Notice of Renewal of Certificates of Compliance GDP-1 and GDP-2 for the U.S. Enrichment Corporation, Paducah and Portsmouth Gaseous Diffusion Plants, Paducah, KY and Portsmouth, OH, 63033-63035 [E8-25151]
Download as PDF
Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
That petition has now been ruled on,
and the Commission’s rulemaking
decision is reflected in the discussion of
the scope of the hearing addressed in
Section III.D, above.7
Finally, the third issue Nevada raises
in its September 9 Petition concerns the
status of security clearances and access
to classified information in the Yucca
Mountain construction authorization
application. Nevada argues that its
representatives have not been informed
of decisions on their security clearances
and on access to classified information,
‘‘notwithstanding timely applications,’’
so no contentions based on classified
information can be prepared.8 To
remedy this, Nevada again asks for a
bifurcation of contention-filing
deadlines.
It is the Commission’s understanding
that, as of the end of July, one of
Nevada’s security clearance applications
was complete and was being processed,
another application was incomplete,
and two applications had been
withdrawn.9 From this, the Commission
concludes that the timeliness of
Nevada’s security clearance applications
is factually ambiguous. Moreover, it is
not immediately clear that the perceived
problem could not be remedied by the
provision of redacted versions of
classified documents that could provide
a basis for the formulation of
contentions before the security
clearance application reviews are
completed. The Commission directs the
PAPO Board to resolve both of these
questions.
It is so ordered.
Dated at Rockville, Maryland, this 17th day
of October, 2008.
For the Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E8–25293 Filed 10–21–08; 8:45 am]
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BILLING CODE 7590–01–P
7 See State of Nevada; Denial of Petition for
Rulemaking, Docket No. PRM–2–14, available at
ADAMS accession number ML082900618.
8 September 9 Petition at 6.
9 See Letter from Aby Mohseni, Deputy Director,
Licensing and Inspection Directorate, Division of
High-Level Waste Repository Safety, Office of
Nuclear Material Safety and Safeguards to Robert R.
Loux, Executive Director, Agency for Nuclear
Projects, Office of the Governor, State of Nevada
(July 31, 2008), available at ADAMS accession
number ML081910097.
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NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
ACRS Subcommittee on Economic
Simplified Boiling Water Reactor
(ESBWR); Corrected Notice of Meeting
(Corrected To Note New Meeting
Times)
The ACRS Subcommittee on the
ESBWR will hold a meeting on October
21–22, 2008, Room T–2B3, 11545
Rockville Pike, Rockville, Maryland.
The meeting will be open to public
attendance, with the exception of a
portion that may be closed to protect
information that is proprietary to
General Electric-Hitachi (GEH) Nuclear
Energy and its contractors pursuant to 5
U.S.C. 552b(c)(4).
The agenda for the subject meeting
shall be as follows:
Tuesday, October 21, 2008—1 p.m.–5
p.m
Wednesday, October 22, 2008—8:30
a.m.–12 noon.
The Subcommittee will review
Chapter 14 of the Safety Evaluation
Report with Open Items associated with
the ESBWR Design Certification
Application. The Subcommittee will
hear presentations by and hold
discussions with representatives of the
NRC staff, GEH, and other interested
persons regarding this matter. The
Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official, Dr. Harold J.
Vandermolen, (Telephone: 301–415–
6236) five days prior to the meeting, if
possible, so that appropriate
arrangements can be made. Electronic
recordings will be permitted. Detailed
procedures for the conduct of 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 Official between
8:30 a.m. and 5 p.m. (ET). Persons
planning to attend this meeting are
urged to contact the above named
individual at least two working days
prior to the meeting to be advised of any
potential changes to the agenda.
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63033
Dated: October 14, 2008.
Cayetano Santos,
Branch Chief.
[FR Doc. E8–25141 Filed 10–21–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–7001, 70–7002]
Notice of Renewal of Certificates of
Compliance GDP–1 and GDP–2 for the
U.S. Enrichment Corporation, Paducah
and Portsmouth Gaseous Diffusion
Plants, Paducah, KY and Portsmouth,
OH
Notice and issuance of a
Director’s Decision renewing the
Certificates of Compliance for the
United States Enrichment Corporation
(USEC) allowing continued operation of
the gaseous diffusion plants (GDPs), at
Paducah, KY, and Portsmouth, OH.
