Notice of License Amendment Request of Nuclear Fuel Services, Inc., Erwin, TN, and Opportunity To Request a Hearing, 74352-74354 [E7-25406]
Download as PDF
<![CDATA[
74352
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
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 19th day
of December 2007.
For the Nuclear Regulatory Commission.
Alexander Adams, Jr.,
Acting Chief Research and Test Reactors
Branch A, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. E7–25413 Filed 12–28–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Geologic Repository Operations Area
Security and Material Control and
Accounting Requirements; Meeting
Nuclear Regulatory
Commission.
ACTION: Notice of meeting.
AGENCY:
The Nuclear Regulatory
Commission (NRC) has published a
proposed rule on Geologic Repository
Operations Area Security and Material
Control and Accounting Requirements
for public comment (72 FR 72522;
December 20, 2007). The public
comment period runs from December
20, 2007 thru March 4, 2008. As part of
the public comment process, the NRC
plans to hold a transcribed public
meeting to solicit comments on the
proposed rule. NRC staff will be taking
comments only and will not be prepared
to discuss or respond to comments or
questions on the rule. The meeting is
open to the public and all interested
parties may attend. The meeting will be
held on January 23, 2008, in the NRC
Hearing Facility at the Pacific Enterprise
Plaza, Building One, 3250 Pepper Lane,
Las Vegas, Nevada. During the comment
period, comments may also be mailed to
the NRC or submitted via fax or e-mail.
DATES: January 23, 2008 from 3 p.m. to
7 p.m.
ADDRESSES: The January 23 meeting will
be held in the NRC Hearing Facility at
the Pacific Enterprise Plaza, Building
One, 3250 Pepper Lane, Las Vegas, NV
89120.
FOR FURTHER INFORMATION CONTACT:
Merri Horn, telephone (301) 415–8126,
e-mail, mlh1@nrc.gov of the Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is to obtain
sroberts on PROD1PC70 with NOTICES
SUMMARY:
VerDate Aug<31>2005
20:08 Dec 28, 2007
Jkt 214001
stakeholder comments on the Geologic
Repository Operations Area Security
and Material Control and Accounting
Requirements Proposed Rule. The NRC
staff will only be accepting comments at
the meeting; staff will not be prepared
to answer any questions related to the
rule. The proposed rule would revise
the security requirements and material
control and accounting (MC&A)
requirements for a geologic repository
operations area (GROA). The goal of this
rulemaking is to ensure that effective
security measures are in place for the
protection of high-level radioactive
waste (HLW) and other radioactive
material at a GROA given the postSeptember 11, 2001, threat
environment. New requirements for
specific training enhancements,
improved access authorization,
enhancements to defensive strategies,
and enhanced reporting requirements
would be incorporated. The proposed
rule would establish general
performance objectives and
corresponding system capabilities for
the GROA MC&A program, with a focus
on strengthening, streamlining, and
consolidating all MC&A regulations
specific to a GROA. In addition, the
proposed rule would require the
emergency plan to address radiological
emergencies. The proposed rule is
available via the Federal eRulemaking
Portal https://www.regulations.gov.
Agenda: Welcome—10 minutes; NRC
staff presentation on Rule
Requirements—30 minutes; Public
Comment—remainder. There will be a
15 minute break at 5 p.m. To ensure that
everyone who wishes has the chance to
comment, we may impose a time limit
on speakers.
Attendees are requested to notify
Vivian Mehrhoff, telephone (702) 794–
5053, e-mail vlm@nrc.gov to pre-register
for the meetings. If you wish to preregister, you need to contact the above
individual by January 18, 2008. You
will be able to register at the meeting,
as well.
Dated at Rockville, Maryland, this 20th day
of December, 2007.
For the Nuclear Regulatory Commission.
Dennis K. Rathbun,
Director, Division of Intergovernmental
Liaison and Rulemaking, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E7–25415 Filed 12–28–07; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–143]
Notice of License Amendment Request
of Nuclear Fuel Services, Inc., Erwin,
TN, and Opportunity To Request a
Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of license amendment,
and opportunity to request a hearing.
AGENCY:
A request for a hearing must be
filed by February 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Kevin M. Ramsey, Senior Project
Manager, Fuel Manufacturing 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) 492–3123;
fax number: (301) 492–3359; e-mail:
kmr@nrc.gov.
DATE:
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) has received, by letter dated
August 31, 2007, a license amendment
application from Nuclear Fuel Services,
Inc., requesting authority to process
uranium hexafluoride (UF6) in a new
Commercial Development (CD) line at
its facility site located in Erwin,
Tennessee. License No. SNM–124
authorizes the licensee to manufacture
nuclear reactor fuel. Specifically, the
amendment provides authorization to
convert high-enriched uranium (HEU)
in the form of UF6 into another
chemical form (oxide or nitrate), which
can be processed in the existing facility.
