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Confirmatory Order, I&M agrees to the criteria set forth in 10 CFR 2.309(d) Assessment (EA) in support of this
implement a periodic assessment of its and (f). action in accordance with the
compliance with its work hour If the hearing is requested by a person requirements of 10 CFR Part 51. Based
limitations program and evaluate the whose interest is adversely affected, the on the EA, the NRC has concluded that
results of the assessment for trends. Commission will issue an order a Finding of No Significant Impact
6. In the event of the transfer of the designating the time and place of any (FONSI) is appropriate. The amendment
operating license of D.C. Cook plant to hearing. If a hearing is held, the issue to will be issued following the publication
another entity, the actions as required be considered at such hearing shall be of this Notice.
by this Confirmatory Order shall whether this Confirmatory Order should
continue to apply to the D.C. Cook plant II. EA Summary
be sustained.
and accordingly survive any transfer of In the absence of any request for The purpose of this proposed action
ownership or license. hearing, or written approval of an is to allow the licensee to decommission
7. The NRC understands that I&M has extension of time in which to request a its facility in a phased approach which
appealed the ARB decision to the hearing, the provisions specified in will take longer than the two year
United States Court of Appeals for the Section V shall be final 20 days from the period identified in the approved
Sixth Circuit. The outcome of that date of this Confirmatory Order without decommissioning plan (DP). Following
appeal will not alter I&M’s actions set further order or proceedings. If an an extensive supplemental
forth herein or the provisions of this extension of times for requesting a characterization study, Molycorp found
Confirmatory Order. hearing has been approved, the that there is a large volume of
The Director, Office of Enforcement, provisions specified in Section V shall contaminated material in the
may, in writing, relax or rescind any of be final when the extension expires if a subsurface. Molycorp will excavate the
the above conditions upon hearing request has not been received. A contaminated soils and transport them
demonstration by the Licensee of good request for hearing shall not stay the off-site to an NRC approved facility.
cause. immediate effectiveness of this order. Molycorp’s proposed alternate
VI decommissioning schedule shows that
Dated this 4th day of April, 2007.
all decommissioning activities will be
Any person adversely affected by this For The Nuclear Regulatory Commission. completed by the end of 2008.
Confirmatory Order, other than the Cynthia A. Carpenter, Molycorp’s request is contained in a
Licensee, may request a hearing within Director, Office of Enforcement. letter to NRC dated October 11, 2006.
20 days of its issuance. Where good [FR Doc. E7–6843 Filed 4–10–07; 8:45 am] An earlier, and more extensive, EA
cause is shown, consideration will be BILLING CODE 7590–01–P was prepared for License Amendment
given to extending the time to request a No. 5, in support of the NRC staff
hearing. A request for extension of time evaluation of Molycorp’s final DP. The
must be made in writing to the Director, NUCLEAR REGULATORY NRC staff determined that all steps in
Office of Enforcement, U.S. Nuclear COMMISSION the proposed decommissioning could be
Regulatory Commission, Washington, accomplished in compliance with the
DC. 20555, and include a statement of [Docket No. 040–08778]
NRC public and occupational dose
good cause for the extension. Any limits, effluent release limits, and
Notice of Availability of Environmental
request for a hearing shall be submitted residual radioactive material limits. In
Assessment and Finding of No
to the Secretary, U.S. Nuclear addition, the staff concluded that
Significant Impact for License
Regulatory Commission, ATTN: Chief, approval of the decommissioning of the
Amendment for Molycorp, Inc.’s
Rulemakings and Adjudications Staff, Molycorp Washington, PA, facility in
Facility in Washington, PA
Washington, DC. 20555–0001. Copies of accordance with the commitments in
the hearing request shall also be sent to AGENCY: Nuclear Regulatory NRC license SMB–1393 and the final DP
the Director, Office of Enforcement, U.S. Commission. would not result in a significant adverse
Nuclear Regulatory Commission, ACTION: Notice of Availability. impact on the environment. The
Washington, DC. 20555–0001, to the proposed action does not change the
Assistant General Counsel for Materials FOR FURTHER INFORMATION CONTACT: impacts analyzed in detail in the EA
Litigation and Enforcement at the same James Webb, Project Manager, prepared for License Amendment No. 5.
address, to the Regional Administrator, Decommissioning and Uranium If the NRC approves the license
NRC Region III, 2443 Warrenville Road, Recovery Licensing Directorate, amendment, the authorization will be
Suite 210, Lisle, IL 60532–4352, and to Division of Waste Management and documented in an amendment to NRC
the Licensee. Because of potential Environmental Protection, Office of License No. SMB–1393. However,
disruptions in delivery of mail to United Federal and State Materials and before approving the proposed
States Government offices, it is Environmental Management Programs, amendment, the NRC will need to make
requested that requests for hearing be U.S. Nuclear Regulatory Commission, the findings required by the Atomic
transmitted to the Secretary of the Washington, DC 20555–0001; Energy Act of 1954, as amended, and
Commission either by means of Telephone: (301) 415–6252; fax number: NRC’s regulations. These findings will
facsimile transmission to 301–415–1101 (301) 415–5398; e-mail: jxw2@nrc.gov. be documented in a Safety Evaluation
or by e-mail to hearingdocket@nrc.gov SUPPLEMENTARY INFORMATION: Report in addition to the EA.
and also to the Office of the General
Counsel either by means of facsimile I. Introduction III. Finding of No Significant Impact
transmission to 301–415–3725 or by e- The NRC is considering issuance of a The staff has prepared the EA
cprice-sewell on PRODPC61 with NOTICES
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Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 18283
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