ACTION:
FOR FURTHER INFORMATION CONTACT:
Michael Raddatz, Enrichment and
Conversion Branch, Division of Fuel
Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Telephone: (301) 492–3108; Fax: (301)
492–3363; or by e-mail:
Michael.Raddatz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is hereby issuing a
director’s decision authorizing the
renewal of the certificates of compliance
for the two GDPs located near Paducah,
KY, and Portsmouth, OH, for the USEC,
allowing continued operation of these
plants. The renewal of these certificates
for the GDPs covers a 5-year period.
USEC submitted individual renewal
requests for both the Paducah and
Portsmouth GDPs on April 10, 2008,
pursuant to Title 10 of the Code of
Federal Regulations (10 CFR), Section
76.31.
Pursuant to 10 CFR 76.53, the NRC
consulted with and requested written
comments on the renewal application
from the U.S. Environmental Protection
Agency (EPA) and the Department of
Energy (DOE). EPA responded in a letter
dated September 15, 2008,
(ML082840196) stating that it had
thoroughly reviewed the USEC
application to ensure that USEC had
provided an accurate environmental
compliance overview. The EPA found
that both the local and regional EPA
regulators had adequately inspected the
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facilities and took appropriate action
when identifying violations, and
supported the recertification of the
GDPs. In an e-mail dated September 23,
2008, (ML082840080) DOE reported that
its Portsmouth and Paducah Project
Office continued to discharge its
regulatory and oversight responsibilities
at the PGDP and PORTS. DOE
conducted its activities in a manner to
enhance and improve the environmental
health and safety conditions, and
achieve compliance with all applicable
Federal and State laws and regulations.
In those instances where potential
violations of these laws and regulations
were identified, actions were taken to
notify appropriate authorities, identify
the cause, and institute corrective
measures.
The NRC staff reviewed the certificate
renewal applications for the GDPs
located near Paducah, KY, and
Portsmouth, OH. USEC’s applications
for certificate renewal, received April
10, 2008, did not propose any changes
to the current safety basis or
requirements. As required by 10 CFR
76.36, ‘‘Annual Renewals,’’ USEC has
incorporated, into the renewal
application by reference, previous
applications, statements, and reports.
The documents that USEC is relying
upon as the basis for recertification
include the previously approved
Technical Safety Requirements, Safety
Analysis Report, Compliance Plan,
Quality Assurance Program, Emergency
Plan, Security and Safeguards Plans,
Waste Management Program, and
Decommissioning Funding Program, as
well as changes made pursuant to 10
CFR 76.68, ‘‘Plant Changes.’’ The staff
reviews (as part of recertification) all 10
CFR 76.68 changes submitted during the
past 5 years to ensure that the
cumulative effect of the changes, when
taken as a whole, and in consideration
of the changes approved by the NRC
staff under 10 CFR 76.45, have not
degraded the safety basis for the GDPs.
Based on its review of the certificate
renewal applications, the NRC staff has
concluded that in combination with
existing certificate conditions, USEC
provides reasonable assurance of
adequate safety, safeguards, and
security, and compliance with NRC
requirements. The NRC staff prepared
compliance evaluation reports (CERs) to
provide details of the staff’s safety
evaluations. These CERs (Portsmouth—
ML082820425, Paducah—
ML082820197) contain reference to the
review performed by headquarters staff,
in consultation with the regional
inspectors, of the 10 CFR 76.68 changes
made since issuance of the 2003
certificates.
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Because approvals of the certificate
renewal applications are covered by a
categorical exclusion (10 CFR
51.22(c)(19)), no environmental impact
statement or environmental assessment
needs to be prepared for these actions.
