Notice of Receipt of an Application To Transfer the Control of Special Nuclear Materials License No. SNM-42; Opportunity To Request a Hearing, and Provide Written Comments, 45089-45092 [E8-17666]

Download as PDF Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices herein, will not affect the qualifications of EN-FitzPatrick as holder of the FitzPatrick license. The indirect transfer of control of the license is otherwise consistent with applicable provisions of law, regulations, and orders issued by the NRC. Furthermore, the NRC staff concludes that the proposed corporate restructuring involving new intermediate and ultimate parent companies over ENO, as described herein, will not affect the qualifications of ENO as holder of the FitzPatrick license. The indirect transfer of control of the license as held by ENO, to the extent affected by the proposed restructuring, is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission. The NRC staff concludes that the conversion of Entergy Nuclear Operations, Inc. to EquaGen Nuclear, LLC would not constitute a direct transfer of the licenses to the extent held by ENO. Therefore, no consent to the proposed conversion is necessary. The findings set forth above are supported by the NRC’s safety evaluation dated July 28, 2008. mstockstill on PROD1PC66 with NOTICES III Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, It is hereby ordered that the application regarding the indirect license transfer discussed above related to the proposed corporate restructuring and establishment of Enexus is approved, subject to the following conditions: (1) EN-FitzPatrick shall enter into the $700 million Support Agreement with Enexus Energy Corporation as described in the application, no later than the time the proposed transactions and indirect license transfer occurs. EN-FitzPatrick shall take no action to cause Enexus Energy Corporation, or its successors and assigns, to void, cancel, or modify the Support Agreement or cause it to fail to perform, or impair its performance under the Support Agreement, without prior written consent of the NRC. The Support Agreement may not be amended or modified without 30 days prior written notice to the Director of the Office of Nuclear Reactor Regulation or his designee. An executed copy of the Support Agreement shall be submitted to the NRC no later than 30 days after the completion of the proposed transactions and the indirect license transfer. EN-FitzPatrick shall inform the NRC in writing anytime it draws upon the Support Agreement. VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 (2) The ten separate support guarantees from various Entergy subsidiaries, which total $315 million, including the support guarantee relating to FitzPatrick, may be revoked when, and conditioned upon, implementation of the new $700 million Support Agreement at the time the proposed restructuring and indirect license transfer are completed. (3) Should the proposed corporate restructuring and establishment of Enexus not be completed within one year from the date of this Order, this Order shall become null and void, provided, however, upon written application and good cause shown, such date may be extended by Order. This Order is effective upon issuance. For further details with respect to this Order, see the application dated July 30, 2007, as supplemented by letters dated October 31, and December 5, 2007, and January 24, March 17, April 22, and May 2, 2008, and the NRC’s safety evaluation dated July 28, 2008, which are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, Public File Area 01 F21, 11555 Rockville Pike (first floor), Rockville, Maryland and accessible electronically from the Agencywide Documents Access and Management System (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, 301–415–4737, or by e-mail at pdr@nrc.gov. Dated at Rockville, Maryland, this 28th day of July 2008. For the Nuclear Regulatory Commission. Timothy J. McGinty, Acting Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8–17689 Filed 7–31–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 70–27] Notice of Receipt of an Application To Transfer the Control of Special Nuclear Materials License No. SNM–42; Opportunity To Request a Hearing, and Provide Written Comments Nuclear Regulatory Commission. AGENCY: PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 45089 Notice of receipt of license transfer application and opportunity to request a hearing. ACTION: A request for a hearing must be filed by August 21, 2008, in accordance with 10 CFR 2.309(b)(1). FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, 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, Mail Stop EBB2C40M, Washington, DC 20555– 0001, Telephone: (301) 492–3225; fax number: (301) 492–5539; e-mail: amy.synder@nrc.gov. DATES: SUPPLEMENTARY INFORMATION: I. Introduction By letters dated November 14 and December 10, 2007, January 7 (two letters), January 11, February 15, and February 29, 2008, and e-mails dated December 12 (three e-mails) and December 13, 2007 (two e-mails), and January 9, and January 14, 2008 (collectively the