Westinghouse Electric Company, LLC, 10727-10730 [2015-04136]
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Federal Register / Vol. 80, No. 39 / Friday, February 27, 2015 / Notices
the 25 casks back to their original, preearthquake positions and spacing. If
approved, the proposed license
amendment would allow the casks to
remain in their current positions.
The NRC has assessed the potential
environmental impacts associated with
the proposed action of amending SNM–
2507 TS 4.2.3, as well as the no-action
alternative, and has documented the
results in the final EA (ADAMS
Accession No. ML15022A575). The NRC
staff performed its environmental
review in accordance with the
requirements in 10 CFR part 51. In
conducting the environmental review,
the NRC considered information in the
license amendment application;
information in the responses to the
NRC’s requests for additional
information (RAIs); communications
with Dominion, the Virginia State
Historic Preservation Office, the
Virginia Department of Game and
Inland Fisheries and the Virginia
Department of Health; information from
the NRC inspections; and the NRC’s
independent analysis.
Approval of Dominion’s proposed
license amendment would allow the
casks to remain in place at their current
post-earthquake positions and spacing,
and no changes to Dominion’s operation
and maintenance of the NA ISFSI are
associated with the proposed action.
Because the proposed action would
authorize Dominion to leave the casks
in their current positions, rather than
taking action to return the casks to their
pre-earthquake positions, no significant
radiological or non-radiological impacts
are expected to result from approval of
the license amendment request, and the
proposed action would not significantly
contribute to cumulative impacts at the
NA site. There would be no
disproportionally high and adverse
impacts on minority and low-income
populations. The Virginia State Historic
Preservation Office concurred with the
NRC’s determination that the proposed
action would not affect historic
properties, and the U.S. Fish and
Wildlife Service concurred with the
NRC’s determination that the proposed
action would not affect listed species or
critical habitats. Furthermore, the NRC
determined that the proposed action is
more favorable than the no-action
alternative (denial of the license
amendment request), which would
require movement of the casks back to
their pre-earthquake positions and
spacing. Thus, the NRC concludes that
the proposed action will not result in a
significant effect on the quality of the
human environment.
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III. Finding of No Significant Impact
Based on its review of the proposed
action, in accordance with the
requirements in 10 CFR part 51, the
NRC has concluded that the proposed
action, amendment of NRC Special
Nuclear Materials License No. SNM–
2507 for the NA ISFSI located in Louisa
County, Virginia, will not significantly
affect the quality of the human
environment. Therefore, the NRC has
determined, pursuant to 10 CFR 51.31,
that preparation of an environmental
impact statement is not required for the
proposed action and a FONSI is
appropriate.
Dated at Rockville, Maryland, this 20th day
of February, 2015.
For the Nuclear Regulatory Commission.
Marissa G. Bailey,
Director, Division of Fuel Cycle Safety,
Safeguards, and Environmental Review,
Office of Nuclear Material Safety and
Safeguards.
10727
Dr. Gary S. Arnold, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Dr. Richard E. Wardwell, Atomic Safety
and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
All correspondence, documents, and
other materials shall be filed in
accordance with the NRC E-Filing rule.
See 10 CFR. 2.302.
Rockville, Maryland.
Dated: February 23, 2015.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. 2015–04130 Filed 2–26–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–1151; NRC–2015–0039]
[FR Doc. 2015–04133 Filed 2–26–15; 8:45 am]
Westinghouse Electric Company, LLC
BILLING CODE 7590–01–P
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to request a hearing and to
petition for leave to intervene.
AGENCY:
NUCLEAR REGULATORY
COMMISSION
TENNESSEE VALLEY AUTHORITY
[Docket No. 50–391–OL; ASLBP No. 15–
938–01–0L–BD01]
Establishment of Atomic Safety and
Licensing Board
Pursuant to delegation by the
Commission, see 37 FR 28,710 (Dec. 29,
1972), and the Commission’s
regulations, see e.g., 10 CFR 2.104,
2.105, 2.300, 2.309, 2.313, 2.318, 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board (Board) is
being established to preside over the
following proceeding:
Tennessee Valley Authority (Watts Bar
Nuclear Plant, Unit 2)
This proceeding concerns motions,
dated February 5, 2015 and filed
February 6, 2015, by Southern Alliance
for Clean Energy to (1) reopen the
record; and (2) admit a new contention
in the captioned matter regarding the
updated application by Tennessee
Valley Authority for a facility operating
license for Watts Bar Nuclear Plant, Unit
2, to be located in Rhea County,
Tennessee.
