Notice of Consideration of Approval of Transfer of Facility Licenses and Conforming Amendments, and Opportunity for a Hearing, 14621-14622 [E7-5641]

Download as PDF Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices Type of Review: Reinstatement, without change, of a previously approved collection. Title: 12 CFR part 701.22 Organization and Operation of Federal Credit Unions—Loan Participations. Description: NCUA has authorized federal credit unions to engage in loan participations, provided they establish written policies and enter into a written loan participation agreement. NCUA believes written policies are necessary to ensure a plan is fully considered before being adopted by the Board. Respondents: All Federal Credit Unions. Estimated No. of Respondents/ Recordkeepers: 1,000. Estimated Burden Hours per Response: 4 hours. Frequency of Response: On occasion. Estimated Total Annual Burden Hours: 4,000. Estimated Total Annual Cost: $100,000. By the National Credit Union Administration Board on March 22, 2007. Mary Rupp, Secretary of the Board. [FR Doc. E7–5661 Filed 3–27–07; 8:45 am] BILLING CODE 7535–01–P NUCLEAR REGULATORY COMMISSION sroberts on PROD1PC70 with NOTICES Notice of Consideration of Approval of Transfer of Facility Licenses and Conforming Amendments, and Opportunity for a Hearing General Electric Company; Vallecitos Boiling Water Reactor (Docket No. 50– 18); General Electric Test Reactor (Docket No. 50–70); Nuclear Test Reactor (Docket No. 50–73); Esada Vallecitos Experimental Superheat Reactor (Docket No. 50–183) The U.S. Nuclear Regulatory Commission (the Commission) is considering the issuance of an order under 10 CFR 50.80 approving the direct transfer of the Facility Licenses, which are numbered DPR–1 for the Vallecitos Boiling Water Reactor (VBWR), TR–1 for the General Electric Test Reactor (GETR), R–33 for the Nuclear Test Reactor (NTR), and DR–10 for the ESADA Vallecitos Experimental Superheat Reactor (EVESR) currently held by General Electric Company, as owner and licensed operator. The transfer would be to GE-Hitachi Nuclear Energy Americas, LLC. The Commission is also considering amending the licenses for administrative purposes to reflect the proposed transfer. According to an application for approval filed by General Electric VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 Company, GE-Hitachi Nuclear Energy Americas, LLC, a newly formed entity, would acquire ownership of the facilities following approval of the proposed license transfer, and would be responsible for the operations and maintenance of the VBWR, GETR, NTR and EVESR facilities. This new entity will be wholly owned by GE-Hitachi Nuclear Energy Holdings, LLC, created as a parent company. A U.S. subsidiary or subsidiaries of Hitachi Ltd, a Japanese company, will hold a 40% ownership interest in GE-Hitachi Nuclear Energy Holdings, LLC and the General Electric Company, through various subsidiaries, will hold a 60% ownership interest. No physical changes to the facilities or other changes are being proposed in the application. The proposed amendments would replace references to General Electric Company in the licenses with references to GE-Hitachi Nuclear Energy Americas, LLC, to reflect the proposed transfer. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the direct transfer of a license, if the Commission determines that the proposed transferee is qualified 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. Before issuance of the proposed conforming license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. As provided in 10 CFR 2.1315, unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility which does no more than conform the license to reflect the transfer action involves no significant hazards consideration. No contrary determination has been made with respect to this specific license amendment application. In light of the generic determination reflected in 10 CFR 2.1315, no public comments with respect to significant hazards considerations are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 14621 license transfer application, are discussed below. Within 20 days from the date of publication of this notice, any person whose interest may be affected by the Commission’s action on the application may request a hearing and, if not the applicant, may petition for leave to intervene in a hearing proceeding on the Commission’s action. Requests for a hearing and petitions for leave to intervene should be filed in accordance with the Commission’s rules of practice set forth in Subpart C ‘‘Rules of General Applicability: Hearing Requests, Petitions to Intervene, Availability of Documents, Selection of Specific Hearing Procedures, Presiding Officer Powers, and General Hearing Management for NRC Adjudicatory Hearings,’’ of 10 CFR Part 2. In particular, such requests and petitions must comply with the requirements set forth in 10 CFR 2.309. Untimely requests and petitions may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for failure to file on time is established. In addition, an untimely request or petition should address the factors that the Commission will also consider, in reviewing untimely requests or petitions, set forth in 10 CFR 2.309(c)(1)(i)–(viii). Requests for a hearing and petitions for leave to intervene should be served upon Mr. Donald J. Silverman, Morgan Lewis & Bockius, LLP, 1111 Pennsylvania Avenue, NW., Washington, DC 20004 (tel: 202–739– 5502; fax: 202–739–3001; e-mail: dsilverman@morganlewis.com); the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001 (e-mail address for filings regarding license transfer cases only: OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 and 2.305. