83 FR 9874 - Rio Algom, LLC; Ambrosia Lake Facility, McKinley County, New Mexico Source Materials License SUA-1473

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 46 (March 8, 2018)

Page Range		9874-9876
FR Document		2018-04673
The U.S. Nuclear Regulatory Commission (NRC) has received an application from Rio Algom, LLC, Ambrosia Lake facility for amendment of Materials License SUA-1473, which authorizes the burial of contaminated waste materials resulting from previous onsite milling operations into designated onsite disposal areas. The amendment would allow the release of the Section 4, Ponds at the Ambrosia Lake facility for unconditional use and update the license accordingly.
Federal Register, Volume 83 Issue 46 (Thursday, March 8, 2018)
[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9874-9876]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04673]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8905; NRC-2018-0042]


Rio Algom, LLC; Ambrosia Lake Facility, McKinley County, New 
Mexico Source Materials License SUA-1473

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; 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 an 
application from Rio Algom, LLC, Ambrosia Lake facility for amendment 
of Materials License SUA-1473, which authorizes the burial of 
contaminated waste materials resulting from previous onsite milling 
operations into designated onsite disposal areas. The amendment would 
allow the release of the Section 4, Ponds at the Ambrosia Lake facility 
for unconditional use and update the license accordingly.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by May 7, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0042 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 website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0042. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the ``Availability of 
Documents'' section of this document.
     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: Varughese Kurian, Office of Nuclear 
Material Safety and Safeguards (NMSS), U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-7426, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC has received, by letter dated November 8, 2017, an 
application from Rio Algom, LLC, to amend its license (ADAMS Accession 
No. ML17340A482). Rio Algom, LLC, is requesting approval to release the 
Section 4 Ponds at the Ambrosia Lake facility for unconditional use and 
to amend the license amendment 61 accordingly. Included with the 
request is the report, ``Final Radiological Condition and Dose 
Assessment for the Section 4 Ponds.'' This report includes an 
evaluation of potential doses to a resident rancher and an industrial 
worker from residual radioactive material in the Section 4 Pond area 
and whether this dose is below the radium benchmark dose contained in 
the most recently approved Soil Decommissioning Plan (ADAMS Accession 
No. ML061320449; 2006). An updated Soil Decommissioning Plan (ADAMS 
Accession No. ML17340A486; 2017), that incorporates all of the changes 
proposed is also included with the request.
    An NRC acceptance review found the application provides sufficient 
information to begin the detailed technical review (ADAMS Accession No. 
ML18004B560). Prior to approving license amendment request and the 
updated Soil Decommissioning Plan, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended (the 
Act), and the

[[Page 9875]]

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 petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (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.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in 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 must 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 the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    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 no later 
than 60 days from the date of publication of this notice. 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. 
Alternatively, a State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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 and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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 the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit

[[Page 9876]]

adjudicatory documents. Submissions must be in Portable Document Format 
(PDF). Additional guidance on PDF submissions is available on the NRC's 
public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is 
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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website 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 6 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, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents 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 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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.

IV. Availability of Documents

          List of Publicly Available Documents Cited in Notice
------------------------------------------------------------------------
                                                            Currently
       ADAMS Accession No.            Title of cited         publicly
                                         document           available?
------------------------------------------------------------------------
ML17340A482......................  License.............               X
ML061320449......................  Soil Decommissioning               X
                                    Plan.
ML17340A486......................  Updated Soil                       X
                                    Decommissioning
                                    Plan.
ML18004B560......................  Administrative                     X
                                    Completeness Review.
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 1st day of March 2018.

    For the Nuclear Regulatory Commission.
Stephen Koenick,
Chief, Materials Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2018-04673 Filed 3-7-18; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Notices 9875

