Notice of Receipt of an Application To Transfer the Control of Special Nuclear Materials License No. SNM-124; Opportunity To Request a Hearing and Provide Written Comments, 54437-54439 [E8-21916]
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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices
and participation in ACRS meetings
were published in the Federal Register
on September 26, 2007 (72 FR 54695).
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Officer between
7:30 a.m. and 4 p.m. (ET). Persons
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Dated: September 11, 2006.
Antonio Dias,
Branch Chief, ACRS.
[FR Doc. E8–21915 Filed 9–18–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–143]
Notice of Receipt of an Application To
Transfer the Control of Special Nuclear
Materials License No. SNM–124;
Opportunity To Request a Hearing and
Provide Written Comments
Nuclear Regulatory
Commission.
ACTION: Notice of receipt of license
transfer application and opportunity to
request a hearing.
AGENCY:
A request for a hearing must be
filed by October 9, 2008, in accordance
with 10 CFR 2.309(b)(1).
FOR FURTHER INFORMATION CONTACT:
Mary T. Adams, 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 EBB–2–C40M,
Washington, DC 20555–0001,
Telephone: (301) 492–3113; fax number:
(301) 492–5539; e-mail:
Mary.Adams@nrc.gov.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
DATES:
I. Introduction
By letter dated August 8, 2008, (the
Application), Nuclear Fuel Services,
Inc., (NFS or the licensee) requested the
consent of the U.S. Nuclear Regulatory
Commission (NRC or the Commission),
to the indirect transfer of Special
Nuclear Materials License No. SNM–124
(SNM–124) to NOG-Erwin Holdings,
Inc., and approval of a conforming
amendment to SNM–124. The need for
the requested consent arises from the
sale by NFS Services, LLC, (‘‘NFS
Services’’) to NOG-Erwin Holdings, Inc.,
(‘‘NOG’’) of NFS Services’ entire interest
in Nuclear Fuel Services, Inc. (the
‘‘Transaction’’). Included in the
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Transaction, as more fully described in
the application, is the transfer by NFS
Services of 100% of the stock of NFS
Holdings, Inc., a Delaware corporation
and its wholly-owned subsidiary,
Nuclear Fuel Services, Inc. a Delaware
corporation which is the holder of the
License, to NOG-Erwin Holdings, Inc.
(‘‘NOG’’), a newly-formed subsidiary of
Babcock & Wilcox Nuclear Operations
Group, Inc., a Delaware corporation,
which is a wholly-owned subsidiary of
BWX Technologies, Inc., a Delaware
corporation, which in turn is a whollyowned subsidiary of The Babcock &
Wilcox Company, a Delaware
corporation. The Transaction, if
approved, will result in the indirect
change of control of NFS, the holder of
the License, from NFS Services to NOG.
NFS is the holder of SNM–124, which
authorizes NFS to receive, possess, and
use special nuclear material for the
research, fabrication and assembly of
nuclear fuel and related components at
its facilities located in Erwin,
Tennessee. 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. SNM–124 applies to product
processing operations, laboratory
operations, general services operations,
research and development operations,
and waste treatment and disposal
operations located in Unicoi County,
Tennessee.
Pursuant to Title 10 of the Code of
Federal Regulations (10 CFR), Section
2.1301, the Commission is noticing in
the Federal Register the receipt of the
Application for approval of the transfer
of SNM–124 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 SNM–124 from NFS to NOG-Erwin
Holdings, Inc. An amendment to the
existing license would follow the
issuance of the order. According to the
Application, NOG-Erwin Holdings, Inc.,
would acquire ownership of the NFS
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 NFS, Inc., in Section 1.1
and Appendix D to Chapter 1 of the
license with references to NFS
Holdings, Inc.; NOG-Erwin Holdings,
Inc.; and Babcock & Wilcox Nuclear
Operations Group, Inc., to reflect the
transfer, if approved by the
Commission.
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54437
Pursuant to 10 CFR 70.36, no license,
or any right there under, shall be
transferred, assigned or in any manner
disposed of, either voluntarily or
involuntarily, directly or indirectly,
through the 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 provisions of the
Atomic Energy Act of 1954, as amended,
and shall give 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 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 SNM–124. 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
criteria, 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–124. 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.
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54438
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices
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
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
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17:25 Sep 18, 2008
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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
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
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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 with10 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
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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices
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
October 20, 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.
jlentini on PROD1PC65 with NOTICES
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 number for the publiclyavailable documents related to this
notice is ML082390922.
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)
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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 10th day
of September 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. E8–21916 Filed 9–18–08; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: U.S. Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213
Extension:
Rule 17a–19; OMB Control No. 3235–0133;
SEC File No. 270–148.
Form X–17A–19
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget a
request for approval of extension of the
existing collection of information
provided for in the following rule: Rule
17a–19 (17 CFR 240.17a–19) and Form
X–17A–19 (17 CFR 249.635) under the
Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) (‘‘Exchange Act’’).
Rule 17a–19 requires every national
securities exchange and registered
national securities association to file a
Form X–17A–19 with the Commission
within 5 business days of the initiation,
suspension, or termination of any
member, and when terminating the
membership interest of any member, to
notify that member of its obligation to
file financial reports as required by
Exchange Act Rule 17a–5(b) (17 CFR
240.17a–5).