As a result of the staff reviews, the
NRC finds that USEC has met, and will
continue to meet, the 10 CFR 76
certification requirements. Accordingly,
the NRC will renew the certificates of
compliance for GDP–1 and GDP–2,
following submission of the Report to
Congress as required by Sec. 1701(b)(1)
of the Atomic Energy Act of 1954, as
amended (AEA).
II. Opportunity To File a Petition
Under 10 CFR 76.62(c), USEC or any
person whose interest may be affected
may file a petition requesting the
Commission’s review of this renewal
decision. A petition requesting the
Commission’s review may not exceed 30
pages and must be filed within 30 days
after the publication of this notice in the
Federal Register. Within 15 days of
filing a petition requesting the
Commission’s review, pursuant to 10
CFR 76.62(c), any other person whose
interest may be affected may file a
response, not to exceed 30 pages, to the
petition for review. Petitions requesting
the Commission’s review or responses
are to be filed and served in accordance
with 10 CFR 2.302(a) and (c), and the
other procedures referenced in 10 CFR
76.72(a).
Additionally, any petition must be
filed in accordance with the NRC EFiling rule, promulgated in 72 FR 49139
(Aug. 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 ten
(10) days prior to the filing deadline, the
petitioner/requester must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requester (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requester will need to
download the Workplace Forms
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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/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/applycertificates.html.
Once a petitioner/requester has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a petition.
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 petition 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
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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 petitions will not be
entertained absent a determination by
the Commission that the petition should
be granted. To be timely, filings must be
submitted no later than 11:59 p.m.
Eastern Time on the due date.
Participants are requested not to
include social security numbers or
copyrighted materials in their filings.
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.
III. Further Information
sroberts on PROD1PC70 with NOTICES
In accordance with 10 CFR 2.390 of
the NRC’s ‘‘Rules of Practice,’’ details
with respect to this action, including the
applications for renewal Portsmouth
and Paducah GDPs (ML081070220 and
ML081070229, respectively) are
available electronically for public
inspection and copying from the
Publicly Available Records (PARS)
component of NRC’s Agencywide
Documents Access and Management
System (ADAMS). ADAMS is accessible
from the NRC Web site at https://
www.nrc.gov/reading-rm/adams.html.
These documents (except for classified
and proprietary portions which are
withheld in accordance with 10 CFR
2.390, ‘‘Availability of Public Records’’)
are also available for public inspection
at the Commission’s Public Document
Room, at One White Flint North, 11555
Rockville Pike, Rockville, MD 20852.
Dated at Rockville, MD, this 10th day of
October 2008.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. E8–25151 Filed 10–21–08; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Extension:
Rule 12d2–1; OMB Control No. 3235–0081;
SEC File No. 270–98.
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 collections of information
summarized below. The Commission
plans to submit these existing
collections of information to the Office
of Management and Budget for
extension and approval.
• Rule 12d2–1 (17 CFR 240.12d2–1)
Suspension of Trading.
On February 12, 1935, the
Commission adopted Rule 12d2–1,1
under the Securities Exchange Act of
1934 (15 U.S.C. 78b et seq.) (‘‘Act’’), to
establish the procedures by which a
national securities exchange may
suspend from trading a security that is
listed and registered on the exchange
under section 12(d) of the Act.2 Under
Rule 12d2–1, an exchange is permitted
to suspend from trading a listed security
in accordance with its rules, and must
promptly notify the Commission of any
such suspension, along with the
effective date and the reasons for the
suspension.
Any such suspension may be
continued until such time as the
Commission may determine that the
suspension is designed to evade the
provisions of section 12(d) of the Act
and Rule 12d2–2 thereunder.3 During
the continuance of such suspension
under Rule 12d2–1, the exchange is
required to notify the Commission
promptly of any change in the reasons
for the suspension. Upon the restoration
to trading of any security suspended
under Rule 12d2–1, the exchange must
notify the Commission promptly of the
effective date of such restoration.
The trading suspension notices serve
a number of purposes. First, they inform
the Commission that an exchange has
suspended from trading a listed security
or reintroduced trading in a previously
suspended security. They also provide
the Commission with information
1 See Securities Exchange Act Release No. 98
(February 12, 1935).
