USEC Inc. (American Centrifuge Lead Cascade Facility and American Centrifuge Plant); Direct Transfer of Licenses, 9273-9274 [2012-3675]
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Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
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WORKSHOP Sponsored by the Nuclear
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[FR Doc. 2012–3677 Filed 2–15–12; 8:45 am]
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[NRC–2010–0355]
USEC Inc. (American Centrifuge Lead
Cascade Facility and American
Centrifuge Plant); Direct Transfer of
Licenses
In the Matter of USEC INC. (American
Centrifuge Lead Cascade Facility and
American Centrifuge Plant); Order EA–12–
* Meetings between the NRC technical staff and
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9274
Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
027, Docket Nos. 70–7003, 70–7004, License
Nos. SNM–7003, SNM–2011
Order Extending the Date by Which the
Direct Transfer of Licenses Is To Be
Completed
I
USEC Inc., (USEC) is the holder of
materials licenses SNM–7003 and
SNM–2011 for the American Centrifuge
Lead Cascade Facility (Lead Cascade)
and American Centrifuge Plant (ACP),
respectively, which authorize the
licensee to: (1) Possess and use source
and special nuclear material at the Lead
Cascade at the former Portsmouth
Gaseous Diffusion Plant site in Piketon,
Ohio, in accordance with materials
license number SNM–7003; and (2)
construct and operate a gas centrifuge
uranium enrichment facility (the ACP)
at the former Portsmouth Gaseous
Diffusion Plant site in Piketon, Ohio, in
accordance with materials license
number SNM–2011.
II
srobinson on DSK4SPTVN1PROD with NOTICES
The U.S. Nuclear Regulatory
Commission’s (NRC) Order EA–11–013,
dated February 10, 2011, approved the
direct transfer of the licenses of the
above facilities from USEC to the
limited liability company American
Centrifuge Operating, LLC (ACO),
pursuant to Sections 161(b), 161(i),
161(o) and 184 of the Atomic Energy
Act, as amended; 42 United States Code
(U.S.C.) 2201(b), 2201(i), and 2234; and
Title 10 of the Code of Federal
Regulations (10 CFR) 30.34(b), 10 CFR
40.46, ‘‘Inalienability of Licenses,’’ and
10 CFR 70.36, ‘‘Inalienability of
Licenses.’’ By Order EA–11–180, dated
August 8, 2011, the NRC approved an
extension to Order EA–11–013 until
February 9, 2012. By their terms, both
orders will become null and void if the
license transfers are not completed by
February 9, 2012. However, both the
February 10, 2011, and the August 9,
2011, Orders further state that upon
written application and for good cause
shown, the implementation period for
the license transfers may be extended by
further Order.
III
By letter dated January 6, 2012, and
supplemented by letter dated January
27, 2012, USEC submitted a request to
extend the date by which the license
transfers must be completed from
February 9, 2012, to February 8, 2013.
USEC stated that Condition 3 of Order
EA–11–013 will be satisfied following
completion of actions with the DOE,
without any linkage to the loan
guarantee. In its January 27, 2012, letter,
USEC stated that due to uncertainty, it
VerDate Mar<15>2010
16:31 Feb 15, 2012
Jkt 226001
appears that the date for completion of
activities associated with the sub-lease
will extend beyond May 18, 2012.
Accordingly, USEC stated that it will
not be able to fully implement the
conditions in Order EA–11–013 by
February 9, 2012, and is requesting a
second extension to Order EA–11–013.
USEC states that there have been no
changes in the information and
technical and financial qualifications
presented in its September 10, 2010,
request to transfer the licenses
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML102660371). The NRC
staff notes that its basis for approving
the transfers of USEC’s licenses for the
Lead Cascade and the ACP from USEC
to ACO is documented in its safety
evaluation report (SER, ADAMS
Accession No. ML103630748)
supporting the February 10, 2011,
Order.