Application), BWX Technologies, Inc., Nuclear Products Division (BWXT or the licensee) requested approval, by the U.S. Nuclear Regulatory Commission (NRC or the Commission), of the transfer of Special Nuclear Materials License No. SNM–42 to Babcock & Wilcox Nuclear Operations Group, Inc. (B&W NOG). B&W NOG is a Delaware Corporation that was created on November 20, 2007, as a wholly-owned subsidiary of Babcock & Wilcox Investment Company, Inc. The requested transfer action would result in a transfer of control of Special Nuclear Materials License No. SNM–42 from BWXT to B&W NOG. BWXT is the holder of Special Nuclear Materials License No. SNM–42, which authorizes BWXT to receive, possess, and use special nuclear material and irradiated fuel (spent nuclear fuel) for the research, fabrication and assembly of nuclear fuel and related components at its facilities located in the Lynchburg, Virginia area. The license provides, among other things, that the facilities are subject to all rules, regulations, and orders of the NRC, now or hereafter in effect. Special Nuclear Materials License No. SNM–42 applies to the BWXT fuel manufacturing facilities, the research facility known as the Lynchburg Technology Center (LTC), the waste treatment facility, and the uranium storage facilities located in Campbell County, Virginia. Pursuant to 10 CFR 2.1301, the Commission is noticing in the Federal Register the receipt of the Application E:\FR\FM\01AUN1.SGM 01AUN1 mstockstill on PROD1PC66 with NOTICES 45090 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices for approval of the transfer of Special Nuclear Materials License No. SNM–42 because it involves a major fuel cycle facility licensed under 10 CFR part 70. The NRC is considering the issuance of an order pursuant to 10 CFR 70.36, authorizing the transfer of control of Special Nuclear Materials License No. SNM–42 from BWXT to B&W NOG. An amendment to the existing license would follow the issuance of the order. According to the BWXT Application, a newly formed entity, namely B&W NOG, would acquire ownership of the BWXT Virginia facilities and upon approval of the license transfer would be the licensee responsible for operating and maintaining them. The Application does not propose any physical changes to the facilities or other changes. The amendment would replace references to BWXT, Inc., in the license, with references to B&W NOG, to reflect the transfer, if approved by the Commission. Pursuant to 10 CFR 70.36, no license, or any right thereunder, shall be transferred, assigned in any manner, disposed of, either voluntarily or involuntarily, directly or indirectly, through the transfer of control of the license, to any person, unless the Commission, after securing full information, finds that the transfer is in accordance with the provisions of the Atomic Energy Act of 1954, as amended, and gives its consent in writing. The Commission will approve an application for the transfer of a license and authorize the transfer of the license through the issuance of an order, if it is determined that the proposed transferee is qualified to hold the license and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. An NRC administrative review, documented in a letter to BWXT dated March 19, 2008, found the application acceptable to begin a technical review. If the NRC issues an order, as described above, the approval of the above requested actions will be documented in a conforming amendment to Special Nuclear Materials License No. SNM–42. However, before issuing an order and approving the amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended, and NRC regulations. These findings will be documented in a safety evaluation report. The license transfer request falls within the 10 CFR 51.22(c)(21), categorical exclusion so no environmental review of the proposed action is required. VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding regarding the consideration of the issuance of an order authorizing the transfer of control of Special Nuclear Materials License No. SNM–42. 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 this proceeding and who desires to participate as a party must file a written request for a hearing and a specification of the contentions that the person seeks to have litigated in the hearing. A request for hearing or a petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). 