[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Notices]
[Pages 384-385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-55]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7001, 70-7002]


Notice of Renewal of Certificates of Compliance, GDP-1 and GDP-2 
for the U.S. Enrichment Corporation, Paducah and Portsmouth Gaseous 
Diffusion Plants, Paducah, KY, and Portsmouth, OH

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of a Director's Decision renewing the Certificates of 
Compliance for the United States Enrichment Corporation (USEC) which 
allows continued operation of the two Gaseous Diffusion Plants (GDPs), 
at Paducah, Kentucky, and Portsmouth, Ohio.

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FOR FURTHER INFORMATION CONTACT: Michael Raddatz, Fuel Cycle Facilities 
Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Telephone: (301) 415-6334; Fax: (301) 415-
5955; and/or by e-mail: mgr@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Director's Decision (Decision) renewing the Certificates of Compliance 
for the two GDPs located near Paducah, Kentucky, and Portsmouth, Ohio, 
for the USEC, which allows continued operation of these plants. The 
renewal of these certificates for the GDPs covers a five-year period. 
Pursuant to 10 CFR 76.31, USEC submitted its renewal request on April 
11, 2003.
    Pursuant to 10 CFR 76.53, the NRC consulted with and requested 
written comments on the renewal application from the U.S. Environmental 
Protection Agency (EPA). EPA responded on June 27, 2003, indicating 
that they did not have comments. The NRC staff has reviewed the 
certificate renewal applications for the GDPs located near Paducah, 
Kentucky, and Portsmouth, Ohio. USEC's applications for certificate 
renewal did not propose any changes to the current safety basis or 
requirements. However, updates to USEC's Depleted Uranium Management 
Plan and Decommissioning Funding Plan were provided, to reflect a 
revised 5-year projection of accumulated depleted uranium and new cost 
estimates for disposition of depleted uranium and radioactive waste. 
Previous applications, statements, and reports are incorporated by 
reference into the renewal application as provided for in 10 CFR 76.36. 
These include the Technical Safety Requirements, Safety Analysis 
Report, Compliance Plan, Quality Assurance Program, Emergency Plan, 
Security and Safeguards Plans, Waste Management Program, and 
Decommissioning Funding Program, changes made pursuant to 10 CFR 76.68.
    Based on its review of the certificate renewal applications, the 
staff has concluded that in combination with existing certificate 
conditions, they provide reasonable assurance of adequate safety, 
safeguards, and security, and compliance with NRC requirements. The NRC 
staff has prepared Compliance Evaluation Reports which provide details 
of the staff's evaluations. The NRC staff has determined that the 
renewals satisfy the criteria for a categorical exclusion in accordance 
with 10 CFR 51.22 (c) (19). Therefore, pursuant to 10 CFR 51.22 (b), no 
environmental impact statement or environmental assessment needs to be 
prepared for this action.
    As a result of the staff reviews, the Director, Office of Nuclear 
Material Safety and Safeguards (NMSS), has found that the requirements 
in 10 CFR 76.60 for certification for operation of the GDPs have 
continued to be met. Accordingly, the Director has renewed Certificates 
of Compliance GDP-1 and GDP-2. The renewal of Certificates of 
Compliance GDP-1 and GDP-2 becomes effective immediately after being 
signed by the Director, NMSS.

II. Opportunity to File a Petition

    Pursuant to 10 CFR 76.62(c), USEC, or any person whose interest may 
be affected may file a petition requesting the Commission's review of 
this renewal decision. A petition requesting the Commission's review 
may not exceed 30 pages and must be filed within 30 days after the 
publication of this notice in the Federal Register. Within 15 days of 
filing a petition requesting the Commission's review, pursuant to 10 
CFR 76.62(c), any other person whose interest may be affected may file 
a response, not to exceed 30 pages, to the petition for review. 
Petitions requesting the Commission's review or responses thereto are 
to be served by either:
    (1) Delivery to the Rulemaking and Adjudications Staff of the 
Office of the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852, between 7:45 a.m. and 4:15 p.m., Federal workdays; 
or
    (2) Mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Rulemaking and 
Adjudications Staff. Because of continuing disruptions in the delivery 
of mail to United States Government offices, it is requested that 
requests for hearing also be transmitted to the Secretary of the 
Commission either by means of facsimile transmission to 301-415-1101, 
or by e-mail to hearingsdocket@nrc.gov.
    A petition for review of the Decision and responses thereto shall 
set forth with particularity the interest of the person and how that 
interest may be affected by the results of the decision. The petition 
or responses thereto shall specifically explain the reasons why review 
of the Decision should or should not be permitted with particular 
reference to the following factors:
    (1) The interest of the petitioner;
    (2) How that interest may be affected by the Decision, including 
the reasons why the petitioner should be permitted a review of the 
Decision; and
    (3) The petitioner's areas of concern about the activity that is 
the subject matter of the Decision.
    The filing of any petition for review or any responses thereto are 
governed by the procedural requirements set forth in 10 CFR 76.72.

III. Further Information

    In accordance with 10 CFR 2.790 of the NRC's ``Rules of Practice,'' 
details with respect to this action, including the application for 
renewal (Portsmouth-ML031050318, Paducah-ML031050324) and the 
Commission's Compliance Evaluation Reports (Portsmouth-ML033440617, 
Paducah-ML033440612), are available electronically for public 
inspection and copying 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/reading-rm/adams.html. These 
documents (except for classified and proprietary portions which are 
withheld in accordance with 10 CFR 2.790, ``Availability of Public 
Records'') are also available for public inspection at the Commission's 
Public Document Room, at One White Flint North, 11555 Rockville Pike 
Rockville, MD 20852.

    Dated at Rockville, Maryland, this 29th day of December, 2003.


[[Page 385]]


    For the Nuclear Regulatory Commission.

Martin J. Virgilio,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-55 Filed 1-2-04; 8:45 am]
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