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing. As an alternative to requests for hearing and petitions to intervene, 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, E:\FR\FM\28MRN1.SGM 28MRN1 14622 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices 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. For further details with respect to this action, see the application dated January 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 21st day of March 2007. For the Nuclear Regulatory Commission. Marvin M. Mendonca, Senior Project Manager, Research and Test Reactors Branch B, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. E7–5641 Filed 3–27–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [IA–07–008] In the Matter of James Francis Mattocks; Order Prohibiting Involvement in NRC-Licensed Activities (Immediately Effective) sroberts on PROD1PC70 with NOTICES I Mr. James Francis Mattocks was employed as a contract security officer at Florida Power and Light Company’s St. Lucie Nuclear Plant (Licensee) from approximately September 6, 2005, to January 7, 2006. Licensee holds license Nos. DPR–67 and NPF–16, issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 50 on March 1, 1976 (Unit 1), and June 10, 1983 (Unit 2). The license authorizes the operation of the St. Lucie Nuclear Plant, Units 1 and 2, in accordance with the conditions specified therein. The facility is located VerDate Aug<31>2005 17:09 Mar 27, 2007 Jkt 211001 on the Licensee’s site in St. Lucie County, Florida. II In 2006, Florida law enforcement officials conducted a criminal investigation into the theft of a weapon and thermal imaging scope from the Licensee’s facility. As a result of the investigation, the State of Florida concluded that in December 2005, Mr. Mattocks, while employed as a contract security officer, deliberately removed a Bushmaster .223 Caliber M4/A3 assault rifle and thermal imaging scope from the Licensee’s facility without authorization. On December 20, 2006, Mr. Mattocks entered a plea of guilty to the charge of Grand Theft—Firearm in the Circuit Court for St. Lucie County and was adjudged guilty of the charge upon the Court’s acceptance of his plea. Mr. Mattocks was sentenced to 14 months of incarceration to be followed by 2 years probation. License Nos. DPR–67 and NPF–16, Section 3.F, Physical Protection, require the Licensee to fully implement and maintain in effect all provisions of the Commission-approved physical security, training and qualification, and safeguards contingency plans including amendments. The Licensee’s Physical Security Plan (PSP), Section 15.6, establishes the requirement that the Licensee maintain a firearms program to ensure firearms function properly. The PSP states, in part, that the program is described in facility procedures and includes provisions to account for Licensee firearms. Licensee implementing procedure, SEC–AD– 1003, Section 5.1.2 states, in part, that for any weapon that is taken from the station’s inventory for disposal or sale, the station will document the weapon by make, model, name of institution or individual the weapon’s accountability was transferred to, signature of the Security Manager/designee releasing ownership of the weapon, and the date the weapon was released from the station’s inventory. In this case, Mr. Mattocks removed the weapon and scope from station inventory without any authorization or approvals. III Based on the above, Mr. James Francis Mattocks, a former employee of the Licensee, has engaged in deliberate misconduct that has caused the Licensee to be in violation of 10 CFR 50.5. NRC must be able to rely on the Licensee and its employees to comply with NRC requirements with honesty and integrity. Mr. Mattocks’ actions in this case caused the Licensee to violate its PSP and raise serious doubt as to PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 whether he can be relied upon to comply with NRC requirements with honesty and integrity. Consequently, I lack the requisite reasonable assurance that licensed activities can be conducted in compliance with the Commission’s requirements and that the health and safety of the public will be protected if Mr. James Francis Mattocks were permitted at this time to be involved in NRC licensed activities. Therefore, the public health, safety and interest require that Mr. James Francis Mattocks be prohibited from any involvement in NRC-licensed activities for a period of five years from the date of this Order. Additionally, Mr. James Francis Mattocks is required to notify the NRC of his first employment in NRC-licensed activities for a period of three years following expiration of the prohibition period. Furthermore, pursuant to 10 CFR 2.202, I find that the significance of Mr. James Francis Mattocks’ conduct described above is such that the public health, safety and interest require that this Order be immediately effective. IV Accordingly, pursuant to sections 103, 104b, 161b, 161i, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, 10 CFR 50.5, and 10 CFR 150.20, It is hereby ordered, effective immediately, that: 1. Mr. James Francis Mattocks is prohibited from engaging in NRClicensed activities for a period of five years from the date of this Order. NRClicensed activities are those activities that are conducted pursuant to a specific or general license issued by the NRC, including, but not limited to, those activities of Agreement State licensees conducted pursuant to the authority granted by 10 CFR 150.20. 2. If Mr. James Francis Mattocks is currently involved in licensed activities on behalf of an NRC licensee, he must immediately cease those activities, inform the NRC of the name, address and telephone number of the licensee employer, and provide a copy of this order to the licensee employer. 3. For a period of three years after the five year period of prohibition has expired, Mr. James Francis Mattocks shall, within 20 days of acceptance of an offer of employment involving his performance of NRC-licensed activities or his becoming involved in NRClicensed activities, as defined in Paragraph IV.1 above, provide notice to the Director, Office of Enforcement (OE), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, of the name, address, and telephone number of the employer or the entity on whose E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14621-14622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5641]