The Board is comprised of the
following administrative judges:
Paul S. Ryerson, Chairman, Atomic
Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
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The U.S. Nuclear Regulatory
Commission (NRC) has received an
application from the Westinghouse
Electric Company, LLC (Westinghouse
or the licensee) to renew special nuclear
material (SNM) license number SNM–
1107 that authorizes Westinghouse to
manufacture nuclear fuel assemblies at
the Columbia Fuel Fabrication Facility
(CFFF) in Hopkins, SC, for use in
commercial nuclear power plants. The
license renewal would allow
Westinghouse to continue licensed
activities for 40 years from the date that
a renewed license is issued.
DATES: A request for a hearing or
petition for leave to intervene must be
filed by April 28, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2015–0039 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0039. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
SUMMARY:
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• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. For the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of Documents’’
section of this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Christopher Ryder, Office of Nuclear
Materials Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington DC 20555–0001; telephone:
301–287–0651; email:
Christopher.Ryder@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated
November 30, 2012, and revised/
supplemented on July 31, 2014, and
December 27, 2014, a request to renew
SNM license number SNM–1107,
authorizing Westinghouse to
manufacture nuclear fuel assemblies at
the CFFF in Hopkins, South Carolina,
for use in commercial nuclear power
plants. The manufacturing operations
consist of receiving low-enriched (i.e.,
less than or equal to 5.0 weight percent
U–235) uranium in the form of uranium
hexafluoride; converting the uranium
hexafluoride into uranium dioxide
powder using the ammonium diuranate
process; pressing the uranium dioxide
powder into fuel pellets; loading the
fuel pellets into fuel rods; and bundling
the fuel rods into fuel assemblies. The
license renewal would allow
Westinghouse to continue licensed
activities for 40 years from the date that
the license is issued. The current license
was issued on September 30, 2007, for
a period of 20 years. The expiration date
of the current license is September 30,
2027. The licensee is authorized to use
SNM under Part 70 of Title 10 of the
Code of Federal Regulations (10 CFR).
An NRC administrative completeness
review, dated December 30, 2014, found
the application acceptable for a
technical review. During the technical
review, the NRC will be reviewing the
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application in areas of the site
description, organization of the CFFF,
integrated safety analysis, radiation
protection, nuclear criticality safety,
chemical process safety, fire safety,
emergency management, environmental
protection, decommissioning,
management measures, physical
security, and nuclear material control.
Prior to approving the request to renew
SNM license number SNM–1107, the
NRC will need to make the findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
NRC’s regulations. The NRC’s findings
will be documented in a safety
evaluation report. Regarding the
proposed action, the NRC will also
make findings consistent with the
National Environmental Policy Act and
10 CFR part 51.
II. Opportunity To Request a Hearing
and Petition To Intervene
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license or
combined license. Requests for a
hearing and a petition to intervene shall
be filed in accordance with the
Commission’s ‘‘Agency Rules of Practice
and Procedure’’ in 10 CFR part 2.
Interested person(s) should consult a
current copy of 10 CFR 2.309, which is
available at the NRC’s PDR, located in
One White Flint North, Room O1–F21
(first floor), 11555 Rockville Pike,
Rockville, Maryland 20852. The NRC’s
regulations are accessible electronically
from the NRC Library on the NRC’s Web
site at https://www.nrc.gov/reading-rm/
doc-collections/cfr/. If a request for a
hearing or petition to intervene is filed
within 60 days, the Commission or a
presiding officer designated by the
Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel will
rule on the request and/or petition. The
Secretary or the Chief Administrative
Judge of the Atomic Safety and
Licensing Board will issue a notice of
hearing or an appropriate order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth, with particularity, the interest of
the petitioner in the proceeding and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted,
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
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nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion that support the contention and
on which the requestor/petitioner
intends to rely in proving the contention
at the hearing. The requestor/petitioner
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence, consistent with NRC
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
will set the time and place for any
prehearing conferences and evidentiary
hearings, and the appropriate notices
will be provided.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice.
Requests for hearing, petitions to
intervene, and motions for leave to file
new or amended contentions that are
filed after the 60-day deadline will not
be entertained absent a determination
by the presiding officer that the filing
demonstrates good cause by satisfying
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the three factors in 10 CFR
2.309(c)(1)(i)–(iii).