The Commission uses the information
contained in Form X–17A–19 to assign
the appropriate self-regulatory
organization to be the designated
examining authority for the member
firm. This information is also used by
the Securities Investor Protection
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54439
Corporation (‘‘SIPC’’) in determining
which self-regulatory body is the
collection agent for the SIPC fund.
The information requested by Form
X–17A–19 is obtained from the
respondent’s membership files. The
Commission staff estimates that, in its
experience, Form X–17A–19 can be
completed and signed within 15
minutes. The number of responses per
year per respondent varies, depending
on the number of membership changes
reported. The number of filings is
approximately 600 per year. The
aggregate time spent by all respondents
per year in complying with the rule is
therefore approximately 150 hours (600
responses times 1/4 hour equals 150
hours).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Comments should be directed to: (i)
Desk Officer for the Securities and
Exchange Commission, Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Room 10102, New Executive Office
Building, Washington, DC 20503 or by
sending an e-mail to:
Kimberly_P._Nelson@omb.eop.gov; and
(ii) Lewis W. Walker, Acting Director/
Chief Information Officer, Securities
and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way,
Alexandria, VA 22312 or send an e-mail
to PRA_Mailbox@sec.gov. Comments
must be submitted within 30 days of
this notice.
September 10, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–21765 Filed 9–18–08; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Extension: Rule 12d2–2, SEC File No. 270–
86, OMB Control No. 3235–0080 Form 25]
Proposed Collection; Comment
Request
Upon written request, copies available
from: U.S. Securities and Exchange
Commission, office of Investor
Education and Advocacy,
Washington, DC 20549–0213
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
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]]>Agencies
[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Notices]
[Pages 54437-54439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21916]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-143]
Notice of Receipt of an Application To Transfer the Control of
Special Nuclear Materials License No. SNM-124; 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 October 9, 2008, in
accordance with 10 CFR 2.309(b)(1).
FOR FURTHER INFORMATION CONTACT: Mary T. Adams, 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 EBB-2-C40M, Washington, DC
20555-0001, Telephone: (301) 492-3113; fax number: (301) 492-5539; e-
mail: Mary.Adams@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated August 8, 2008, (the Application), Nuclear Fuel
Services, Inc., (NFS or the licensee) requested the consent of the U.S.
Nuclear Regulatory Commission (NRC or the Commission), to the indirect
transfer of Special Nuclear Materials License No. SNM-124 (SNM-124) to
NOG-Erwin Holdings, Inc., and approval of a conforming amendment to
SNM-124. The need for the requested consent arises from the sale by NFS
Services, LLC, (``NFS Services'') to NOG-Erwin Holdings, Inc.,
(``NOG'') of NFS Services' entire interest in Nuclear Fuel Services,
Inc. (the ``Transaction''). Included in the Transaction, as more fully
described in the application, is the transfer by NFS Services of 100%
of the stock of NFS Holdings, Inc., a Delaware corporation and its
wholly-owned subsidiary, Nuclear Fuel Services, Inc. a Delaware
corporation which is the holder of the License, to NOG-Erwin Holdings,
Inc. (``NOG''), a newly-formed subsidiary of Babcock & Wilcox Nuclear
Operations Group, Inc., a Delaware corporation, which is a wholly-owned
subsidiary of BWX Technologies, Inc., a Delaware corporation, which in
turn is a wholly-owned subsidiary of The Babcock & Wilcox Company, a
Delaware corporation. The Transaction, if approved, will result in the
indirect change of control of NFS, the holder of the License, from NFS
Services to NOG.
NFS is the holder of SNM-124, which authorizes NFS to receive,
possess, and use special nuclear material for the research, fabrication
and assembly of nuclear fuel and related components at its facilities
located in Erwin, Tennessee. 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. SNM-124 applies to product
processing operations, laboratory operations, general services
operations, research and development operations, and waste treatment
and disposal operations located in Unicoi County, Tennessee.
Pursuant to Title 10 of the Code of Federal Regulations (10 CFR),
Section 2.1301, the Commission is noticing in the Federal Register the
receipt of the Application for approval of the transfer of SNM-124
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 SNM-124 from NFS to
NOG-Erwin Holdings, Inc. An amendment to the existing license would
follow the issuance of the order. According to the Application, NOG-
Erwin Holdings, Inc., would acquire ownership of the NFS 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 NFS, Inc., in Section 1.1
and Appendix D to Chapter 1 of the license with references to NFS
Holdings, Inc.; NOG-Erwin Holdings, Inc.; and Babcock & Wilcox Nuclear
Operations Group, Inc., to reflect the transfer, if approved by the
Commission.
Pursuant to 10 CFR 70.36, no license, or any right there under,
shall be transferred, assigned or in any manner disposed of, either
voluntarily or involuntarily, directly or indirectly, through the
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 provisions of the Atomic Energy Act of 1954, as
amended, and shall give 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 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 SNM-124. 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 criteria, 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-124. 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.
[[Page 54438]]
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
Viewer\TM\ 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 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 with10 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
[[Page 54439]]
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 October 20, 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 number for the publicly-available documents related to this
notice is ML082390922.
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 10th day of September 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. E8-21916 Filed 9-18-08; 8:45 am]
BILLING CODE 7590-01-P