The NRC staff reviewed the
information provided by USEC in its
September 10, 2010, transfer of licenses
request, the information provided in its
July 22, 2011, first extension request
(ADAMS Accession No. ML11210B497),
and supplemental electronic
communication dated August 1, 2011
(ADAMS Accession No. ML11213A282),
and the information provided in its
January 6, 2012, second extension
request, and supplemental letter dated
January 27, 2012. Based on this review
of the information provided by USEC,
the NRC staff concludes that the basis
for originally approving the transfers of
USEC’s licenses for the Lead Cascade
and the ACP from USEC to ACO
remains valid. The NRC staff evaluated
the January 6, 2012, submittal and the
January 27, 2012, supplemental letter
and determined that USEC has shown
good cause to extend the
implementation period of Order EA–11–
013 a second time and, therefore, the
implementation date for Order EA–11–
013 should be extended to February 8,
2013, the date by which the transfer of
licenses must be completed.
IV
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended, 42
U.S.C. 2201(b), 2201(i), and 2234; and
10 CFR 30.34(b), 10 CFR 40.46,
‘‘Inalienability of Licenses,’’ and 10 CFR
70.36, ‘‘Inalienability of Licenses,’’ It Is
Hereby Ordered that the date by which
the license transfers described above
must be completed is extended to
February 8, 2013. If the proposed direct
transfer of licenses is not completed by
February 8, 2013, this Order and the
February 10, 2011, Order shall become
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null and void. However, upon written
application and for good cause shown,
the February 8, 2013, date may be
extended by further Order.
This Order is effective upon issuance.
The Order of February 10, 2011, as
modified by the August 8, 2011, Order
and this Order, remains in full force and
effect.
For further details with respect to this
Order, see the submittal dated January
6, 2012 (ADAMS Accession No.
ML11210B497), the supplemental letter
dated January 27, 2012 (ADAMS
Accession No. ML12032A279), and the
SER documenting NRC’s staff evaluation
of USEC’s submittal dated February 8,
2012 (ADAMS Accession No.
ML12027A034), which may be
examined—and/or copied for a fee—at
the NRC’s Public Document Room,
located at One White Flint North, 11555
Rockville Pike (First Floor), Rockville,
MD 20852; and accessible online in the
NRC Library at https://www.nrc.gov/
reading-rm/adams.html.
Dated at Rockville, Maryland, this 8th day
of February 2012.
For the U.S. Nuclear Regulatory
Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2012–3675 Filed 2–15–12; 8:45 am]
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[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9273-9274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3675]
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NUCLEAR REGULATORY COMMISSION
[NRC-2010-0355]
USEC Inc. (American Centrifuge Lead Cascade Facility and American
Centrifuge Plant); Direct Transfer of Licenses
In the Matter of USEC INC. (American Centrifuge Lead Cascade
Facility and American Centrifuge Plant); Order EA-12-
[[Page 9274]]
027, Docket Nos. 70-7003, 70-7004, License Nos. SNM-7003, SNM-2011
Order Extending the Date by Which the Direct Transfer of Licenses Is To
Be Completed
I
USEC Inc., (USEC) is the holder of materials licenses SNM-7003 and
SNM-2011 for the American Centrifuge Lead Cascade Facility (Lead
Cascade) and American Centrifuge Plant (ACP), respectively, which
authorize the licensee to: (1) Possess and use source and special
nuclear material at the Lead Cascade at the former Portsmouth Gaseous
Diffusion Plant site in Piketon, Ohio, in accordance with materials
license number SNM-7003; and (2) construct and operate a gas centrifuge
uranium enrichment facility (the ACP) at the former Portsmouth Gaseous
Diffusion Plant site in Piketon, Ohio, in accordance with materials
license number SNM-2011.
