[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Pages 45087-45088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17140]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8584]


Kennecott Uranium Company--Sweetwater Uranium Mill Site

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of opportunity for hearing.

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DATES: A request for a hearing must be filed by September 27, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Elaine Brummett, Fuel Cycle 
Facilities Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T8-F42, Washington, DC 20555-0001, telephone 
(301) 415-6606 and e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering the renewal 
of Source Material License SUA-1350 for 10 years for Kennecott Uranium 
Company for operations at the Sweetwater uranium mill site located in 
Rawlins, Wyoming. The request and application for a 10-year license 
renewal was dated May 25, 2004, and accepted for review on June 24, 
2004. All the processes and facilities of the mill have remained 
unchanged since the 1999 renewal. The facility will remain on stand-by 
status (no ore processing) until an amendment for operational status is 
requested and approved. Pursuant to 10 CFR 51.22(c)(11), this action is 
a Categorical Exclusion; therefore, an Environmental Assessment is not 
necessary.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license renewal. 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, [email protected]; 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 Kennecott Uranium Company, 
Sweetwater Uranium Project, Post Office Box 1500, Rawlins, Wyoming 
82301-1476, Attention: Oscar Paulson; 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 email to 
[email protected].
    The formal requirements for documents are contained in 10 CFR 
2.304(b), (c), (d), and (e), and must be met. However, 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), if 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 September 27, 2004.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the NRC's regulations, 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 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 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 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

[[Page 45088]]

petition is to be filed, such as the application or other supporting 
documents filed by the applicant, or otherwise available to the 
petitioner. Contentions may be amended or new contentions filed after 
the initial filing only with leave of the presiding officer.
    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.

III. Further Information

    Documents related to this action, including the applications for 
renewals and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. 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: Request for a Ten Year License 
Renewal (application enclosed), ML041530045. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR Reference staff by 
telephone at (800) 397-4209 or (301) 415-4737, or by e-mail to 
[email protected]. These documents may also be examined, and/or copied for a 
fee, at the NRC Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (First Floor), Rockville, MD 20852. The PDR 
is open from 7:45 a.m. to 4:15 p.m., Monday through Friday, except on 
Federal holidays.

    Dated at Rockville, Maryland, this 19th day of July 2004.

    For the Nuclear Regulatory Commission.
Elaine Brummett,
Project Manager, Fuel Cycle Facilities Branch, Division of Fuel Cycle 
Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 04-17140 Filed 7-27-04; 8:45 am]
BILLING CODE 7590-01-P