2 See Securities Exchange Act Release No. 7011
(February 5, 1963), 28 FR 1506 (February 16, 1963).
3 Rule 12d2–2 prescribes the circumstances under
which a security may be delisted from an exchange
and withdrawn from registration under section
12(b) of the Act, and provides the procedures for
taking such action.
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63035
necessary for it to determine that the
suspension has been accomplished in
accordance with the rules of the
exchange, and to verify that the
exchange has not evaded the
requirements of section 12(d) of the Act
and Rule 12d2–2 thereunder by
improperly employing a trading
suspension. Without Rule 12d2–1, the
Commission would be unable to fully
implement these statutory
responsibilities.
There are ten national securities
exchanges that are subject to Rule 12d2–
1. The burden of complying with Rule
12d2–1 is not evenly distributed among
the exchanges, however, since there are
many more securities listed on the New
York Stock Exchange, Inc., the
NASDAQ Stock Market, and the
American Stock Exchange LLC than on
the other exchanges.4 However, for
purposes of this filing, the Commission
staff has assumed that the number of
responses is evenly divided among the
exchanges. There are approximately
1,500 responses under Rule 12d2–1 for
the purpose of suspension of trading
from the national securities exchanges
each year, the resultant aggregate annual
reporting hour burden would be,
assuming on average one-half reporting
hour per response, 750 annual burden
hours for all exchanges. The related
costs associated with these burden
hours are $41,625.00.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Comments should be directed to:
Lewis W. Walker, Acting Director/Chief
Information Officer, Securities and
Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way,
Alexandria, Virginia 22312 or send an email to: PRA_Mailbox@sec.gov.
4 In fact, some exchanges do not file any trading
suspension reports in a given year.
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Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63033-63035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25151]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7001, 70-7002]
Notice of Renewal of Certificates of Compliance GDP-1 and GDP-2
for the U.S. Enrichment Corporation, Paducah and Portsmouth Gaseous
Diffusion Plants, Paducah, KY and Portsmouth, OH
ACTION: Notice and issuance of a Director's Decision renewing the
Certificates of Compliance for the United States Enrichment Corporation
(USEC) allowing continued operation of the gaseous diffusion plants
(GDPs), at Paducah, KY, and Portsmouth, OH.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Michael Raddatz, Enrichment and
Conversion Branch, Division of Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. Telephone: (301) 492-3108; Fax:
(301) 492-3363; or by e-mail: Michael.Raddatz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is hereby issuing a
director's decision authorizing the renewal of the certificates of
compliance for the two GDPs located near Paducah, KY, and Portsmouth,
OH, for the USEC, allowing continued operation of these plants. The
renewal of these certificates for the GDPs covers a 5-year period. USEC
submitted individual renewal requests for both the Paducah and
Portsmouth GDPs on April 10, 2008, pursuant to Title 10 of the Code of
Federal Regulations (10 CFR), Section 76.31.
Pursuant to 10 CFR 76.53, the NRC consulted with and requested
written comments on the renewal application from the U.S. Environmental
Protection Agency (EPA) and the Department of Energy (DOE). EPA
responded in a letter dated September 15, 2008, (ML082840196) stating
that it had thoroughly reviewed the USEC application to ensure that
USEC had provided an accurate environmental compliance overview. The
EPA found that both the local and regional EPA regulators had
adequately inspected the
[[Page 63034]]
facilities and took appropriate action when identifying violations, and
supported the recertification of the GDPs. In an e-mail dated September
23, 2008, (ML082840080) DOE reported that its Portsmouth and Paducah
Project Office continued to discharge its regulatory and oversight
responsibilities at the PGDP and PORTS. DOE conducted its activities in
a manner to enhance and improve the environmental health and safety
conditions, and achieve compliance with all applicable Federal and
State laws and regulations. In those instances where potential
violations of these laws and regulations were identified, actions were
taken to notify appropriate authorities, identify the cause, and
institute corrective measures.
