Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring for Louisiana Energy Services National Enrichment Facility In Lea County, New Mexico, and Conforming Amendment, and Opportunity To Provide Comments and Request a Hearing, 5882-5884 [E8-1807]
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Federal Register / Vol. 73, No. 21 / Thursday, January 31, 2008 / Notices
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Nuclear Regulatory Commission, ATTN:
Chief, Rulemakings and Adjudications
Staff, Washington, DC 20555–0001.
Copies of the hearing request shall also
be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; to the Assistant General Counsel
for Materials Litigation and
Enforcement, at the same address; to the
Regional Administrator, NRC Region II,
61 Forsyth Street, SW., Suite 23T85,
Atlanta, GA 30303–8931; and to Mr.
William Johns. Because of the possible
disruptions in delivery of mail to United
States Government offices, it is
requested that answers and requests for
hearing be transmitted to the Secretary
of the Commission either by means of
facsimile transmission to 301–415–1101
or by e-mail to hearingdocket@nrc.gov
and also 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. If a
person other than Mr. Johns requests a
hearing, that person shall set forth with
particularity the manner in which his
interest is adversely affected by this
Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an Order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory Order should
be sustained.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section V above shall be final 20 days
from the date of this Order without
further order or proceedings. If an
extension of time for requesting a
hearing has been approved, the
provisions specified in Section V shall
be final when the extension expires if a
hearing request has not been received.
An answer or a request for hearing
shall not stay the immediate
effectiveness of this order.
Dated this 22nd day of January 2008.
For the Nuclear Regulatory Commission.
Victor M. McCree,
Acting Regional Administrator.
[FR Doc. E8–1795 Filed 1–30–08; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No.: 070–3103]
Notice of Consideration of Approval of
Application Regarding Proposed
Corporate Restructuring for Louisiana
Energy Services National Enrichment
Facility In Lea County, New Mexico,
and Conforming Amendment, and
Opportunity To Provide Comments and
Request a Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of application for
approval of an indirect license transfer,
and opportunity to request a hearing
and provide written comments.
AGENCY:
A request for a hearing must be
filed by February 20, 2008.
FOR FURTHER INFORMATION CONTACT:
Timothy C. Johnson, Sr. Project
Manager, Enrichment and Conversion
Branch, Division of Fuel Cycle Safety
and Safeguards, Office of Nuclear
Material Safety and Safeguards, Nuclear
Regulatory Commission, Washington,
DC 20555. Telephone: (301) 492–3121;
Fax number: (301) 492–3359; e-mail:
tcj@nrc.gov.
DATES:
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (the Commission or NRC)
is considering an application for
approval of an indirect transfer of
control regarding Special Nuclear
Material License No. SNM–2010. This
license was issued on June 23, 2006, to
Louisiana Energy Services, L.P. (the
Licensee), for its National Enrichment
Facility (NEF), located in Lea County,
New Mexico. The license authorizes the
Licensee to construct and operate a gas
centrifuge uranium enrichment facility.
The application now being considered
is dated October 19, 2007. The Licensee
proposes to (1) restructure itself from a
Limited Partnership (LP) to a Limited
Liability Company (LLC); and (2)
reorganize the ownership arrangement
of Urenco Deelnemingen BV (UDE), a
current limited partner of the Licensee.
No physical changes to the NEF or
operational changes are being proposed.
An NRC administrative review,
documented in an e-mail sent to the
Licensee on November 7, 2007, found
the application acceptable to begin a
more detailed technical review. If the
application is granted, the license
would be amended for administrative
purposes to reflect the transfer, by
replacing references to Louisiana Energy
Services, L.P., in the license with
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references to Louisiana Energy Services,
L.L.C.
Pursuant to Title 10 of the Code of
Federal Regulations (CFR), section
70.36, no license granted under 10 CFR
part 70, and no right thereunder to use
special nuclear material, shall be
transferred, assigned, or in any manner
disposed of, directly or indirectly,
through transfer of control of any
license to any person unless the
Commission shall, after securing full
information, find that the transfer is in
accordance with the Atomic Energy Act
(AEA), and gives its consent in writing.
The Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed restructuring and
reorganization will not affect the
qualifications of the Licensee 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.
If the October 19 application is
granted, the license would be amended
to reflect the Licensee’s new status as an
LLC, and UDE’s reorganized ownership.
Before such a license amendment is
issued, the NRC will have made the
findings required by the AEA and NRC’s
regulations. These findings will be
documented in a Safety Evaluation
Report. An Environmental Assessment
(EA) will not be performed because,
pursuant to 10 CFR 51.22(c)(21), license
transfer approvals and associated
license amendments are categorically
excluded from the requirement to
perform an EA.
II. Opportunity to Request a Hearing
Within 20 days from the date of
publication of this notice, any person(s)
whose interest may be affected and who
desires to participate as a party must file
a request for a hearing. The hearing
request must include a specification of
the contentions that the person seeks to
have litigated in the hearing, and must
be filed in accordance 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
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calling (301) 415–1677, to request (1) a
digital identification (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)
creation of an electronic docket for the
proceeding (even in instances in 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, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
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
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.
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The help line number is (800) 397–4209,
or locally (301) 415–4737.
Participants who believe that they
have a 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 on 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://
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 contained 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.
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In accordance with 10 CFR 2.309(b),
a request for a hearing must be filed by
February 20, 2008.
In addition to meeting other
applicable requirements of 10 CFR
2.309, 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 (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
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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 ten days of the date the
contention is filed, and designate a
representative who shall have the
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authority to act for the requester/
petitioner.
As indicated below, pursuant to 10
CFR 2.310(g), any hearing would be
subject to the procedures set forth in 10
CFR part 2, Subpart M.
III. Opportunity to Provide Written
Comments
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. Comments received after 30 days
will be considered if practicable to do
so, but only those comments received
on or before the due date can be assured
consideration.
For further details with respect to this
license transfer application, see the
application dated October 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 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 24th day
of January, 2008.
For the Nuclear Regulatory Commission.
Brian W. Smith,
Chief, Enrichment and Conversion Branch,
Fuel Facility Licensing Directorate, Division
of Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. E8–1807 Filed 1–30–08; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–28134]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
January 25, 2008.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of January
2008. A copy of each application may be
obtained for a fee at the SEC’s Public
Reference Branch (tel. 202–551–5850).
An order granting each application will
be issued unless the SEC orders a
hearing. Interested persons may request
a hearing on any application by writing
to the SEC’s Secretary at the address
below and serving the relevant
applicant with a copy of the request,
personally or by mail. Hearing requests
should be received by the SEC by 5:30
p.m. on February 19, 2008, and should
be accompanied by proof of service on
the applicant, in the form of an affidavit
or, for lawyers, a certificate of service.
Hearing requests should state the nature
of the writer’s interest, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090.
FOR FURTHER INFORMATION CONTACT:
Diane L. Titus at (202) 551–6810, SEC,
Division of Investment Management,
Office of Investment Company
Regulation, 100 F Street, NE.,
Washington, DC 20549–4041.
Zacks Series Trust
[File No. 811–9549]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. Applicant has
never made a public offering of its
securities and does not propose to make
a public offering or engage in business
of any kind.
Filing Dates: The application was
filed on November 8, 2007, and
amended on January 11, 2008.
Applicant’s Address: 100 N. Riverside
Plaza, Suite 2200, Chicago, IL 60606.
Van Kampen Income Trust
[File No. 811–5273]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. On June 25, 2007,
applicant made a final liquidating
distribution to its shareholders, based
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]]>Agencies
[Federal Register Volume 73, Number 21 (Thursday, January 31, 2008)]
[Notices]
[Pages 5882-5884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1807]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No.: 070-3103]
Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring for Louisiana Energy Services National
Enrichment Facility In Lea County, New Mexico, and Conforming
Amendment, and Opportunity To Provide Comments and Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of application for approval of an indirect license
transfer, and opportunity to request a hearing and provide written
comments.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by February 20, 2008.
