[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62227-62228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29839]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8778]
Notice of Consideration of Amendment Request for Molycorp,
Washington, Pennsylvania and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of a license amendment to Source Material License No. SMB-1393
issued to Molycorp, Inc. (the licensee), to authorize decommissioning
of its former processing facility in Washington, Pennsylvania.
The licensee initially submitted a Site Decommissioning Plan (SDP)
for the Washington, PA, facility on August 14, 1995. Decommissioning
criteria in effect at the time the SDP was submitted were contained in
NRC's ``Action Plan to Ensure Timely Clean up of Site Decommissioning
Management Plan Sites'' (Action Plan) (57 FR 13389 dated April 16,
1992). The SDP proposed a modification to the Action Plan criteria for
application at the Washington facility. Contaminated portions of the
facility would be remediated to this modified criteria and be disposed
of in a disposal cell on another portion of Molycorp's property. NRC
subsequently published its license termination rule (Radiological
Criteria for License Termination (LTR), 10 CFR part 20 subpart E) in
1997. The LTR allows a ``grandfathering'' period (10 CFR 20.1401(b)(3))
for licensees proposing Action Plan criteria in SDPs submitted prior to
August 20, 1998. In a letter dated February 16, 1999, NRC staff
informed Molycorp that because the criteria proposed in the 1995 SDP
were not consistent with the Action Plan, the conditions that would
permit remediation of certain areas of the site on a grandfathered
basis had not been met. On June 1, 1999, the licensee proposed that the
SDP would be resubmitted in two parts, with Part 1 pertaining to
remediation in accordance with Action Plan criteria and Part 2
detailing the disposition of materials that exceed levels in the Action
Plan. A meeting was held between NRC staff and Molycorp on June 15,
1999, to discuss this matter. At this meeting, NRC stated that if a
revised SDP,
[[Page 62228]]
adopting the Action Plan criteria (for that portion of the facility to
be released for unrestricted use), was submitted by June 30, 1999, NRC
staff would consider such a plan as meeting the requirements of 10 CFR
20.1401(b)(3). Such an SDP was submitted by Molycorp on June 30, 1999.
An NRC administrative review, documented in a letter to Molycorp dated
October 19, 1999, found the SDP acceptable to begin a technical review.
Prior to approving the SDP, NRC will make findings required by the
Atomic Energy Act of 1954, as amended, and NRC's regulations that the
SDP complies with all applicable requirements and is protective of the
public health and safety and the environment. These findings will be
documented in a Safety Evaluation Report and an Environmental
Assessment. Approval of the SDP will be documented in an amendment to
NRC License No. SMB-1393.
NRC hereby provides notice that this is a proceeding on an
application for an amendment of a license falling within the scope of
Subpart L, ``Informal Hearing Procedures for Adjudication in Materials
Licensing Proceedings,'' of NRC's rules and practice for domestic
licensing proceedings in 10 CFR Part 2. Pursuant to Sec. 2.1205(a), any
person whose interest may be affected by this proceeding may file a
request for a hearing in accordance with Sec. 2.1205(d). A request for
a hearing must be filed within thirty (30) days of the date of
publication of this Federal Register notice.
The request for a hearing must be filed with the Office of the
Secretary either:
1. By delivery to Secretary, U.S. Nuclear Regulatory Commission, One
White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738,
between 7:45 a.m. and 4:15 p.m., Federal workdays; or
2. By mail, telegram, or facsimile addressed to the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001. Attention:
Rulemakings and Adjudications Staff.
In accordance with 10 CFR 2.1205(f), each request for a hearing
must also be served, by delivering it personally or by mail, to:
1. The applicant, Molycorp Incorporated, 300 Caldwell Avenue,
Washington, Pennsylvania 15301, Attention: Mr. John Daniels, and;
2. The NRC staff, by delivery to the Executive Director for Operations,
U.S. Nuclear Regulatory Commission, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852-2738, between 7:45 am and 4:15
p.m., Federal workdays, or by mail, addressed to Executive Director for
Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
In addition to meeting other applicable requirements of 10 CFR Part
2 of NRC's regulations, a request for a hearing filed by a person other
than an applicant must describe in detail:
1. The interest of the requester in the proceeding;
2. How that interest may be affected by the results of the proceeding,
including the reasons why the requester should be permitted a hearing,
with particular reference to the factors set out in Sec. 2.1205(h);
3. The requester's areas of concern about the licensing activity that
is the subject matter of the proceeding; and
4. The circumstances establishing that the request for a hearing is
timely in accordance with Sec. 2.1205(d).
For further details with respect to this action the application for
amendment and supporting documentation are available for inspection at
NRC's Public Document Room, 2120 L Street NW., Washington, DC 20555-
0001.
FOR FURTHER INFORMATION CONTACT: LeRoy Person, Decommissioning Branch,
Division of Waste Management, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone: (301) 415-6701, Fax: (301) 415-5398.
Dated at Rockville, Maryland, this 5th day of November 1999.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Chief, Decommissioning Branch, Division of Waste Management, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 99-29839 Filed 11-15-99; 8:45 am]
BILLING CODE 7590-01-P