall set forth with particularity are filed after the 60-day deadline will appearance may be made at any session
the interest of the petitioner in the not be entertained absent a of the hearing or at any prehearing
proceeding, and how that interest may determination by the presiding officer conference, subject to the limits and
be affected by the results of the that the filing demonstrates good cause conditions as may be imposed by the
proceeding. The petition should by satisfying the three factors in 10 CFR presiding officer. Details regarding the
specifically explain the reasons why 2.309(c)(1)(i)–(iii). opportunity to make a limited
intervention should be permitted with If a hearing is requested, and the appearance will be provided by the
particular reference to the following Commission has not made a final presiding officer if such sessions are
general requirements: (1) The name, determination on the issue of no scheduled.
address, and telephone number of the significant hazards consideration, the
Commission will make a final III. Electronic Submissions (E-Filing)
petitioner; (2) the nature of the
petitioner’s right under the Act to be determination on the issue of no All documents filed in NRC
made a party to the proceeding; (3) the significant hazards consideration. The adjudicatory proceedings, including a
nature and extent of the petitioner’s final determination will serve to decide request for hearing, a petition for leave
property, financial, or other interest in when the hearing is held. If the final to intervene, any motion or other
the proceeding; and (4) the possible determination is that the amendment document filed in the proceeding prior
effect of any decision or order which request involves no significant hazards to the submission of a request for
may be entered in the proceeding on the consideration, the Commission may hearing or petition to intervene
petitioner’s interest. The petition must issue the amendment and make it (hereinafter ‘‘petition’’), and documents
also set forth the specific contentions immediately effective, notwithstanding filed by interested governmental entities
which the petitioner seeks to have the request for a hearing. Any hearing participating under 10 CFR 2.315(c),
litigated at the proceeding. held would take place after issuance of must be filed in accordance with the
Each contention must consist of a the amendment. If the final NRC’s E-Filing rule (72 FR 49139;
specific statement of the issue of law or determination is that the amendment August 28, 2007, as amended at 77 FR
fact to be raised or controverted. In request involves a significant hazards 46562, August 3, 2012). The E-Filing
addition, the petitioner shall provide a consideration, then any hearing held process requires participants to submit
brief explanation of the bases for the would take place before the issuance of and serve all adjudicatory documents
contention and a concise statement of any amendment unless the Commission over the internet, or in some cases to
the alleged facts or expert opinion finds an imminent danger to the health mail copies on electronic storage media.
which support the contention and on or safety of the public, in which case it Participants may not submit paper
which the petitioner intends to rely in will issue an appropriate order or rule copies of their filings unless they seek
proving the contention at the hearing. under 10 CFR part 2. an exemption in accordance with the
The petitioner must also provide A State, local governmental body, procedures described below.
references to those specific sources and Federally-recognized Indian Tribe, or To comply with the procedural
documents of which the petitioner is agency thereof, may submit a petition to requirements of E-Filing, at least 10
aware and on which the petitioner the Commission to participate as a party days prior to the filing deadline, the
intends to rely to establish those facts or under 10 CFR 2.309(h)(1). participant should contact the Office of
expert opinion to support its position on The petition should state the nature the Secretary by email at
the issue. The petition must include and extent of the petitioner’s interest in hearing.docket@nrc.gov, or by telephone
sufficient information to show that a the proceeding. The petition should be at 301–415–1677, to request (1) a digital
genuine dispute exists with the submitted to the Commission by identification (ID) certificate, which
mstockstill on DSK3G9T082PROD with NOTICES

applicant on a material issue of law or November 18, 2016. The petition must allows the participant (or its counsel or
fact. Contentions shall be limited to be filed in accordance with the filing representative) to digitally sign
matters within the scope of the instructions in the ‘‘Electronic documents and access the E-Submittal
amendment under consideration. The Submissions (E-Filing)’’ section of this server for any proceeding in which it is
contention must be one which, if document, and should meet the participating; and (2) advise the
proven, would entitle the petitioner to requirements for petitions set forth in Secretary that the participant will be
relief. A petitioner who fails to satisfy this section, except that under 10 CFR submitting a petition (even in instances

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; notice of opportunity to request a hearing and to petition for leave to intervene.
Dates		A request for a hearing or petition for leave to intervene must be filed by November 18, 2016.
Contact		Kenneth Kalman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6664; email: [email protected]
FR Citation		81 FR 64209