II
The U.S. Nuclear Regulatory Commission's (NRC) Order EA-11-013,
dated February 10, 2011, approved the direct transfer of the licenses
of the above facilities from USEC to the limited liability company
American Centrifuge Operating, LLC (ACO), pursuant to Sections 161(b),
161(i), 161(o) and 184 of the Atomic Energy Act, as amended; 42 United
States Code (U.S.C.) 2201(b), 2201(i), and 2234; and Title 10 of the
Code of Federal Regulations (10 CFR) 30.34(b), 10 CFR 40.46,
``Inalienability of Licenses,'' and 10 CFR 70.36, ``Inalienability of
Licenses.'' By Order EA-11-180, dated August 8, 2011, the NRC approved
an extension to Order EA-11-013 until February 9, 2012. By their terms,
both orders will become null and void if the license transfers are not
completed by February 9, 2012. However, both the February 10, 2011, and
the August 9, 2011, Orders further state that upon written application
and for good cause shown, the implementation period for the license
transfers may be extended by further Order.
III
By letter dated January 6, 2012, and supplemented by letter dated
January 27, 2012, USEC submitted a request to extend the date by which
the license transfers must be completed from February 9, 2012, to
February 8, 2013. USEC stated that Condition 3 of Order EA-11-013 will
be satisfied following completion of actions with the DOE, without any
linkage to the loan guarantee. In its January 27, 2012, letter, USEC
stated that due to uncertainty, it appears that the date for completion
of activities associated with the sub-lease will extend beyond May 18,
2012. Accordingly, USEC stated that it will not be able to fully
implement the conditions in Order EA-11-013 by February 9, 2012, and is
requesting a second extension to Order EA-11-013.
USEC states that there have been no changes in the information and
technical and financial qualifications presented in its September 10,
2010, request to transfer the licenses (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML102660371). The NRC staff
notes that its basis for approving the transfers of USEC's licenses for
the Lead Cascade and the ACP from USEC to ACO is documented in its
safety evaluation report (SER, ADAMS Accession No. ML103630748)
supporting the February 10, 2011, Order.
The NRC staff reviewed the information provided by USEC in its
September 10, 2010, transfer of licenses request, the information
provided in its July 22, 2011, first extension request (ADAMS Accession
No. ML11210B497), and supplemental electronic communication dated
August 1, 2011 (ADAMS Accession No. ML11213A282), and the information
provided in its January 6, 2012, second extension request, and
supplemental letter dated January 27, 2012. Based on this review of the
information provided by USEC, the NRC staff concludes that the basis
for originally approving the transfers of USEC's licenses for the Lead
Cascade and the ACP from USEC to ACO remains valid. The NRC staff
evaluated the January 6, 2012, submittal and the January 27, 2012,
supplemental letter and determined that USEC has shown good cause to
extend the implementation period of Order EA-11-013 a second time and,
therefore, the implementation date for Order EA-11-013 should be
extended to February 8, 2013, the date by which the transfer of
licenses must be completed.
IV
Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and
2234; and 10 CFR 30.34(b), 10 CFR 40.46, ``Inalienability of
Licenses,'' and 10 CFR 70.36, ``Inalienability of Licenses,'' It Is
Hereby Ordered that the date by which the license transfers described
above must be completed is extended to February 8, 2013. If the
proposed direct transfer of licenses is not completed by February 8,
2013, this Order and the February 10, 2011, Order shall become null and
void. However, upon written application and for good cause shown, the
February 8, 2013, date may be extended by further Order.
This Order is effective upon issuance. The Order of February 10,
2011, as modified by the August 8, 2011, Order and this Order, remains
in full force and effect.
For further details with respect to this Order, see the submittal
dated January 6, 2012 (ADAMS Accession No. ML11210B497), the
supplemental letter dated January 27, 2012 (ADAMS Accession No.
ML12032A279), and the SER documenting NRC's staff evaluation of USEC's
submittal dated February 8, 2012 (ADAMS Accession No. ML12027A034),
which may be examined--and/or copied for a fee--at the NRC's Public
Document Room, located at One White Flint North, 11555 Rockville Pike
(First Floor), Rockville, MD 20852; and accessible online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html.
Dated at Rockville, Maryland, this 8th day of February 2012.
For the U.S. Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-3675 Filed 2-15-12; 8:45 am]
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