A State, local governmental body,
Federally-recognized Indian tribe, or
agency thereof, may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission by April 28, 2015. The
petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions for
leave to intervene set forth in this
section, except that under § 2.309(h)(2)
a State, local governmental body, or
Federally-recognized Indian tribe, or
agency thereof does not need to address
the standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. A State, local
governmental body, Federallyrecognized Indian Tribe, or agency
thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish, or is not qualified,
to become a party to the proceeding
may, in the discretion of the presiding
officer, be permitted to make a limited
appearance pursuant to the provisions
of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or
written statement of position on the
issues, but may not otherwise
participate in the proceeding. A limited
appearance may be made at any session
of the hearing or at any prehearing
conference, subject to the limits and
conditions as may be imposed by the
presiding officer. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by April 28, 2015.
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III. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC’s E-Filing rule
(72 FR 49139; August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
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 an exemption in
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accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant 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’s public Web site
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10729
at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s
E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing 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
email notice confirming receipt of the
document. The E-Filing system also
distributes an email notice that provides
access to the document to the NRC’s
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 NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC Meta System Help Desk through
the ‘‘Contact Us’’ link located on the
NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, 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, MD
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
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document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the 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,
unless an NRC regulation or other law
requires submission of such
information. However, a request to
intervene will require including
information on local residence in order
to demonstrate a proximity assertion of
interest in the proceeding. With respect
to copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
IV. Availability of Documents
The documents identified in the
following table are available in ADAMS
to interested persons.
Document
Adams Accession No.
Description
Letter from G. Couture, Westinghouse, ‘‘Westinghouse License Renewal Application’’, November 30, 2013.
Letter to C. Snyder, Westinghouse, Deferring Review Of Application For A 40-Year Renewal Of Special Nuclear Materials
License SNM–1107’’, February 7, 2013.
Letter from N. Parr, Westinghouse, ‘‘SNM–1107 License Renewal’’, July 31, 2014.
Note from C. Ryder, U.S. Nuclear Regulatory Commission,
‘‘Summary of Meetings: Westinghouse 40-Year License Renewal: Acceptance Review’’, October 3, 2014.
Letter from R. Johnson, U.S. Nuclear Regulatory Commission,
‘‘Supplemental Information Needed To Begin A Technical
Review Of The 40-Year License Renewal Application’’, October 24, 2014.
Memorandum from C. Ryder, U.S. Nuclear Regulatory Commission, ‘‘Westinghouse Electric Company: Meeting Summary—Nuclear Regulatory Commission Staff Expectations
For Supplementing The License Renewal Application Dated
July 31, 2014, Of The Columbia Fuel Fabrication Facility’’,
January 12, 2015.
Letter from N. Parr, Westinghouse, ‘‘SNM–1107 License Renewal Supplement’’, December 17, 2014.
Letter from C. Ryder, U.S. Nuclear Regulatory Commission,
‘‘Acceptance For Technical Review: ‘‘SNM–1107 License
Renewal Supplement,’’ Dated December 17, 2014 (Technical Assignment Control Number L33317)’’, December 30,
2014.
ML12338A041
Initial application to renew license SNM–1107 for a period of
40 years.
Letter informing Westinghouse that NRC intends to defer the
review of the renewal application so as to budget and plan
for the review.
Resubmitted application to renew license SNM–1107 for a period of 40 years.
Summary of a meeting between NRC and Westinghouse to
discuss supplementing the application to renew license
SNM–1107.
Letter from NRC to Westinghouse discussing the information
that is needed to begin a technical review of the application
to renew license SNM–1107.
Dated at Rockville, Maryland, this 18th day
of February 2015.
For the Nuclear Regulatory Commission.
Robert K. Johnson,
Chief, Fuel Manufacturing Branch, Division
of Fuel Cycle Safety, Safeguards, and
Environmental Review, Office of Nuclear
Materials Safety and Safeguards.
[FR Doc. 2015–04136 Filed 2–26–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
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[NRC–2015–0001]
Sunshine Act Meeting Notice
DATE:
Week of February 23, 2015.
Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
PLACE:
STATUS:
Public.
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ML13024A083
ML14213A105
ML14276A432
ML14295A208
ML14356A353
Summary of meeting between NRC and Westinghouse discussing the letter Westinghouse dated October 24, 2014,
regarding information to supplement license SNM–1107.
