[Federal Register Volume 66, Number 189 (Friday, September 28, 2001)]
[Notices]
[Pages 49712-49713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24337]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-01176]


Consideration of License Amendment Request to University of 
Wyoming and Opportunity for a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of amendment request and opportunity 
for a hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission is considering issuance 
of a license amendment to Materials License No. 49-09955-10, issued to 
the University of Wyoming, to release for unrestricted use two burial 
sites located near Laramie, Wyoming, as requested in the licensee's 
revised decommissioning plan dated May 30, 2001.

FOR FURTHER INFORMATION CONTACT: Blair Spitzberg, Chief, Fuel Cycle 
Decommissioning Branch (FCDB) at (817) 860-8191 or Robert Evans, FCDB 
at (817) 860-8234.

SUPPLEMENTARY INFORMATION: The University of Wyoming currently 
possesses radioactive material under a license of broad scope. The 
licensee uses the material for research and development, academic 
instruction, and animal studies. On May 30, 2001, the licensee 
submitted a revised decommissioning plan (DP) to the NRC requesting 
release of two burial sites previously used by the University of 
Wyoming during 1952-1985. The licensee was previously authorized to 
dispose of radioactive material by burial in accordance with 10 CFR 
20.304 and 20.302. By 1981, 10 CFR 20.304 had been rescinded by the 
NRC, so the licensee then conducted burials in accordance with 10 CFR 
20.302. During 1985, the NRC rejected the licensee's request to 
continue to dispose of radioactive material by burial in accordance 
with 10 CFR 20.302. The licensee now requests that the two burial sites 
be left in place and the sites released for unrestricted use. The 
licensee's decision is based on dose modeling calculations conducted 
using the DandD computer program. The licensee concluded that the 
annual dose rate for the Quarry burial site is 2.74 millirem per year, 
and the annual dose rate for the Airport burial site is 22.5 millirem 
per year. Both dose rates are below the 25 millirem per year dose limit 
specified in 10 CFR 20.1402. The licensee also claims that remediation 
of the two sites is not financially viable and is not ALARA (as low as 
reasonably achievable). As such, the licensee requests NRC approval to 
release the two sites for unrestricted use with no further 
decommissioning being conducted.

NRC Approval Process

    Prior to approving the DP, NRC will have made findings required by 
the Atomic Energy Act of 1954, as amended, and NRC's regulations. The 
University of Wyoming burial sites fall under the Type IV 
decommissioning facility requirements. The final approval of the DP 
will be incorporated into the license as a license amendment. The 
review of the DP shall be supported by the development of an 
Environmental Assessment (EA), Finding of No Significant Impact 
(FONSI), and Safety Evaluation Report (SER) by the NRC staff. 
Facilities under Type IV decommissioning requirements will receive a 
confirmatory survey and a closeout inspection by the NRC. If the 
confirmatory survey results indicate that the licensee's evaluation of 
the radiological status of the site is statistically valid and meets 
NRC's criteria and NRC has determined that the Final Status Survey 
demonstrates that the site satisfies NRC requirements, the site is 
suitable for release from regulatory control. At the time of release of 
the site or termination of the license, a subsequent Federal Register 
notice will be published to announce the intent of the NRC Staff to 
release the site for unrestricted use or to terminate the license.

Documents

    The revised DP submitted by the University of Wyoming to the NRC is 
available for public inspection from the Publicly Available Records 
(PARS) component of NRC's document system (ADAMS). ADAMS is accessible 
from the NRC web site at http://www.nrc.gov/NRC/ADAMS/index.html (the 
Public Electronic Reading Room). Assistance with the Public Electronic 
Reading Room may be obtained by calling (800) 397-4209.

Notice of Opportunity for Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for amendment of a license falling within the scope of 
subpart L, ``Informal Hearing Procedures for Adjudications in

[[Page 49713]]

Materials and Operator 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 the 
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 the Rulemakings and Adjudications Staff of the 
Office of the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852-2738; or
    2. By mail, telegram or facsimile addressed to the Secretary, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555. Attention: 
Rulemakings and Adjudications Staff.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the 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 interests may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in 
Sec. 2.1205(h);
    3. The requester's area 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)--that is, filed within 30 days 
of the date of this notice.
    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, University of Wyoming, Environmental Health & 
Safety, 303 Merica Hall, PO Box 3413, Laramie, Wyoming 82071-3413; and
    2. The NRC staff, by delivery to the General Counsel, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by mail, 
addressed to the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555.

    Dated at Arlington, Texas, this 20th day of September 2001.

    For the Nuclear Regulatory Commission.
D. Blair Spitzberg,
Chief, Fuel Cycle Decommissioning Branch, Division of Nuclear Materials 
Safety, Region IV.
[FR Doc. 01-24337 Filed 9-27-01; 8:45 am]
BILLING CODE 7590-01-P