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 the E-Filing rule, at least ten (10) days prior to the filing deadline, the petitioner/requestor must contact the Office of the Secretary by email at HEARINGDOCKET@NRC.GOV, or by 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) the 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 ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. Instruction for applying for a digital ID certificate is available on the 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 created a docket, and downloads the EIE viewer, he or she 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 that is available on the NRC public Web site at PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 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 to each participant 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 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, Rockville, Pike, Rockville, MD, 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 E:\FR\FM\01AUN1.SGM 01AUN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices 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 the 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 by 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 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 Atomic Energy Act of 1954, as amended, 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 in 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; VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 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 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 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, or other supporting documents filed by the licensee or otherwise available to the petitioner. 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 accordance with the E-Filing rule, within ten (10) days of the date the contention is filed, and designate a representative who shall have the authority to act for the requester/ petitioner. III. Written Comments In accordance with 10 CFR 2.1305(a), as an alternative to requests for hearings and petitions to intervene, persons may submit written comments regarding the license transfer application. These comments must be submitted by September 2, 2008, in accordance with 10 CFR 2.1305(b). The Commission will address the comments received in accordance with 10 CFR 2.1305(c). Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemakings and PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 45091 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 the comments received on or before the due date can be assured consideration. IV. Further Information Documents related to this action including the Application for the proposed license transfer and supporting documentation, are available electronically through 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 Documents Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The ADAMS accession numbers for the publicly available documents related to this notice are: Document November 14, 2007: Initial Application ......................... December 7, 2007: RAI Request I ............................... December 10, 2007: RAI Response I ............................ December 17, 2007: Meeting Minutes .............................. January 7, 2008: Application Supplement ....................... January 7, 2008: Application Supplement ....................... January 11, 2008: Application Supplement ................ February 1, 2008: RAI Request II .............................. February 1, 2008: Proprietary Determination I ........ February 15, 2008: RAI Response II ........................... February 29, 2008: Response to Proprietary Determination ........................ March 19, 2008: Application Acceptance ....................... March 31, 2008: Proprietary Determination II ................. April 24, 2008: RAI Request III ....................................... ADAMS Accession No. ML080920759 ML073340643 ML073460400 ML080090688 ML080160257 ML080160149 ML080230599 ML080280551 ML080150394 ML080920674 ML080640268 ML080710555 ML080790072 ML081050308 Application Supplements via E-Mails ADAMS Accession No. December 12, 2007 .............. December 12, 2007 .............. December 12, 2007 .............. December 13, 2007 .............. December 13, 2007 .............. January 9, 2008 .................... January 14, 2008 .................. ML081190572 ML081190669 ML081190672 ML081190671 ML081190670 ML081190624 ML081190661 If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact E:\FR\FM\01AUN1.SGM 01AUN1 45092 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Notices 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 17 day of July, 2008, For the Nuclear Regulatory Commission. Peter Habighorst, Chief, Fuel Manufacturing Branch, Fuel Facilities Licensing Directorate, Division of Fuel Cycle Safety, and Safeguards, Office of Nuclear Materials Safety and Safeguards. [FR Doc. E8–17666 Filed 7–31–08; 8:45 am] BILLING CODE 7590–01–P PRESIDIO TRUST Notice Extending Prescribed Comment Period The Presidio Trust. Notice extending prescribed comment period. AGENCY: ACTION: By Federal Register notice of June 13, 2008 (73 FR 33814), the Environmental Protection Agency calculated the 45-day time period for public review of the Draft Supplemental Environmental Impact Statement (SEIS). The deadline for comments was July 31, 2008. By this notice, the Presidio Trust (Trust) is extending the public comment period to September 19, 2008. Although the time for comments has been extended, the Trust requests that interested parties provide comments as soon as possible. DATES: Written comments should be submitted on or before September 19, 2008. ADDRESSES: Written comments may be submitted to Main Post, Attn: Compliance Manager, The Presidio