ML14352A111
Revised application to renew license SNM–1107.
ML14364A017
Letter from NRC to Westinghouse informing Westinghouse
that the revised application dated December 17, 2014, has
sufficient information for the NRC staff to perform a technical review.
Week of February 23, 2015
pursuant to U.S.C. 552b(e) and ’9.107(a)
of the Commission’s rules that the above
referenced Affirmation Session be held
with less than one week notice to the
public. The meeting is scheduled on
February 26, 2015.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0727, by
videophone at 240–428–3217, or by
email at Kimberly.Meyer-Chambers@
Thursday, February 26, 2015
12:55 p.m. Affirmation Session (Public
Meeting) (Tentative)
Petitions to Suspend Reactor
Licensing Decisions and Reactor
License Renewal Decisions Pending
Issuance of ‘‘Waste Confidence’’
Safety Findings (Filed on Multiple
Dockets). (Tentative)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
*
*
*
*
*
The schedule for Commission
meetings is subject to change on short
notice. For more information or to verify
the status of meetings, contact Glenn
Ellmers at 301–415–0442 or via email at
Glenn.Ellmers@nrc.gov.
*
*
*
*
*
Additional Information
By a vote of 4–0 on February 23 and
24, 2015, the Commission determined
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Agencies
[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Pages 10727-10730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04136]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1151; NRC-2015-0039]
Westinghouse Electric Company, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from the Westinghouse Electric Company, LLC (Westinghouse
or the licensee) to renew special nuclear material (SNM) license number
SNM-1107 that authorizes Westinghouse to manufacture nuclear fuel
assemblies at the Columbia Fuel Fabrication Facility (CFFF) in Hopkins,
SC, for use in commercial nuclear power plants. The license renewal
would allow Westinghouse to continue licensed activities for 40 years
from the date that a renewed license is issued.
DATES: A request for a hearing or petition for leave to intervene must
be filed by April 28, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0039 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0039. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
[[Page 10728]]
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Christopher Ryder, Office of Nuclear
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-287-0651; email:
Christopher.Ryder@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated November 30, 2012, and
revised/supplemented on July 31, 2014, and December 27, 2014, a request
to renew SNM license number SNM-1107, authorizing Westinghouse to
manufacture nuclear fuel assemblies at the CFFF in Hopkins, South
Carolina, for use in commercial nuclear power plants. The manufacturing
operations consist of receiving low-enriched (i.e., less than or equal
to 5.0 weight percent U-235) uranium in the form of uranium
hexafluoride; converting the uranium hexafluoride into uranium dioxide
powder using the ammonium diuranate process; pressing the uranium
dioxide powder into fuel pellets; loading the fuel pellets into fuel
rods; and bundling the fuel rods into fuel assemblies. The license
renewal would allow Westinghouse to continue licensed activities for 40
years from the date that the license is issued. The current license was
issued on September 30, 2007, for a period of 20 years. The expiration
date of the current license is September 30, 2027. The licensee is
authorized to use SNM under Part 70 of Title 10 of the Code of Federal
Regulations (10 CFR).
An NRC administrative completeness review, dated December 30, 2014,
found the application acceptable for a technical review. During the
technical review, the NRC will be reviewing the application in areas of
the site description, organization of the CFFF, integrated safety
analysis, radiation protection, nuclear criticality safety, chemical
process safety, fire safety, emergency management, environmental
protection, decommissioning, management measures, physical security,
and nuclear material control. Prior to approving the request to renew
SNM license number SNM-1107, the NRC will need to make the findings
required by the Atomic Energy Act of 1954, as amended (the Act), and
the NRC's regulations. The NRC's findings will be documented in a
safety evaluation report. Regarding the proposed action, the NRC will
also make findings consistent with the National Environmental Policy
Act and 10 CFR part 51.
II. Opportunity To Request a Hearing and Petition To Intervene
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition to intervene
shall be filed in accordance with the Commission's ``Agency Rules of
Practice and Procedure'' in 10 CFR part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309, which is available at the NRC's
PDR, located in One White Flint North, Room O1-F21 (first floor), 11555
Rockville Pike, Rockville, Maryland 20852. The NRC's regulations are
accessible electronically from the NRC Library on the NRC's Web site at
https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a
hearing or petition to intervene is filed within 60 days, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will rule on the request and/or petition. The Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth, with particularity, the interest of the petitioner in
the proceeding and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted, with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence, consistent
with NRC regulations, policies, and procedures. The Atomic Safety and
Licensing Board will set the time and place for any prehearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests for hearing,
petitions to intervene, and motions for leave to file new or amended
contentions that are filed after the 60-day deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying
[[Page 10729]]
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
A State, local governmental body, Federally-recognized Indian
tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by April
28, 2015. The petition must be filed in accordance with the filing
instructions in the ``Electronic Submissions (E-Filing)'' section of
this document, and should meet the requirements for petitions for leave
to intervene set forth in this section, except that under Sec.
