Foster Wheeler Environmental Corporation; Idaho Spent Fuel Facility; Notice of Consideration of Approval of Application Regarding Proposed Corporate Restructuring and Opportunity for a Hearing, 79518-79519 [E8-30777]
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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
Dated: December 19, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–30807 Filed 12–24–08; 8:45 am]
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Notice of Information Collection
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ACTION: Notice of information collection
cancellation.
SUMMARY: We are cancelling FR Notice
08–093, Information Collection Title:
TITLE IX Survey, published at 73 FR
70678, November 21, 2008, because we
determined the need to implement
compliance programs under three
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activities under all four laws, reflecting
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FOR FURTHER INFORMATION CONTACT: Dr.
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Walter Kit,
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[FR Doc. E8–30732 Filed 12–24–08; 8:45 am]
BILLING CODE 7510–13–M
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–25]
dwashington3 on PROD1PC60 with NOTICES
Foster Wheeler Environmental
Corporation; Idaho Spent Fuel Facility;
Notice of Consideration of Approval of
Application Regarding Proposed
Corporate Restructuring and
Opportunity for a Hearing
AGENCY: U.S. Nuclear Regulatory
Commission.
ACTION: Notice of indirect license
transfer application and opportunity to
request a hearing.
FOR FURTHER INFORMATION, CONTACT:
Shana Helton, Senior Project Manager,
VerDate Aug<31>2005
13:19 Dec 24, 2008
Jkt 217001
Licensing Branch, Division of Spent
Fuel Storage and Transportation, Office
of Nuclear Material Safety and
Safeguards (NMSS), U.S. Nuclear
Regulatory Commission (NRC),
Rockville, MD 20852. Telephone: (301)
492–3284; fax number: (301) 492–3348;
e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S.
Nuclear Regulatory Commission (the
Commission) is considering the
issuance of an order under 10 CFR 72.50
approving the indirect transfer of
Special Nuclear Materials (SNM)
License No. 2512 for the Idaho Spent
Fuel (ISF) Facility independent spent
fuel storage installation (ISFSI)
currently held by Foster Wheeler
Environmental Corporation (FWENC).
According to an application for
approval filed by FWENC, the indirect
transfer of control of FWENC’s license
would result from a planned corporate
restructuring whereby Foster Wheeler
AG will become the new corporate
parent holding company, replacing
FWENC’s current parent holding
company, Foster Wheeler Ltd. Foster
Wheeler Ltd. is a corporation duly
organized under the laws of Bermuda,
with shares that are widely held and
publicly traded in the United States on
the NASDAQ Global Select Market. The
proposed new parent holding company,
Foster Wheeler AG, is a corporation
duly organized under the laws of
Switzerland.
No physical changes to the ISF facility
or operational changes are being
proposed in the application.
Additionally, according to the
application, the proposed restructuring
will not impact the operations of
FWENC, nor will it impact any of the
terms and conditions under which it
holds SNM–2512.
Pursuant to 10 CFR 72.50, no license
or any part included in a license issued
under 10 CFR Part 72 for an ISFSI shall
be transferred, assigned, or in any
manner disposed of, either voluntarily
or involuntarily, directly or indirectly,
through transfer of control of the license
to any person, unless the Commission
shall give its consent in writing. The
Commission will approve an
application for the indirect transfer of a
license, if the Commission determines
that the proposed restructuring will not
affect the qualifications of the licensee
to hold the license, and that the transfer
is consistent with applicable provisions
of law and the regulations and orders
issued by the Commission.
The filing of requests for hearing and
petitions for leave to intervene, and
written comments with regard to the
license transfer application, are
discussed below.
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
Within 20 days from the date of
publication of this notice, any person(s)
whose interest may be affected by the
Commission’s action on the application
may request a hearing and intervention
via electronic submission through the
NRC E-filing system. Requests for a
hearing and petitions for leave to
intervene should be filed in accordance
with the Commission’s rules of practice
set forth in Subpart C ‘‘Rules of General
Applicability: Hearing Requests,
Petitions to Intervene, Availability of
Documents, Selection of Specific
Hearing Procedures, Presiding Officer
Powers, and General Hearing
Management for NRC Adjudicatory
Hearings,’’ of 10 CFR Part 2. In
particular, such requests and petitions
must comply with the requirements set
forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as
provided in 10 CFR 2.309(c)(1), unless
good cause for failure to file on time is
established. In addition, an untimely
request or petition should address the
factors that the Commission will also
consider, in reviewing untimely
requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)–(viii).
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
process 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/requestor must contact the
Office of the Secretary by e-mail at
hearing.docket@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/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.
E:\FR\FM\29DEN1.SGM
29DEN1
dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
VerDate Aug<31>2005
13:19 Dec 24, 2008
Jkt 217001
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted, based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/ehd_proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone 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 submissions.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and should cite the publication date and
page number of this Federal Register
notice.
For further details with respect to this
license transfer application, see the
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
79519
application dated December 11, 2008,
available for public inspection at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically from
the Agency wide Documents Access and
Management System’s (ADAMS) Public
Electronic Reading Room on the Internet
at the NRC Web site, https://
www.nrc.gov/reading-rm/adams.html.
The ADAMS Accessions number for the
license transfer application is
ML083500374. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209, or 301–415–4737 or
by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 19th day
of December 2008.
For the Nuclear Regulatory Commission.