Trust, 34 Graham Street, P.O. Box 29052, San Francisco, CA 94129–0052. Electronic comments can be sent to Mainpost@Presidiotrust.gov. Please be aware that all comments and information submitted will be made available to the public, including, without limitation, any postal address, e-mail address, phone number, or other information contained in each submission. SUPPLEMENTARY INFORMATION: In accordance with the National Environmental Policy Act, the Trust is requesting public comment on the Presidio Trust Management Plan (PTMP) Main Post Update Draft SEIS. mstockstill on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 19:39 Jul 31, 2008 Jkt 214001 The Draft SEIS evaluates alternatives to the planning concept for the 120-acre Main Post district at the Presidio of San Francisco identified in the 2002 PTMP, the Trust’s comprehensive land use plan and policy framework. The Draft SEIS considers planning proposals that were not anticipated in the PTMP, including a contemporary art museum and a lodge, and identifies Alternative 2 as the proposed action, which is further described in the PTMP Main Post Update. Interested parties have requested that the Trust extend the public comment period. By extending the comment period, the Trust anticipates more indepth comments on the Draft SEIS, which will promote a better-informed decision on the proposed action. The PTMP Main Post Update and Draft SEIS can be reviewed at local libraries and the Trust headquarters at the address given above, and on the Trust Web site at https://www.Presidio.gov in the Major Projects section. Karen Cook, General Counsel, the Presidio Trust, 34 Graham Street, P.O. Box 29052, San Francisco, California 94129–0052, Telephone: 415–561–5300. Dated: July 28, 2008. Karen A. Cook, General Counsel. [FR Doc. E8–17653 Filed 7–31–08; 8:45 am] BILLING CODE 4310–4R–P DEPARTMENT OF TRANSPORTATION [Docket No. DOT–OST–2008–0182] Office of Small and Disadvantaged Business Utilization (OSDBU); Notice of Request for Renewal of Data Collection by the Office of Small and Disadvantaged Business Utilization’s (OSDBU) Regional Small Business Transportation Resource Centers (SBTRCs); Agency Information Collection Activities; Request for Comments, Renewal and Approval of Information Collection(s): Regional Center Intake Form (DOT F 4500) and Regional Resource Center Monthly Report Form (DOT F 4502) Office of the Secretary, DOT. Notice and request for comments. AGENCY: ACTION: The Office of Small and Disadvantaged Business Utilization (OSDBU) invites the public to comment about our intention to request the Office of Management and Budget’s (OMB) approval to renew information collection forms, associated with OSDBU. The collection involves the use of the Regional Center Intake Form, SUMMARY: PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 (DOT F 4500) which documents the type of assistance provided to each small business that is enrolled in the program. The use of the Regional Resource Center Monthly Report Form, (DOT F 4502) will highlight activities, such as counseling, marketing, meetings/ conferences, and services to businesses as completed during the month. The information will be used to ascertain whether the program is providing services to its constituency, the small business community, in a fair and equitable manner. The information collected is necessary to determine whether small businesses are participating in DOT funded and DOT assisted opportunities with the DOT. The Counseling Information Form, (DOT F 4640.1) has been eliminated and the information contained in that form is now consolidated into the Regional Resource Center Monthly Report Form (formerly titled Monthly Report of Operations Form). To eliminate duplication and to streamline the data collection process, OSDBU revised the Monthly Report of Operations Form into the Regional Resource Center Monthly Report Form. We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995. On June 26, 2008, OSDBU published a 60day notice in the Federal Register (73 FR 36368) Docket #OST–2008–0182, informing the public of OSDBU’s intention to extend an approved information collection. DATES: Written comments should be submitted by: September 2, 2008 and submitted to the attention of the DOT/ OST Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, Docket library, Room 10102, 725 17th Street, NW., Washington, DC 20503 or oira_submission @omb.eop.gov (e-mail). FOR FURTHER INFORMATION CONTACT: Arthur D. Jackson, 202–366–5344 Office of Small and Disadvantaged Business Utilization, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Room W56 462, Washington, DC 20590. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Title: U.S. Department of Transportation, Office of Small and Disadvantaged Business Utilization (OSDBU) OMB Control No: 2105–0554; Form No.: DOT F 4500, Regional Center Intake Form and Form No.: DOT F 4502, Regional Resource Center Monthly Report Form. E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45089-45092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17666]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 70-27]