2.309(h)(2) a State, local governmental body, or Federally-recognized
Indian tribe, or agency thereof does not need to address the standing
requirements in 10 CFR 2.309(d) if the facility is located within its
boundaries. A State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
April 28, 2015.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory 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 an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 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 (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's
E-Filing system. To be timely, an electronic filing must be
submitted to the E-Filing 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
email notice confirming receipt of the document. The E-Filing system
also distributes an email notice that provides access to the document
to the NRC's 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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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, MD
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
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document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the 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, unless an NRC
regulation or other law requires submission of such information.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. With respect to copyrighted works, except
for limited excerpts that serve the purpose of the adjudicatory filings
and would constitute a Fair Use application, participants are requested
not to include copyrighted materials in their submission.
IV. Availability of Documents
The documents identified in the following table are available in
ADAMS to interested persons.
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Document Adams Accession No. Description
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Letter from G. Couture, ML12338A041........ Initial application
Westinghouse, ``Westinghouse to renew license
License Renewal SNM-1107 for a
Application'', November 30, period of 40 years.
2013.
Letter to C. Snyder, ML13024A083........ Letter informing
Westinghouse, Deferring Westinghouse that
Review Of Application For A NRC intends to
40-Year Renewal Of Special defer the review of
Nuclear Materials License the renewal
SNM-1107'', February 7, 2013. application so as
to budget and plan
for the review.
Letter from N. Parr, ML14213A105........ Resubmitted
Westinghouse, ``SNM-1107 application to
License Renewal'', July 31, renew license SNM-
2014. 1107 for a period
of 40 years.
Note from C. Ryder, U.S. ML14276A432........ Summary of a meeting
Nuclear Regulatory between NRC and
Commission, ``Summary of Westinghouse to
Meetings: Westinghouse 40- discuss
Year License Renewal: supplementing the
Acceptance Review'', October application to
3, 2014. renew license SNM-
1107.
Letter from R. Johnson, U.S. ML14295A208........ Letter from NRC to
Nuclear Regulatory Westinghouse
Commission, ``Supplemental discussing the
Information Needed To Begin information that is
A Technical Review Of The 40- needed to begin a
Year License Renewal technical review of
Application'', October 24, the application to
2014. renew license SNM-
1107.
Memorandum from C. Ryder, ML14356A353........ Summary of meeting
U.S. Nuclear Regulatory between NRC and
Commission, ``Westinghouse Westinghouse
Electric Company: Meeting discussing the
Summary--Nuclear Regulatory letter Westinghouse
Commission Staff dated October 24,
Expectations For 2014, regarding
Supplementing The License information to
Renewal Application Dated supplement license
July 31, 2014, Of The SNM-1107.
Columbia Fuel Fabrication
Facility'', January 12, 2015.
Letter from N. Parr, ML14352A111........ Revised application
Westinghouse, ``SNM-1107 to renew license
License Renewal SNM-1107.
Supplement'', December 17,
2014.
Letter from C. Ryder, U.S. ML14364A017........ Letter from NRC to
Nuclear Regulatory Westinghouse
Commission, ``Acceptance For informing
Technical Review: ``SNM-1107 Westinghouse that
License Renewal the revised
Supplement,'' Dated December application dated
17, 2014 (Technical December 17, 2014,
Assignment Control Number has sufficient
L33317)'', December 30, 2014. information for the
NRC staff to
perform a technical
review.
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Dated at Rockville, Maryland, this 18th day of February 2015.
For the Nuclear Regulatory Commission.
Robert K. Johnson,
Chief, Fuel Manufacturing Branch, Division of Fuel Cycle Safety,
Safeguards, and Environmental Review, Office of Nuclear Materials
Safety and Safeguards.
[FR Doc. 2015-04136 Filed 2-26-15; 8:45 am]
BILLING CODE 7590-01-P