An NRC administrative review,
documented in a letter to Nuclear Fuel
Services Inc., dated October 5, 2007,
found the application acceptable to
begin a technical review. If the NRC
approves the amendment, the approval
will be documented in an amendment to
NRC License No. SNM–124. However,
before approving the proposed
amendment, the NRC will need to make
the findings required by the Atomic
Energy Act of 1954, as amended (the
Act), and NRC’s regulations. These
findings will be documented in a Safety
Evaluation Report and an
Environmental Assessment.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that
this is a proceeding regarding an
application for a license amendment for
a new process line. Any person whose
interest may be affected by this
E:\FR\FM\31DEN1.SGM
31DEN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
proceeding and who desires to
participate as a party must file a request
for hearing, and a specification of the
contentions which the person seeks to
have litigated in the hearing, in
accordance with 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
calling (301) 415–1677, to request: (1) A
digital 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) the creation of
an electronic docket for the proceeding
(even in instances for which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued 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 https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, has a
docket created, and downloaded the EIE
viewer, they can then submit a request
for a 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
https://www.nrc.gov/site-help/esubmittals.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
VerDate Aug<31>2005
20:08 Dec 28, 2007
Jkt 214001
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 https://www.nrc.gov/site-help/esubmittals.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 they have
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 to all other participants.
Filing is considered complete by firstclass 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 https://
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
74353
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 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 29, 2008.
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 that
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
E:\FR\FM\31DEN1.SGM
31DEN1
sroberts on PROD1PC70 with NOTICES
74354
Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Notices
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant regarding 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
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
VerDate Aug<31>2005
20:08 Dec 28, 2007
Jkt 214001
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 10 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 for
amendment 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
number for the document related to this
Notice is ML073090651, Redacted
Version of Amendment Request for
Processing UF6 in the CD Line Facility
at the NFS Site. 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 F21, 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 12th day
of December 2007.
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
For the Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel
Facility Licensing Directorate, Division of Fuel
Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E7–25406 Filed 12–28–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses Involving No Significant
Hazards Considerations
I. Background
Pursuant to section 189a. (2) of the
Atomic Energy Act of 1954, as amended
(the Act), the U.S. Nuclear Regulatory
Commission (the Commission or NRC
staff) is publishing this regular biweekly
notice. The Act requires the
Commission publish notice of any
amendments issued, or proposed to be
issued and grants the Commission the
authority to issue and make
immediately effective any amendment
to an operating license upon a
determination by the Commission that
such amendment involves no significant
hazards consideration, notwithstanding
the pendency before the Commission of
a request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued from December 6,
2007 to December 19, 2007. The last
biweekly notice was published on
December 18, 2007 (72 FR 71703).
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed no Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a
proposed determination that the
following amendment requests involve
no significant hazards consideration.
Under the Commission’s regulations in
10 CFR 50.92, this means that operation
of the facility in accordance with the
proposed amendment would not (1)
involve a significant increase in the
probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. The basis for this
proposed determination for each
amendment request is shown below.
The Commission is seeking public
comments on this proposed
determination. Any comments received
E:\FR\FM\31DEN1.SGM
31DEN1
]]>Agencies
[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74352-74354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25406]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-143]
Notice of License Amendment Request of Nuclear Fuel Services,
Inc., Erwin, TN, and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment, and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATE: A request for a hearing must be filed by February 29, 2008.
FOR FURTHER INFORMATION CONTACT: Kevin M. Ramsey, Senior Project
Manager, Fuel Manufacturing 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)
492-3123; fax number: (301) 492-3359; e-mail: kmr@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) has received, by letter
dated August 31, 2007, a license amendment application from Nuclear
Fuel Services, Inc., requesting authority to process uranium
hexafluoride (UF6) in a new Commercial Development (CD) line at its
facility site located in Erwin, Tennessee. License No. SNM-124
authorizes the licensee to manufacture nuclear reactor fuel.
Specifically, the amendment provides authorization to convert high-
enriched uranium (HEU) in the form of UF6 into another chemical form
(oxide or nitrate), which can be processed in the existing facility.
An NRC administrative review, documented in a letter to Nuclear
Fuel Services Inc., dated October 5, 2007, found the application
acceptable to begin a technical review. If the NRC approves the
amendment, the approval will be documented in an amendment to NRC
License No. SNM-124. However, before approving the proposed amendment,
the NRC will need to make the findings required by the Atomic Energy
Act of 1954, as amended (the Act), and NRC's regulations. These
findings will be documented in a Safety Evaluation Report and an
Environmental Assessment.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding regarding
an application for a license amendment for a new process line. Any
person whose interest may be affected by this
[[Page 74353]]
proceeding and who desires to participate as a party must file a
request for hearing, and a specification of the contentions which the
person seeks to have litigated in the hearing, in accordance with 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 calling (301) 415-1677, to request: (1) A
digital 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) the
creation of an electronic docket for the proceeding (even in instances
for 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 https://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 https://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
has a docket created, and downloaded the EIE viewer, they can then
submit a request for a 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 https://
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 https://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 they have 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 to 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
https://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 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 29, 2008.
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 that 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
[[Page 74354]]
6. Provide sufficient information to show that a genuine dispute
exists with the applicant regarding 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 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 10 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 for
amendment 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 number for
the document related to this Notice is ML073090651, Redacted Version of
Amendment Request for Processing UF6 in the CD Line Facility at the NFS
Site. 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 F21, 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 12th day of December 2007.
For the Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facility Licensing Directorate,
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. E7-25406 Filed 12-28-07; 8:45 am]
BILLING CODE 7590-01-P