Shana Helton,
Senior Project Manager, Licensing Branch,
Division of Spent Fuel Storage and Transport,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E8–30777 Filed 12–24–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–039]
PPL Bell Bend, LLC; Acceptance for
Docketing of an Application for
Combined License for Bell Bend
Nuclear Power Plant
By letter dated October 10, 2008, as
supplemented by letters dated
November 18, 24, 2008, and December
1, 8, 2008, PPL Bell Bend, LLC
submitted an application to the U.S.
Nuclear Regulatory Commission (NRC)
for a combined license (COL) for a
single unit of the U.S. Evolutionary
Power Reactor (U.S. EPR) in accordance
with the requirements contained in Title
10 of the Code of Federal Regulations
(10 CFR) Part 52, ‘‘Licenses,
Certifications, and Approvals for
Nuclear Power Plants.’’ This reactor will
be identified as Bell Bend Nuclear
Power Plant and is to be located on a
site adjacent to the existing
Susquehanna Steam Electric Station in
Luzerne County, Pennsylvania. A notice
of receipt and availability of this
application was previously published in
the Federal Register (73 FR 67214) on
November 13, 2008.
The NRC staff has determined that
PPL Bell Bend, LLC has submitted
E:\FR\FM\29DEN1.SGM
29DEN1
Agencies
[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79518-79519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30777]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-25]
Foster Wheeler Environmental Corporation; Idaho Spent Fuel
Facility; Notice of Consideration of Approval of Application Regarding
Proposed Corporate Restructuring and Opportunity for a Hearing
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of indirect license transfer application and opportunity
to request a hearing.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION, CONTACT: Shana Helton, Senior Project Manager,
Licensing Branch, Division of Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and Safeguards (NMSS), U.S. Nuclear
Regulatory Commission (NRC), Rockville, MD 20852. Telephone: (301) 492-
3284; fax number: (301) 492-3348; e-mail: shana.helton@nrc.gov.
SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (the
Commission) is considering the issuance of an order under 10 CFR 72.50
approving the indirect transfer of Special Nuclear Materials (SNM)
License No. 2512 for the Idaho Spent Fuel (ISF) Facility independent
spent fuel storage installation (ISFSI) currently held by Foster
Wheeler Environmental Corporation (FWENC).
According to an application for approval filed by FWENC, the
indirect transfer of control of FWENC's license would result from a
planned corporate restructuring whereby Foster Wheeler AG will become
the new corporate parent holding company, replacing FWENC's current
parent holding company, Foster Wheeler Ltd. Foster Wheeler Ltd. is a
corporation duly organized under the laws of Bermuda, with shares that
are widely held and publicly traded in the United States on the NASDAQ
Global Select Market. The proposed new parent holding company, Foster
Wheeler AG, is a corporation duly organized under the laws of
Switzerland.
No physical changes to the ISF facility or operational changes are
being proposed in the application. Additionally, according to the
application, the proposed restructuring will not impact the operations
of FWENC, nor will it impact any of the terms and conditions under
which it holds SNM-2512.
Pursuant to 10 CFR 72.50, no license or any part included in a
license issued under 10 CFR Part 72 for an ISFSI shall be transferred,
assigned, or in any manner disposed of, either voluntarily or
involuntarily, directly or indirectly, through transfer of control of
the license to any person, unless the Commission shall give its consent
in writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
restructuring will not affect the qualifications of the licensee to
hold the license, and that the transfer is consistent with applicable
provisions of law and the regulations and orders issued by the
Commission.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC E-filing system. Requests for a hearing and
petitions for leave to intervene should be filed in accordance with the
Commission's rules of practice set forth in Subpart C ``Rules of
General Applicability: Hearing Requests, Petitions to Intervene,
Availability of Documents, Selection of Specific Hearing Procedures,
Presiding Officer Powers, and General Hearing Management for NRC
Adjudicatory Hearings,'' of 10 CFR Part 2. In particular, such requests
and petitions must comply with the requirements set forth in 10 CFR
2.309. Untimely requests and petitions may be denied, as provided in 10
CFR 2.309(c)(1), unless good cause for failure to file on time is
established. In addition, an untimely request or petition should
address the factors that the Commission will also consider, in
reviewing untimely requests or petitions, set forth in 10 CFR
2.309(c)(1)(i)-(viii).
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 process
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/requestor
must contact the Office of the Secretary by e-mail at
hearing.docket@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/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.
[[Page 79519]]
Information about applying for a digital ID certificate is available on
NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/
site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone 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 submissions.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted to the Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications
Staff, and should cite the publication date and page number of this
Federal Register notice.
For further details with respect to this license transfer
application, see the application dated December 11, 2008, available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible electronically from the Agency wide
Documents Access and Management System's (ADAMS) Public Electronic
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/
reading-rm/adams.html. The ADAMS Accessions number for the license
transfer application is ML083500374. Persons who do not have access to
ADAMS or who encounter problems in accessing the documents located in
ADAMS should contact the NRC PDR Reference staff by telephone at 1-800-
397-4209, or 301-415-4737 or by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 19th day of December 2008.
For the Nuclear Regulatory Commission.
Shana Helton,
Senior Project Manager, Licensing Branch, Division of Spent Fuel
Storage and Transport, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. E8-30777 Filed 12-24-08; 8:45 am]
BILLING CODE 7590-01-P