FOR FURTHER INFORMATION CONTACT: Timothy C. Johnson, Sr. Project
Manager, Enrichment and Conversion Branch, Division of Fuel Cycle
Safety and Safeguards, Office of Nuclear Material Safety and
Safeguards, Nuclear Regulatory Commission, Washington, DC 20555.
Telephone: (301) 492-3121; Fax number: (301) 492-3359; e-mail:
tcj@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (the Commission or NRC) is
considering an application for approval of an indirect transfer of
control regarding Special Nuclear Material License No. SNM-2010. This
license was issued on June 23, 2006, to Louisiana Energy Services, L.P.
(the Licensee), for its National Enrichment Facility (NEF), located in
Lea County, New Mexico. The license authorizes the Licensee to
construct and operate a gas centrifuge uranium enrichment facility.
The application now being considered is dated October 19, 2007. The
Licensee proposes to (1) restructure itself from a Limited Partnership
(LP) to a Limited Liability Company (LLC); and (2) reorganize the
ownership arrangement of Urenco Deelnemingen BV (UDE), a current
limited partner of the Licensee. No physical changes to the NEF or
operational changes are being proposed. An NRC administrative review,
documented in an e-mail sent to the Licensee on November 7, 2007, found
the application acceptable to begin a more detailed technical review.
If the application is granted, the license would be amended for
administrative purposes to reflect the transfer, by replacing
references to Louisiana Energy Services, L.P., in the license with
references to Louisiana Energy Services, L.L.C.
Pursuant to Title 10 of the Code of Federal Regulations (CFR),
section 70.36, no license granted under 10 CFR part 70, and no right
thereunder to use special nuclear material, shall be transferred,
assigned, or in any manner disposed of, directly or indirectly, through
transfer of control of any license to any person unless the Commission
shall, after securing full information, find that the transfer is in
accordance with the Atomic Energy Act (AEA), and gives its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
restructuring and reorganization will not affect the qualifications of
the Licensee 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.
If the October 19 application is granted, the license would be
amended to reflect the Licensee's new status as an LLC, and UDE's
reorganized ownership. Before such a license amendment is issued, the
NRC will have made the findings required by the AEA and NRC's
regulations. These findings will be documented in a Safety Evaluation
Report. An Environmental Assessment (EA) will not be performed because,
pursuant to 10 CFR 51.22(c)(21), license transfer approvals and
associated license amendments are categorically excluded from the
requirement to perform an EA.
II. Opportunity to Request a Hearing
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected and who desires to participate
as a party must file a request for a hearing. The hearing request must
include a specification of the contentions that the person seeks to
have litigated in the hearing, and must be filed in accordance 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
[[Page 5883]]
calling (301) 415-1677, to request (1) a digital identification (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)
creation of an electronic docket for the proceeding (even in instances
in 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,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for 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 that they have a 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 on 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 contained 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 20, 2008.
In addition to meeting other applicable requirements of 10 CFR
2.309, 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 (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
[[Page 5884]]
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 ten days of
the date the contention is filed, and designate a representative who
shall have the authority to act for the requester/petitioner.
As indicated below, pursuant to 10 CFR 2.310(g), any hearing would
be subject to the procedures set forth in 10 CFR part 2, Subpart M.
III. Opportunity to Provide Written Comments
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. Comments received after 30 days will be
considered if practicable to do so, but only those comments received on
or before the due date can be assured consideration.
For further details with respect to this license transfer
application, see the application dated October 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 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 24th day of January, 2008.
For the Nuclear Regulatory Commission.
Brian W. Smith,
Chief, Enrichment and Conversion Branch, Fuel Facility Licensing
Directorate, Division of Fuel Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E8-1807 Filed 1-30-08; 8:45 am]
BILLING CODE 7590-01-P
