Notice of Application From Western Nuclear Inc., for Consent to Indirect Change of Control With Respect to Materials License SUA-56, Opportunity To Provide Comments and To Request a Hearing, 52510-52512 [E9-24564]

Download as PDF 52510 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 5532, TTY–TDD 202/682–5429, at least seven (7) days prior to the meeting. Further information with reference to this meeting can be obtained from the Office of Communications, National Endowment for the Arts, Washington, DC 20506, at 202/682–5570. Dated: October 7, 2009. Kathy Plowitz-Worden, Panel Coordinator, Office of Guidelines and Panel Operations. [FR Doc. E9–24521 Filed 10–9–09; 8:45 am] BILLING CODE 7537–01–P NUCLEAR REGULATORY COMMISSION [Docket No. NRC–2009–0233] Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request erowe on DSK5CLS3C1PROD with NOTICES AGENCY: U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. SUMMARY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on June 30, 2009. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 790, Classification Record. 3. Current OMB approval number: 3150–0052. 4. The form number if applicable: NRC Form 790. 5. How often the collection is required: On occasion. 6. Who will be required or asked to report: NRC licensees, contractors, and certificate holders who classify and declassify NRC information. 7. An estimate of the number of annual responses: 450. 8. The estimated number of annual respondents: 208. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 30. 10. Abstract: Completion of the NRC Form 790 is a mandatory requirement VerDate Nov<24>2008 15:29 Oct 09, 2009 Jkt 220001 for NRC licensees, contractors, and only certificate holder who classifies and declassifies NRC information in accordance with Executive Order 12958 as amended, ‘‘Classified National Security Information,’’ the Atomic Energy Act, and implementing directives. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O–1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by November 12, 2009. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. NRC Desk Officer, Office of Information and Regulatory Affairs (3150–0052), NEOB–10202, Office of Management and Budget, Washington, DC 20503. The NRC Clearance Officer is Tremaine Donnell, (301) 415–6258. Dated at Rockville, Maryland, this 2nd day of October 2009. For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. E9–24589 Filed 10–9–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0434; Docket No. 40–1162] Notice of Application From Western Nuclear Inc., for Consent to Indirect Change of Control With Respect to Materials License SUA–56, Opportunity To Provide Comments and To Request a Hearing AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Notice of consideration of a request from Western Nuclear Inc., for consent to indirect transfer of control over materials license SUA–56 and the opportunity to request a hearing. DATES: A request for a hearing must be filed by November 2, 2009. FOR FURTHER INFORMATION CONTACT: Richard Chang, Project Manager, Special Projects Branch, Division of Waste PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 415–7188; fax number: (301) 415–5369; e-mail: richard.chang@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering an application from Western Nuclear Inc., (WNI or licensee), submitted on July 22, 2009, requesting approval of an indirect change of control with respect to its 10 CFR part 40 source materials license SUA–56. WNI’s parent company, Phelps Dodge Corporation (PDC) (currently named Freeport-McMoRan Corporation), was previously acquired in a reverse triangular merger by Freeport-McMoRan Copper & Gold, Inc. (Freeport). On March 19, 2007, Freeport acquired the entire interest in PDC, and Freeport now owns one hundred percent (100%) of PDC. This transaction resulted in the indirect transfer of control of WNI and license SUA–56 from PDC to Freeport. WNI is requesting that the NRC consent to this indirect change of control. WNI’s application states that, as a result of the 2007 transaction, there has been no change to the licensee’s operations, and that its key operating personnel and licensed activities have remained the same. WNI has, and will continue to be, the holder of license SUA–56 after the approval of the indirect change of control. WNI will remain technically and financially qualified as the licensee and will continue to fulfill all responsibilities as the licensee. Pursuant to 10 CFR 40.46, no source material license 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, after securing full information, finds that the transfer is in accordance with the provisions of the Atomic Energy Act, and gives its consent in writing. An Environmental Assessment (EA) will not be performed for this proposed action because it falls within a class of actions categorically excluded from the requirement to perform an EA pursuant to 10 CFR 51.22(c)(21). The NRC staff plans to approve the July 22, 2009, application by issuing the necessary order, along with a supporting safety evaluation report. E:\FR\FM\13OCN1.SGM 13OCN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices II. Opportunity to Request a Hearing Any person whose interest may be affected if the July 22, 2009, application is approved, and who desires to participate as a party in an NRC adjudicatory hearing, must file a request for a hearing. The hearing request must include a specification of the contentions which the person seeks to have litigated in the hearing, and must be filed in accordance with the NRC EFiling rule, which the NRC promulgated in August 2007, 72 FR 49139, (August 28, 2007). The E-Filing rule requires participants to submit and serve documents over the Internet or, in some cases, to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 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 ESubmittal 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. 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 Standard Time on the due date. VerDate Nov<24>2008 15:29 Oct 09, 2009 Jkt 220001 Upon receipt of a transmission, the EFiling 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 using the agency’s adjudicatory e-filing system may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at https://www.nrc.gov/sitehelp/e-submittals.html or by calling the NRC Meta-System Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. The Meta-System Help Desk can be contacted by telephone at 1–866–672– 7640 or by e-mail at MSHD.Resource@nrc.gov. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 52511 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 Standard Time on the due date. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include social security numbers in their filings. Copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, should not be included in the submission. The formal requirements for documents contained in 10 CFR 2.304(c)–(e) must be met. If the NRC grants an electronic document exemption in accordance with 10 CFR 2.302(g)(3), then the requirements for paper documents, set forth in 10 CFR 2.304(b) must be met. In accordance with 10 CFR 2.309(b), a request for a hearing must be filed by November 2, 2009. In addition to meeting other applicable requirements of 10 CFR 2.309, a request for a hearing filed by a person other than an applicant must state: 1. The name, address, and telephone number of the requestor; 2. The nature of the requestor’s right under the Act to be made a party to the proceeding; 3. The nature and extent of the requestor’s property, financial or other interest in the proceeding; 4. The possible effect of any decision or order that may be issued in the proceeding on the requestor’s interest; and 5. The circumstances establishing that the request for a hearing is timely in accordance with 10 CFR 2.309(b). In accordance with 10 CFR 2.309(f)(1), a request for hearing or petitions for leave to intervene must set forth with particularity the contentions sought to be raised. For each contention, the request or petition must: 1. Provide a specific statement of the issue of law or fact to be raised or controverted; 2. Provide a brief explanation of the basis for the contention; 3. Demonstrate that the issue raised in the contention is within the scope of the proceeding; 4. Demonstrate that the issue raised in the contention is material to the findings that the NRC must make to E:\FR\FM\13OCN1.SGM 13OCN1 52512 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES support the action that is involved in the proceeding; 5. Provide a concise statement of the alleged facts or expert opinions which support the requestor’s/petitioner’s position on the issue and on which the requestor/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 requestor/petitioner disputes and the supporting reasons for each dispute, or, if the requestor/ 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 requestor’s/ petitioner’s belief. In addition, in accordance with 10 CFR 2.309(f)(2), contentions must be based on documents or other information available at the time the petition is to be filed, such as the application, or other supporting document filed by an applicant or 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. Requestors/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 requestors/petitioners is designated the lead representative. Further, in accordance with 10 CFR 2.309(f)(3), any requestor/petitioner that wishes to adopt a contention proposed by another requestor/petitioner must do so, in accordance with the E-Filing rule, within ten days of the date the contention is filed, and designate a representative who shall have the authority to act for the requestor/ petitioner. As indicated below, pursuant to 10 CFR 2.310(g), any hearing would be subject to the procedures set forth in 10 CFR part 2, subpart M. III. Opportunity To Provide Written Comments Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, VerDate Nov<24>2008 15:29 Oct 09, 2009 Jkt 220001 Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and should cite the publication date and page number of this Federal Register notice. Comments received after 30 days will be considered if practicable to do so, but only those comments received on or before the due date can be assured consideration. IV. Further Information For further details with respect to the proposed action, see the NRC’s letter to the licensee dated June 22, 2009 (See ADAMS ML091550317), the licensee’s letter dated July 22, 2009 (See ADAMS ML092100253), a letter from NRC to the licensee dated August 13, 2009, accepting the Application for formal review (See ADAMS ML092100480), a transmittal letter dated March 27, 2009, and affidavit requesting that the financial information provided to NRC be withheld from the public pursuant to NRC regulation 10 CFR 2.390 (See ADAMS ML092260137). Additional background information is contained in letters dated March 12, 2007 (See ADAMS ML071080087), and September 5, 2007 (See ADAMS ML072710031). The documents referenced above are available for public inspection, and can be copied for a fee, at the U.S. Nuclear Regulatory Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The NRC maintains an Agency-wide Documents Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. These documents may be accessed through the NRC’s Public Electronic Reading Room on the Internet at https://www.nrc.gov. Persons who do not have access to ADAMS or who have problems in accessing the documents located in ADAMS may contact the PDR reference staff at 1–800–397–4209, 301–415–4737 or by e-mail at pdr.resource@nrc.gov. Dated at Rockville, Maryland, this 5th day of October 2009. For the Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E9–24564 Filed 10–9–09; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [NRC–2009–0448] Notice of Availability of Draft Interim Staff Guidance 25, ‘‘Pressure and Helium Leakage Testing of the Confinement Boundary of Spent Fuel Storage Canisters,’’ and Opportunity To Provide Comments AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability and opportunity to provide comments. DATES: Comments must be provided by November 27, 2009. FOR FURTHER INFORMATION CONTACT: Ron Parkhill, Senior Mechanical Engineer, Thermal and Containment Branch, Division of Spent Fuel Storage and Transportation Division, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005–0001. Telephone: (301) 492–3324; fax number: (301) 492–3342; e-mail: ron.parkhill@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission (NRC) is issuing Draft Interim Staff Guidance 25, ‘‘Pressure and Helium Leakage Testing of the Confinement Boundary of Spent Fuel Storage Canisters.’’ This draft interim staff guidance (ISG) clarifies the agency’s position on the shop helium leakage test and ASME (American Society of Mechanical Engineers) Code pressure testing requirements in order to provide reasonable assurance of the confinement of radioactive material for spent fuel storage canisters. The purpose of this notice is to provide the public with an opportunity to review and to solicit comments on this draft ISG. Comments received will be considered in the final version or subsequent revisions. II. Opportunity To Provide Comments Comments and questions on draft ISG–25, should be directed to Ron Parkhill, Thermal and Containment Branch, Division of Spent Fuel Storage and Transportation, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20005–0001 by November 27, 2009. Comments received after this date will be considered if it is practical to do so, but only those comments received on or before the due date can be assured consideration. Comments can also be submitted by E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Notices]
[Pages 52510-52512]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24564]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0434; Docket No. 40-1162]