Notice of Receipt of an Application To Transfer the Control of 
Special Nuclear Materials License No. SNM-42; Opportunity To Request a 
Hearing, and Provide Written Comments

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of receipt of license transfer application and 
opportunity to request a hearing.

-----------------------------------------------------------------------

DATES: A request for a hearing must be filed by August 21, 2008, in 
accordance with 10 CFR 2.309(b)(1).

FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, 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, Mail Stop EBB2C40M, Washington, DC 
20555-0001, Telephone: (301) 492-3225; fax number: (301) 492-5539; e-
mail: amy.synder@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letters dated November 14 and December 10, 2007, January 7 (two 
letters), January 11, February 15, and February 29, 2008, and e-mails 
dated December 12 (three e-mails) and December 13, 2007 (two e-mails), 
and January 9, and January 14, 2008 (collectively the Application), BWX 
Technologies, Inc., Nuclear Products Division (BWXT or the licensee) 
requested approval, by the U.S. Nuclear Regulatory Commission (NRC or 
the Commission), of the transfer of Special Nuclear Materials License 
No. SNM-42 to Babcock & Wilcox Nuclear Operations Group, Inc. (B&W 
NOG). B&W NOG is a Delaware Corporation that was created on November 
20, 2007, as a wholly-owned subsidiary of Babcock & Wilcox Investment 
Company, Inc. The requested transfer action would result in a transfer 
of control of Special Nuclear Materials License No. SNM-42 from BWXT to 
B&W NOG.
    BWXT is the holder of Special Nuclear Materials License No. SNM-42, 
which authorizes BWXT to receive, possess, and use special nuclear 
material and irradiated fuel (spent nuclear fuel) for the research, 
fabrication and assembly of nuclear fuel and related components at its 
facilities located in the Lynchburg, Virginia area. The license 
provides, among other things, that the facilities are subject to all 
rules, regulations, and orders of the NRC, now or hereafter in effect. 
Special Nuclear Materials License No. SNM-42 applies to the BWXT fuel 
manufacturing facilities, the research facility known as the Lynchburg 
Technology Center (LTC), the waste treatment facility, and the uranium 
storage facilities located in Campbell County, Virginia.
    Pursuant to 10 CFR 2.1301, the Commission is noticing in the 
Federal Register the receipt of the Application

[[Page 45090]]

for approval of the transfer of Special Nuclear Materials License No. 
SNM-42 because it involves a major fuel cycle facility licensed under 
10 CFR part 70. The NRC is considering the issuance of an order 
pursuant to 10 CFR 70.36, authorizing the transfer of control of 
Special Nuclear Materials License No. SNM-42 from BWXT to B&W NOG. An 
amendment to the existing license would follow the issuance of the 
order. According to the BWXT Application, a newly formed entity, namely 
B&W NOG, would acquire ownership of the BWXT Virginia facilities and 
upon approval of the license transfer would be the licensee responsible 
for operating and maintaining them. The Application does not propose 
any physical changes to the facilities or other changes.
    The amendment would replace references to BWXT, Inc., in the 
license, with references to B&W NOG, to reflect the transfer, if 
approved by the Commission.
    Pursuant to 10 CFR 70.36, no license, or any right thereunder, 
shall be transferred, assigned in any manner, disposed of, either 
voluntarily or involuntarily, directly or indirectly, through the 
transfer of control of the license, to any person, unless the 
Commission, after securing full information, finds that the transfer is 
in accordance with the provisions of the Atomic Energy Act of 1954, as 
amended, and gives its consent in writing. The Commission will approve 
an application for the transfer of a license and authorize the transfer 
of the license through the issuance of an order, if it is determined 
that the proposed transferee is qualified to hold the license and that 
the transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission pursuant thereto.
    An NRC administrative review, documented in a letter to BWXT dated 
March 19, 2008, found the application acceptable to begin a technical 
review. If the NRC issues an order, as described above, the approval of 
the above requested actions will be documented in a conforming 
amendment to Special Nuclear Materials License No. SNM-42. However, 
before issuing an order and approving the amendment, the NRC will need 
to make the findings required by the Atomic Energy Act of 1954, as 
amended, and NRC regulations. These findings will be documented in a 
safety evaluation report. The license transfer request falls within the 
10 CFR 51.22(c)(21), categorical exclusion so no environmental review 
of the proposed action is required.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding regarding 
the consideration of the issuance of an order authorizing the transfer 
of control of Special Nuclear Materials License No. SNM-42. 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 this proceeding and who desires to participate as a 
party must file a written request for a hearing and a specification of 
the contentions that the person seeks to have litigated in the hearing.
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated on August 28, 2007 (72 FR 49139). 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 the E-Filing rule, at 
least ten (10) 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 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) the 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 
ViewerTM is free and is available at https://www.nrc.gov/
site-help/e-submittals/install-viewer.html. Instruction for applying 
for a digital ID certificate is available on the 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 created a docket, and downloads the EIE viewer, he or she 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 that is 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 to each participant 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, Rockville, Pike, Rockville, MD, 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

