General Electric Company; Morris Operation, Independent Spent Fuel Storage Installation; Notice of Consideration of Approval of Transfer of Special Nuclear Material License and Conforming Amendment and Opportunity for a Hearing, 17942-17943 [E7-6742]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Pages 17942-17943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6742]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1]


General Electric Company; Morris Operation, Independent Spent 
Fuel Storage Installation; Notice of Consideration of Approval of 
Transfer of Special Nuclear Material License and Conforming Amendment 
and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an order under 10 CFR 72.50 approving the 
direct transfer of the Special Nuclear Material License No. SNM-2500 
for the Morris Operation, Independent Spent Fuel Storage Installation 
(ISFSI) currently held by General Electric Company, as owner and 
licensed operator. The facility is located in Grundy County, Illinois, 
near Morris, Illinois. The transfer would be to GE-Hitachi Nuclear 
Energy Americas, LLC. The Commission is also considering amending the 
license 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 facility following approval of 
the proposed license transfer, and would be responsible for the 
operation and maintenance of the Morris Operation, ISFSI. 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. 
General Electric, through various subsidiaries, will hold a 60% 
ownership interest.
    No physical changes to the Morris Operation, ISFSI facility or 
operational changes are being proposed in the application.
    The proposed amendment would replace references to General Electric 
Company in the license with references to GE-Hitachi Nuclear Energy 
Americas, LLC, to reflect the proposed transfer.
    Pursuant to 10 CFR 72.50, no license, or any part included in a 
license issued under this part for an ISFSI, shall be transferred, 
directly or indirectly, through transfer of control of the license, 
unless the Commission gives its consent in writing. The Commission will 
approve an application for the 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.
    Before issuance of the proposed conforming license amendment, 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 an ISFSI which does no 
more than conform the license to reflect the transfer action involves 
no genuine issue as to whether the health and safety of the public will 
be significantly affected. No contrary determination has been made with 
respect to this specific license amendment application.
    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

[[Page 17943]]

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, 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 Agencywide Documents Access and Management 
System's (ADAMS) Public Electronic Reading Room on the Internet at the 
NRC Web site, https://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 20th day of March, 2007.

    For the Nuclear Regulatory Commission.
Robert A. Nelson,
Chief, Licensing Branch, Licensing and Inspection Directorate, Division 
of Spent Fuel Storage and Transportation, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. E7-6742 Filed 4-9-07; 8:45 am]
BILLING CODE 7590-01-P