Notice of Application From Western Nuclear Inc., for Consent to 
Indirect Change of Control With Respect to Materials License SUA-56, 
Opportunity To Provide Comments and To Request a Hearing

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of consideration of a request from Western Nuclear Inc., 
for consent to indirect transfer of control over materials license SUA-
56 and the opportunity to request a hearing.

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

DATES: A request for a hearing must be filed by November 2, 2009.

FOR FURTHER INFORMATION CONTACT: Richard Chang, Project Manager, 
Special Projects Branch, Division of Waste Management and Environmental 
Protection, Office of Federal and State Materials and Environmental 
Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Telephone: (301) 415-7188; fax number: (301) 415-5369; e-mail: 
richard.chang@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering an 
application from Western Nuclear Inc., (WNI or licensee), submitted on 
July 22, 2009, requesting approval of an indirect change of control 
with respect to its 10 CFR part 40 source materials license SUA-56. 
WNI's parent company, Phelps Dodge Corporation (PDC) (currently named 
Freeport-McMoRan Corporation), was previously acquired in a reverse 
triangular merger by Freeport-McMoRan Copper & Gold, Inc. (Freeport).
    On March 19, 2007, Freeport acquired the entire interest in PDC, 
and Freeport now owns one hundred percent (100%) of PDC. This 
transaction resulted in the indirect transfer of control of WNI and 
license SUA-56 from PDC to Freeport. WNI is requesting that the NRC 
consent to this indirect change of control.
    WNI's application states that, as a result of the 2007 transaction, 
there has been no change to the licensee's operations, and that its key 
operating personnel and licensed activities have remained the same. WNI 
has, and will continue to be, the holder of license SUA-56 after the 
approval of the indirect change of control. WNI will remain technically 
and financially qualified as the licensee and will continue to fulfill 
all responsibilities as the licensee.
    Pursuant to 10 CFR 40.46, no source material license 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, after securing 
full information, finds that the transfer is in accordance with the 
provisions of the Atomic Energy Act, and gives its consent in writing. 
An Environmental Assessment (EA) will not be performed for this 
proposed action because it falls within a class of actions 
categorically excluded from the requirement to perform an EA pursuant 
to 10 CFR 51.22(c)(21).
    The NRC staff plans to approve the July 22, 2009, application by 
issuing the necessary order, along with a supporting safety evaluation 
report.