The NRC staff reviewed the certificate renewal applications for the
GDPs located near Paducah, KY, and Portsmouth, OH. USEC's applications
for certificate renewal, received April 10, 2008, did not propose any
changes to the current safety basis or requirements. As required by 10
CFR 76.36, ``Annual Renewals,'' USEC has incorporated, into the renewal
application by reference, previous applications, statements, and
reports. The documents that USEC is relying upon as the basis for
recertification include the previously approved Technical Safety
Requirements, Safety Analysis Report, Compliance Plan, Quality
Assurance Program, Emergency Plan, Security and Safeguards Plans, Waste
Management Program, and Decommissioning Funding Program, as well as
changes made pursuant to 10 CFR 76.68, ``Plant Changes.'' The staff
reviews (as part of recertification) all 10 CFR 76.68 changes submitted
during the past 5 years to ensure that the cumulative effect of the
changes, when taken as a whole, and in consideration of the changes
approved by the NRC staff under 10 CFR 76.45, have not degraded the
safety basis for the GDPs.
Based on its review of the certificate renewal applications, the
NRC staff has concluded that in combination with existing certificate
conditions, USEC provides reasonable assurance of adequate safety,
safeguards, and security, and compliance with NRC requirements. The NRC
staff prepared compliance evaluation reports (CERs) to provide details
of the staff's safety evaluations. These CERs (Portsmouth--ML082820425,
Paducah--ML082820197) contain reference to the review performed by
headquarters staff, in consultation with the regional inspectors, of
the 10 CFR 76.68 changes made since issuance of the 2003 certificates.
Because approvals of the certificate renewal applications are
covered by a categorical exclusion (10 CFR 51.22(c)(19)), no
environmental impact statement or environmental assessment needs to be
prepared for these actions.
As a result of the staff reviews, the NRC finds that USEC has met,
and will continue to meet, the 10 CFR 76 certification requirements.
Accordingly, the NRC will renew the certificates of compliance for GDP-
1 and GDP-2, following submission of the Report to Congress as required
by Sec. 1701(b)(1) of the Atomic Energy Act of 1954, as amended (AEA).
II. Opportunity To File a Petition
Under 10 CFR 76.62(c), USEC or any person whose interest may be
affected may file a petition requesting the Commission's review of this
renewal decision. A petition requesting the Commission's review may not
exceed 30 pages and must be filed within 30 days after the publication
of this notice in the Federal Register. Within 15 days of filing a
petition requesting the Commission's review, pursuant to 10 CFR
76.62(c), any other person whose interest may be affected may file a
response, not to exceed 30 pages, to the petition for review. Petitions
requesting the Commission's review or responses are to be filed and
served in accordance with 10 CFR 2.302(a) and (c), and the other
procedures referenced in 10 CFR 76.72(a).
Additionally, any petition must be filed in accordance with the NRC
E-Filing rule, promulgated in 72 FR 49139 (Aug. 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
ten (10) days prior to the filing deadline, the petitioner/requester
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requester (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requester 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/requester has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a petition. 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 petition 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
[[Page 63035]]
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 petitions will not be entertained absent a determination
by the Commission that the petition should be granted. To be timely,
filings must be submitted no later than 11:59 p.m. Eastern Time on the
due date.
Participants are requested not to include social security numbers
or copyrighted materials in their filings. 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.
III. Further Information
In accordance with 10 CFR 2.390 of the NRC's ``Rules of Practice,''
details with respect to this action, including the applications for
renewal Portsmouth and Paducah GDPs (ML081070220 and ML081070229,
respectively) are available electronically for public inspection and
copying from the Publicly Available Records (PARS) component of NRC's
Agencywide Documents Access and Management System (ADAMS). ADAMS is
accessible from the NRC Web site at https://www.nrc.gov/reading-rm/
adams.html. These documents (except for classified and proprietary
portions which are withheld in accordance with 10 CFR 2.390,
``Availability of Public Records'') are also available for public
inspection at the Commission's Public Document Room, at One White Flint
North, 11555 Rockville Pike, Rockville, MD 20852.
Dated at Rockville, MD, this 10th day of October 2008.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-25151 Filed 10-21-08; 8:45 am]
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