Notice of License Amendment Request of BWX Technologies, Inc., Lynchburg, VA, and Opportunity To Request a Hearing, 36515-36516 [E7-12786]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Notices]
[Pages 36515-36516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12786]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-27]


Notice of License Amendment Request of BWX Technologies, Inc., 
Lynchburg, VA, and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

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

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DATES: A request for a hearing must be filed by September 4, 2007.

FOR FURTHER INFORMATION CONTACT: Joel Wiebe, Project Manager, Fuel 
Facility Licensing Directorate, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Mail Stop T-8F42, Washington, DC 20555. 
Telephone: (301) 415-6606, fax: ( 301) 415-5955; e-mail: bcg@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Nuclear Regulatory Commission (NRC) has received, by letter 
dated May 2, 2007, a license amendment application from BWX 
Technologies, Inc. (BWXT), requesting an exemption to the requirements 
of 10 CFR 70.24, Criticality Accident Requirements, in its materials 
license, at its Mt. Athos site located in Lynchburg, Virginia. 
Materials License SNM-42 authorizes the licensee to possess nuclear 
materials, manufacture nuclear fuel components, fabricate research and 
university reactor components, fabricate compact reactor fuel elements, 
perform research on spent fuel performance, and handle the resultant 
waste streams, including recovery of scrap uranium. Specifically, the 
exemption request would enable BWXT to implement a security upgrade for 
protecting special nuclear material (SNM), in particular storage 
locations, in times of storage. During the times that the SNM, are 
accessible in their storage locations, BWXT will be required to meet 
the requirements of 10 CFR 70.24 at those locations.
    An NRC administrative review, documented in a communication to 
BWXT, May 16, 2007, found the application acceptable to begin a 
technical review. If the NRC grants the exemption request, the basis 
for doing so will be documented in a safety evaluation report approving 
an amendment to NRC Docket No. 70-27. The NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended, and 
NRC's regulations. Additionally, under the National Environmental 
Policy Act, if a finding of no significant impact can be made regarding 
the proposed exemption, such a finding will be documented in an 
environmental assessment.

II. Opportunity To Request a Hearing

    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 the proposed action and who desires to 
participate as a party in an NRC adjudicatory proceeding must file a 
written request for a hearing and a specification of the contentions 
which the person seeks to have litigated.
    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;
    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, BWXT, Nuclear Products Division, P.O. Box 785, 
Lynchburg, VA 24505-0785, Attention: Leah Morrell; 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 by 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 September 4, 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 a 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

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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 BWXT's May 2, 2007 application. 
Contentions may be amended or new contentions filed after the initial 
filing only with leave of the presiding officer.
    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

    The application, and any information referenced in the application, 
may be made available pursuant to a protective order and subject to 
applicable security requirements upon a showing that the petitioner has 
an interest that may be affected by the proceeding.

    Dated at Rockville, Maryland, this 21st day of June 2007.

    For the Nuclear Regulatory Commission.
Gary S. Janosko,
Deputy Director, Fuel Facility Licensing Directorate, Division of Fuel 
Cycle Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. E7-12786 Filed 7-2-07; 8:45 am]
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