[[Page 52511]]

II. Opportunity to Request a Hearing

    Any person whose interest may be affected if the July 22, 2009, 
application is approved, and who desires to participate as a party in 
an NRC adjudicatory hearing, must file a request for a hearing. The 
hearing request must include a specification of the contentions which 
the person seeks to have litigated in the hearing, and must be filed in 
accordance with the NRC E-Filing rule, which the NRC promulgated in 
August 2007, 72 FR 49139, (August 28, 2007). The E-Filing rule requires 
participants to submit and serve documents over the Internet or, in 
some cases, to mail copies on electronic storage media. Participants 
may not submit paper copies of their filings unless they seek a waiver 
in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
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) 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 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/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 Standard 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 using the agency's adjudicatory e-
filing system 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 Meta-System Help Desk, which is 
available between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday, excluding government holidays. The Meta-System Help Desk can be 
contacted by telephone at 1-866-672-7640 or by e-mail at 
MSHD.Resource@nrc.gov.
    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 Standard Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include social 
security numbers in their filings. Copyrighted works, except for 
limited excerpts that serve the purpose of the adjudicatory filings and 
would constitute a Fair Use application, should not be included in the 
submission.
    The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3), then the requirements for paper 
documents, set forth in 10 CFR 2.304(b) must be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by November 2, 2009.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, a request for a hearing filed by a person other than an 
applicant must state:
    1. The name, address, and telephone number of the requestor;
    2. The nature of the requestor's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requestor's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requestor's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to

[[Page 52512]]

support the action that is involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requestor's/petitioner's position on the 
issue and on which the requestor/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 requestor/petitioner disputes and the supporting 
reasons for each dispute, or, if the requestor/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 requestor's/petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the petition is to be filed, such as the application, or other 
supporting document filed by an applicant or 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.
    Requestors/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 
requestors/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309(f)(3), any requestor/petitioner that 
wishes to adopt a contention proposed by another requestor/petitioner 
must do so, in accordance with the E-Filing rule, within ten days of 
the date the contention is filed, and designate a representative who 
shall have the authority to act for the requestor/petitioner.
    As indicated below, pursuant to 10 CFR 2.310(g), any hearing would 
be subject to the procedures set forth in 10 CFR part 2, subpart M.

III. Opportunity To Provide Written Comments

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted to the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff, and should cite the publication date and page number of this 
Federal Register notice. Comments received after 30 days will be 
considered if practicable to do so, but only those comments received on 
or before the due date can be assured consideration.

IV. Further Information

    For further details with respect to the proposed action, see the 
NRC's letter to the licensee dated June 22, 2009 (See ADAMS 
ML091550317), the licensee's letter dated July 22, 2009 (See ADAMS 
ML092100253), a letter from NRC to the licensee dated August 13, 2009, 
accepting the Application for formal review (See ADAMS ML092100480), a 
transmittal letter dated March 27, 2009, and affidavit requesting that 
the financial information provided to NRC be withheld from the public 
pursuant to NRC regulation 10 CFR 2.390 (See ADAMS ML092260137). 
Additional background information is contained in letters dated March 
12, 2007 (See ADAMS ML071080087), and September 5, 2007 (See ADAMS 
ML072710031). The documents referenced above are available for public 
inspection, and can be copied for a fee, at the U.S. Nuclear Regulatory 
Commission's Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. 
The NRC maintains an Agency-wide Documents Access and Management System 
(ADAMS), which provides text and image files of NRC's public documents. 
These documents may be accessed through the NRC's Public Electronic 
Reading Room on the Internet at https://www.nrc.gov.
    Persons who do not have access to ADAMS or who have problems in 
accessing the documents located in ADAMS may contact the PDR reference 
staff at 1-800-397-4209, 301-415-4737 or by e-mail at 
pdr.resource@nrc.gov.

    Dated at Rockville, Maryland, this 5th day of October 2009.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. E9-24564 Filed 10-9-09; 8:45 am]
BILLING CODE 7590-01-P
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