Notice of Consideration of Amendment Request for Molycorp, Washington, Pennsylvania and Opportunity for a Hearing

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,

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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]

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