Notice of License Application for Possession and Use of Byproduct, Source, and Special Nuclear Materials for the Mixed Oxide Fuel Fabrication Facility, Aiken, SC, and Opportunity To Request a Hearing, 12204-12206 [E7-4751]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Notices]
[Pages 12204-12206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4751]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-3098]


Notice of License Application for Possession and Use of 
Byproduct, Source, and Special Nuclear Materials for the Mixed Oxide 
Fuel Fabrication Facility, Aiken, SC, and Opportunity To Request a 
Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license application, and opportunity to request a 
hearing.

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DATES: A request for a hearing must be filed by May 14, 2007.

FOR FURTHER INFORMATION CONTACT: David Tiktinsky, Senior Project 
Manager, MOX Branch, Division of Fuel Cycle Safety and Safeguards, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Telephone: (301) 415-6195; 
fax number: (301) 415-5369; e-mail: dht@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) has received, by letter 
dated September 27, 2006, November 16, 2006 (document withheld based on 
10 CFR 2.390), and January 4, 2007 (a public redacted version), a 
license application and supporting documents from Shaw AREVA MOX 
Services (MOX Services), requesting a license for possession and use of 
byproduct, source, and special nuclear materials for the Mixed Oxide 
Fuel Fabrication Facility (MFFF) to be located on the Savannah River 
Site in Aiken, SC.
    On March 30, 2005, the NRC issued a Construction Authorization (CA) 
to MOX Services (formerly known as Duke, Cogema, Stone and Webster) for 
a MFFF to be located at the Savannah River Site in Aiken, South 
Carolina (ML050660392).The NRC staff's technical basis for issuing the 
CA was set forth in NUREG-1821, ``Final Safety Evaluation Report on the 
Construction Authorization Request for the Mixed Oxide Fuel Fabrication 
Facility at the Savannah River Site, South Carolina'' (ML050660399). 
The results of the staff's environmental review related to the issuance 
of the CA are contained in NUREG-1767, ``Environmental Impact Statement 
on the Construction and Operation of a Mixed Oxide Fuel Fabrication 
Facility at the Savannah River Site, South Carolina--Final Report'' 
(ML050240233, ML050240250).
    A License Application (LA) was submitted to the NRC on September 
27, 2006, requesting the approval for the possession and use of 
byproduct, source, and special nuclear materials for the MFFF. In the 
process of performing the Acceptance/Acknowledgment review of the LA, 
the staff identified some parts of the submittal that required 
modifications in order for the NRC to complete the initial review. The 
preliminary review of the LA indicated that much of the information 
required by Part 70 (in particular, 10 CFR 70.22 and 10 CFR part 70, 
subpart H) to be in an operating license application was contained in 
the Integrated Safety Analyses (ISA) Summary. The staff also believed 
that some of the information that was identified to be withheld as 
proprietary should be publically available.
    On November 7, 2006, the NRC sent a letter to Mr. David Stinson, 
President of MOX Services indicating the modifications that were needed 
in order for the NRC to complete its initial Acceptance/Acknowledgment 
review. A revised LA was submitted to the NRC on November 16, 2006 
(document was withheld under 10 CFR 2.390).
    The U.S. NRC staff performed an acknowledgment/ acceptance review 
of the revised MFFF license submittals to determine if sufficient 
information was provided for the staff to begin a detailed technical 
review.
    The submittals generally addressed the requirements of an operating 
license for a facility specified in 10 CFR part 70, and the items 
specified in NUREG-1718, ``Standard Review Plan for the Review of an 
Application for a Mixed Oxide Fuel Fabrication Facility.'' The staff 
accepted the application for technical review and docketing. The

[[Page 12205]]

Acceptance/Acknowledgment review was documented in a letter to MOX 
Services dated December 20, 2006 (ML063530612). A redacted public 
version of the LA was submitted to the NRC on January 4, 2007 
(ML070160304 and ML070160311).
    The NRC will review the license application for compliance with 
applicable sections of regulations in Title 10 of the Code of Federal 
Regulations (10 CFR)--Energy, Chapter I--Nuclear Regulatory Commission.
    If the NRC approves the application, the approval will be 
documented in an NRC License. However, before approving the request for 
an operating license, the NRC will need to make the findings required 
by the Atomic Energy Act of 1954, as amended, and NRC's regulations. 
These findings will be documented in a Safety Evaluation Report.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license. 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 Staff;
    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, hearingdocket@nrc.gov; 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, Shaw AREVA MOX Services, P.O. Box 7097, Aiken, SC 
29804, Attention: Dealis Gwyn; 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 via e-mail to 
ogcmailcenter@nrc.gov.
    The formal requirements for documents contained in 10 CFR 2.304(b), 
(c), (d), and (e), must be met. 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), 
as long as 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 May 14, 2007.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, 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 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 report, or other supporting documents filed by an applicant or 
licensee, or otherwise available to the petitioner.
    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

[[Page 12206]]

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 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 application and 
supporting documentation, are available electronically at the NRC's 
Electronic Reading Room at https://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 numbers for the documents related 
to this notice are:

------------------------------------------------------------------------
                                               ADAMS
                Document                   Accession No.       Date
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License Application for the MFFF........     ML062750194      09/27/2006
Request for exemption from                   ML062720071      09/27/2006
 decommissioning requirements...........
Request for exemption from radiation         ML062720076      09/27/2006
 labeling requirements..................
Request for exemption from indemnity         ML062720082      09/27/2006
 agreement and financial protection
 requirement............................
NRC letter with comments on LA content       ML063100216      11/07/2006
 review.................................
Emergency plan assessment...............     ML063250124      11/16/2007
                                             ML063250129
NRC acceptance/acknowledgment review         ML063530612      12/20/2006
 letter.................................
Transmittal letter for public version of     ML070160304      01/04/2007
 LA.....................................
License application public version......     ML070160311      01/04/2007
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    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to pdr@nrc.gov.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O-1-F-21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 7th day of March, 2007.

    For the Nuclear Regulatory Commission.
Joseph Giitter,
Director, Special Project, and Technical Support Directorate, Division 
of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. E7-4751 Filed 3-14-07; 8:45 am]
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