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NUCLEAR REGULATORY COMMISSION


Notice of Consideration of Approval of Transfer of Facility 
Licenses and Conforming Amendments, and Opportunity for a Hearing

General Electric Company; Vallecitos Boiling Water Reactor (Docket No. 
50-18); General Electric Test Reactor (Docket No. 50-70); Nuclear Test 
Reactor (Docket No. 50-73); Esada Vallecitos Experimental Superheat 
Reactor (Docket No. 50-183)

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 50.80 approving the 
direct transfer of the Facility Licenses, which are numbered DPR-1 for 
the Vallecitos Boiling Water Reactor (VBWR), TR-1 for the General 
Electric Test Reactor (GETR), R-33 for the Nuclear Test Reactor (NTR), 
and DR-10 for the ESADA Vallecitos Experimental Superheat Reactor 
(EVESR) currently held by General Electric Company, as owner and 
licensed operator. The transfer would be to GE-Hitachi Nuclear Energy 
Americas, LLC. The Commission is also considering amending the licenses 
for administrative purposes to reflect the proposed transfer.
    According to an application for approval filed by General Electric 
Company, GE-Hitachi Nuclear Energy Americas, LLC, a newly formed 
entity, would acquire ownership of the facilities following approval of 
the proposed license transfer, and would be responsible for the 
operations and maintenance of the VBWR, GETR, NTR and EVESR facilities. 
This new entity will be wholly owned by GE-Hitachi Nuclear Energy 
Holdings, LLC, created as a parent company. A U.S. subsidiary or 
subsidiaries of Hitachi Ltd, a Japanese company, will hold a 40% 
ownership interest in GE-Hitachi Nuclear Energy Holdings, LLC and the 
General Electric Company, through various subsidiaries, will hold a 60% 
ownership interest.
    No physical changes to the facilities or other changes are being 
proposed in the application.
    The proposed amendments would replace references to General 
Electric Company in the licenses with references to GE-Hitachi Nuclear 
Energy Americas, LLC, to reflect the proposed transfer.
    Pursuant to 10 CFR 50.80, no license, or any right thereunder, 
shall be transferred, directly or indirectly, through transfer of 
control of the license, unless the Commission shall give its consent in 
writing. The Commission will approve an application for the direct 
transfer of a license, if the Commission determines that the proposed 
transferee is qualified 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.
    Before issuance of the proposed conforming license amendments, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    Within 20 days from the date of publication of this notice, any 
person whose interest may be affected by the Commission's action on the 
application may request a hearing and, if not the applicant, may 
petition for leave to intervene in a hearing proceeding on the 
Commission's action. Requests for a hearing and petitions for leave to 
intervene should be filed in accordance with the Commission's rules of 
practice set forth in Subpart C ``Rules of General Applicability: 
Hearing Requests, Petitions to Intervene, Availability of Documents, 
Selection of Specific Hearing Procedures, Presiding Officer Powers, and 
General Hearing Management for NRC Adjudicatory Hearings,'' of 10 CFR 
Part 2. In particular, such requests and petitions must comply with the 
requirements set forth in 10 CFR 2.309. Untimely requests and petitions 
may be denied, as provided in 10 CFR 2.309(c)(1), unless good cause for 
failure to file on time is established. In addition, an untimely 
request or petition should address the factors that the Commission will 
also consider, in reviewing untimely requests or petitions, set forth 
in 10 CFR 2.309(c)(1)(i)-(viii).
    Requests for a hearing and petitions for leave to intervene should 
be served upon Mr. Donald J. Silverman, Morgan Lewis & Bockius, LLP, 
1111 Pennsylvania Avenue, NW., Washington, DC 20004 (tel: 202-739-5502; 
fax: 202-739-3001; e-mail: dsilverman@morganlewis.com); the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 
(e-mail address for filings regarding license transfer cases only: 
OGCLT@NRC.gov); and the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 
and 2.305.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    As an alternative to requests for hearing and petitions to 
intervene, 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,

[[Page 14622]]

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.
    For further details with respect to this action, see the 
application dated January 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 21st day of March 2007.

    For the Nuclear Regulatory Commission.
Marvin M. Mendonca,
Senior Project Manager, Research and Test Reactors Branch B, Division 
of Policy and Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. E7-5641 Filed 3-27-07; 8:45 am]
BILLING CODE 7590-01-P