[[Page 45091]]

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 the 
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 by 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 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 Atomic Energy Act 
of 1954, as amended, 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 in 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 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
    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 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, or other 
supporting documents filed by the licensee or otherwise available to 
the petitioner. 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 accordance with the E-Filing rule, within ten (10) days 
of the date the contention is filed, and designate a representative who 
shall have the authority to act for the requester/petitioner.

III. Written Comments

    In accordance with 10 CFR 2.1305(a), as an alternative to requests 
for hearings and petitions to intervene, persons may submit written 
comments regarding the license transfer application. These comments 
must be submitted by September 2, 2008, in accordance with 10 CFR 
2.1305(b). The Commission will address the comments received in 
accordance with 10 CFR 2.1305(c). 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 the comments received on or before the due date can be 
assured consideration.

IV. Further Information

    Documents related to this action including the Application for the 
proposed license transfer and supporting documentation, are available 
electronically through 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 Documents Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The ADAMS 
accession numbers for the publicly available documents related to this 
notice are:

------------------------------------------------------------------------
                                                               ADAMS
                        Document                           Accession No.
------------------------------------------------------------------------
November 14, 2007: Initial Application..................     ML080920759
December 7, 2007: RAI Request I.........................     ML073340643
December 10, 2007: RAI Response I.......................     ML073460400
December 17, 2007: Meeting Minutes......................     ML080090688
January 7, 2008: Application Supplement.................     ML080160257
January 7, 2008: Application Supplement.................     ML080160149
January 11, 2008: Application Supplement................     ML080230599
February 1, 2008: RAI Request II........................     ML080280551
February 1, 2008: Proprietary Determination I...........     ML080150394
February 15, 2008: RAI Response II......................     ML080920674
February 29, 2008: Response to Proprietary Determination     ML080640268
March 19, 2008: Application Acceptance..................     ML080710555
March 31, 2008: Proprietary Determination II............     ML080790072
April 24, 2008: RAI Request III.........................     ML081050308
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                               ADAMS
           Application Supplements via E-Mails             Accession No.
------------------------------------------------------------------------
December 12, 2007.......................................     ML081190572
December 12, 2007.......................................     ML081190669
December 12, 2007.......................................     ML081190672
December 13, 2007.......................................     ML081190671
December 13, 2007.......................................     ML081190670
January 9, 2008.........................................     ML081190624
January 14, 2008........................................     ML081190661
------------------------------------------------------------------------

    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact

[[Page 45092]]

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 17 day of July, 2008,

    For the Nuclear Regulatory Commission.
Peter Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facilities Licensing 
Directorate, Division of Fuel Cycle Safety, and Safeguards, Office of 
Nuclear Materials Safety and Safeguards.
[FR Doc. E8-17666 Filed 7-31-08; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.