NRC’s regulations. The NRC’s findings include sufficient information to show prehearing conference, subject to the
will be documented in a safety that a genuine dispute exists with the limits and conditions as may be
evaluation report and an environmental applicant or licensee on a material issue imposed by the presiding officer. Details
assessment. The environmental of law or fact. Contentions must be regarding the opportunity to make a
assessment will be the subject of a limited to matters within the scope of limited appearance will be provided by
subsequent notice in the Federal the proceeding. The contention must be the presiding officer if such sessions are
Register. one which, if proven, would entitle the scheduled.
petitioner to relief. A petitioner who
II. Opportunity To Request a Hearing III. Electronic Submissions (E-Filing)
fails to satisfy the requirements at 10
and Petition for Leave To Intervene All documents filed in NRC
CFR 2.309(f) with respect to at least one
Within 60 days after the date of contention will not be permitted to adjudicatory proceedings, including a
publication of this notice, any persons participate as a party. request for hearing and petition for
(petitioner) whose interest may be Those permitted to intervene become leave to intervene (petition), any motion
affected by this action may file a request parties to the proceeding, subject to any or other document filed in the
for a hearing and petition for leave to limitations in the order granting leave to proceeding prior to the submission of a
intervene (petition) with respect to the intervene. Parties have the opportunity request for hearing or petition to
action. Petitions shall be filed in to participate fully in the conduct of the intervene, and documents filed by
accordance with the Commission’s hearing with respect to resolution of interested governmental entities that
‘‘Agency Rules of Practice and that party’s admitted contentions, request to participate under 10 CFR
Procedure’’ in 10 CFR part 2. Interested including the opportunity to present 2.315(c), must be filed in accordance
persons should consult a current copy evidence, consistent with the NRC’s with the NRC’s E-Filing rule (72 FR
of 10 CFR 2.309. The NRC’s regulations regulations, policies, and procedures. 49139; August 28, 2007, as amended at
are accessible electronically from the Petitions must be filed no later than 77 FR 46562, August 3, 2012). The E-
NRC Library on the NRC’s website at 60 days from the date of publication of Filing process requires participants to
http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for submit and serve all adjudicatory
collections/cfr/. Alternatively, a copy of leave to file new or amended documents over the internet, or in some
the regulations is available at the NRC’s contentions that are filed after the cases to mail copies on electronic
Public Document Room, located at One deadline will not be entertained absent storage media. Detailed guidance on
White Flint North, Room O1–F21, 11555 a determination by the presiding officer making electronic submissions may be
Rockville Pike (first floor), Rockville, that the filing demonstrates good cause found in the Guidance for Electronic
Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR Submissions to the NRC and on the NRC
the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition website at http://www.nrc.gov/site-help/
will rule on the petition and, if must be filed in accordance with the e-submittals.html. Participants may not
appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic submit paper copies of their filings
issued. Submissions (E-Filing)’’ section of this unless they seek an exemption in
As required by 10 CFR 2.309(d) the document. accordance with the procedures
petition should specifically explain the A State, local governmental body, described below.
reasons why intervention should be Federally-recognized Indian Tribe, or To comply with the procedural
permitted with particular reference to agency thereof, may submit a petition to requirements of E-Filing, at least 10
the following general requirements for the Commission to participate as a party days prior to the filing deadline, the
standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition participant should contact the Office of
telephone number of the petitioner; (2) should state the nature and extent of the the Secretary by email at
the nature of the petitioner’s right under petitioner’s interest in the proceeding. hearing.docket@nrc.gov, or by telephone
the Act to be made a party to the The petition should be submitted to the at 301–415–1677, to (1) request a digital
proceeding; (3) the nature and extent of Commission no later than 60 days from identification (ID) certificate, which
the petitioner’s property, financial, or the date of publication of this notice. allows the participant (or its counsel or
other interest in the proceeding; and (4) The petition must be filed in accordance representative) to digitally sign
the possible effect of any decision or with the filing instructions in the submissions and access the E-Filing
order which may be entered in the ‘‘Electronic Submissions (E-Filing)’’ system for any proceeding in which it
proceeding on the petitioner’s interest. section of this document, and should is participating; and (2) advise the
In accordance with 10 CFR 2.309(f), meet the requirements for petitions set Secretary that the participant will be
the petition must also set forth the forth in this section. Alternatively, a submitting a petition or other
specific contentions which the State, local governmental body, adjudicatory document (even in
petitioner seeks to have litigated in the Federally-recognized Indian Tribe, or instances in which the participant, or its
proceeding. Each contention must agency thereof may participate as a non- counsel or representative, already holds
consist of a specific statement of the party under 10 CFR 2.315(c). an NRC-issued digital ID certificate).
issue of law or fact to be raised or If a hearing is granted, any person Based upon this information, the
controverted. In addition, the petitioner who is not a party to the proceeding and Secretary will establish an electronic
must provide a brief explanation of the is not affiliated with or represented by docket for the hearing in this proceeding
bases for the contention and a concise a party may, at the discretion of the if the Secretary has not already
statement of the alleged facts or expert presiding officer, be permitted to make established an electronic docket.
opinion which support the contention a limited appearance pursuant to the Information about applying for a
sradovich on DSK3GMQ082PROD with NOTICES

and on which the petitioner intends to provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
rely in proving the contention at the making a limited appearance may make NRC’s public website at http://
hearing. The petitioner must also an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
provide references to the specific position on the issues but may not getting-started.html. Once a participant
sources and documents on which the otherwise participate in the proceeding. has obtained a digital ID certificate and
petitioner intends to rely to support its A limited appearance may be made at a docket has been created, the
position on the issue. The petition must any session of the hearing or at any participant can then submit

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Document Created: 2018-03-08 01:47:38
Document Modified: 2018-03-08 01:47:38
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; 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 May 7, 2018.
Contact		Varughese Kurian, Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7426, email: [email protected]
FR Citation		83 FR 9874