[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5882-5884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1807]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No.: 070-3103]
Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring for Louisiana Energy Services National
Enrichment Facility In Lea County, New Mexico, and Conforming
Amendment, and Opportunity To Provide Comments and Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of application for approval of an indirect license
transfer, and opportunity to request a hearing and provide written
comments.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by February 20, 2008.
FOR FURTHER INFORMATION CONTACT: Timothy C. Johnson, Sr. Project
Manager, Enrichment and Conversion Branch, Division of Fuel Cycle
Safety and Safeguards, Office of Nuclear Material Safety and
Safeguards, Nuclear Regulatory Commission, Washington, DC 20555.
Telephone: (301) 492-3121; Fax number: (301) 492-3359; e-mail:
tcj@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (the Commission or NRC) is
considering an application for approval of an indirect transfer of
control regarding Special Nuclear Material License No. SNM-2010. This
license was issued on June 23, 2006, to Louisiana Energy Services, L.P.
(the Licensee), for its National Enrichment Facility (NEF), located in
Lea County, New Mexico. The license authorizes the Licensee to
construct and operate a gas centrifuge uranium enrichment facility.
The application now being considered is dated October 19, 2007. The
Licensee proposes to (1) restructure itself from a Limited Partnership
(LP) to a Limited Liability Company (LLC); and (2) reorganize the
ownership arrangement of Urenco Deelnemingen BV (UDE), a current
limited partner of the Licensee. No physical changes to the NEF or
operational changes are being proposed. An NRC administrative review,
documented in an e-mail sent to the Licensee on November 7, 2007, found
the application acceptable to begin a more detailed technical review.
If the application is granted, the license would be amended for
administrative purposes to reflect the transfer, by replacing
references to Louisiana Energy Services, L.P., in the license with
references to Louisiana Energy Services, L.L.C.
Pursuant to Title 10 of the Code of Federal Regulations (CFR),
section 70.36, no license granted under 10 CFR part 70, and no right
thereunder to use special nuclear material, shall be transferred,
assigned, or in any manner disposed of, directly or indirectly, through
transfer of control of any license to any person unless the Commission
shall, after securing full information, find that the transfer is in
accordance with the Atomic Energy Act (AEA), and gives its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
restructuring and reorganization will not affect the qualifications of
the Licensee to hold the license, and that the transfer is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission pursuant thereto.
If the October 19 application is granted, the license would be
amended to reflect the Licensee's new status as an LLC, and UDE's
reorganized ownership. Before such a license amendment is issued, the
NRC will have made the findings required by the AEA and NRC's
regulations. These findings will be documented in a Safety Evaluation
Report. An Environmental Assessment (EA) will not be performed because,
pursuant to 10 CFR 51.22(c)(21), license transfer approvals and
associated license amendments are categorically excluded from the
requirement to perform an EA.
II. Opportunity to Request a Hearing
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected and who desires to participate
as a party must file a request for a hearing. The hearing request must
include a specification of the contentions that the person seeks to
have litigated in the hearing, and must be filed in accordance the NRC
E-filing rule, which the NRC promulgated in August 2007 (72 FR 49139;
August 28, 2007). The E-Filing rule requires participants to submit and
serve documents over the internet or in some cases to mail copies on
electronic storage media. Participants may not submit paper copies of
their filings unless they seek a waiver in accordance with the
procedures described below.
To comply with the procedural requirements of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
[[Page 5883]]
calling (301) 415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer(tm) to
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer(tm) is free and is available
at http://www.nrc.gov/site-help/e-submittals/install-viewer.html.
Information about applying for a digital ID certificate is available on
NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at http://www.nrc.gov/
site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209, or
locally (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville, Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at:
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include social
security numbers in their filings. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3)), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by February 20, 2008.
In addition to meeting other applicable requirements of 10 CFR
2.309, 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 (including the applicant's environmental report and safety
report) 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 a 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 petition is to be filed, such as the application, supporting safety
analysis
[[Page 5884]]
report, environmental report or other supporting document filed by an
applicant or licensee, or otherwise available to the petitioner. On
issues arising under the National Environmental Policy Act, the
requester/petitioner shall file contentions based on the applicant's
environmental report. The requester/petitioner may amend those
contentions or file new contentions if there are data or conclusions in
the NRC draft, or final environmental impact statement, environmental
assessment, or any supplements relating thereto, that differ
significantly from the data or conclusions in the applicant's
documents. Otherwise, contentions may be amended or new contentions
filed after the initial filing only with leave of the presiding
officer.
Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Safety Evaluation Report for the
proposed action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
5. Miscellaneous--does not fall into one of the categories outlined
above.
If the requester/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requester/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requester/petitioner asserts the contention belongs with a separate
designation for that category.
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 accordance with the E-Filing rule, 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.
As indicated below, pursuant to 10 CFR 2.310(g), any hearing would
be subject to the procedures set forth in 10 CFR part 2, Subpart M.
III. Opportunity to Provide Written Comments
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted to the Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications
Staff, and should cite the publication date and page number of this
Federal Register notice. Comments received after 30 days will be
considered if practicable to do so, but only those comments received on
or before the due date can be assured consideration.
For further details with respect to this license transfer
application, see the application dated October 19, 2007, available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly-available
records will be accessible electronically from the Agency Wide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site http://www.nrc.gov/
reading-rm/adams.html. 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 1-800-397-4209, or
301-415-4737 or by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 24th day of January, 2008.
For the Nuclear Regulatory Commission.
Brian W. Smith,
Chief, Enrichment and Conversion Branch, Fuel Facility Licensing
Directorate, Division of Fuel Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E8-1807 Filed 1-30-08; 8:45 am]
BILLING CODE 7590-01-P