Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 9613 

Docketing of the application does not 

preclude the NRC from requesting 

additional information from the 

applicant as the review proceeds, nor 

does it predict whether the Commission 

will grant or deny the application. The 

Commission will receive a report on the 

DC renewal application from the 

Advisory Committee on Reactor 

Safeguards in accordance with 10 CFR 

52.57, ‘‘Application for Renewal.’’ The 

Commission will announce in a future 

Federal Register notice the opportunity 

to comment on a proposed rulemaking 

to issue the renewal. If the Commission 

finds that the DC renewal application 

meets the applicable standards of the 

Atomic Energy Act and the 

Commission’s regulations, and that 

required notifications to other agencies 

and bodies have been made, the 

Commission will issue a DC renewal, in 

the form and containing conditions and 

limitations that the Commission finds 

appropriate and necessary. 

Documents may be examined, and/or 

copied for a fee, at the NRC’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland, and will be 

accessible electronically through the 

Agencywide Documents Access and 

Management System (ADAMS) Public 

Electronic Reading Room link at the 

NRC Web site http://www.nrc.gov/ 

reading-rm/adams.html. The 

application is also available at http:// 

www.nrc.gov/reactors/new-reactors/ 

design-cert.html. Persons who do not 

have access to ADAMS or who 

encounter problems in accessing 

documents located in ADAMS should 

contact the NRC PDR Reference staff by 

telephone at 1–800–397–4209, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

Dated at Rockville, Maryland, this 14th day 

of February 2011. 

For the Nuclear Regulatory Commission. 

Adrian Mun ̃iz, 

Project Manager, BWR Projects Branch, 

Division of New Reactor Licensing, Office of 

New Reactors. 

[FR Doc. 2011–3734 Filed 2–17–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–11–013] 

USEC Inc. (American Centrifuge Lead 

Cascade Facility and American 

Centrifuge Plant); Order Approving 

Direct Transfer of Licenses and 

Conforming Amendment 

I 

USEC, Inc. (USEC) is the holder of 

material licenses numbers 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 Portsmouth Gaseous 

Diffusion Plant site in Piketon, Ohio, in 

accordance with material license 

number SNM–7003; and, (2) construct 

and operate a gas centrifuge uranium 

enrichment facility (the ACP) at the 

Portsmouth Gaseous Diffusion Plant site 

in Piketon, Ohio, in accordance with 

material license number SNM–2011. 

II 

By letter dated September 10, 2010, 

USEC requested that the U.S. Nuclear 

Regulatory Commission (NRC) consent 

to transfer control of material license 

numbers SNM–7003 and SNM–2011 

from USEC to a subsidiary limited 

liability company, American Centrifuge 

Operating (ACO), LLC. In addition, 

USEC requested NRC approval of 

changes to the Lead Cascade and the 

ACP material licenses. With NRC’s 

approval of the request to transfer 

licenses, USEC will then make 

conforming changes to the license 

applications to reflect ACO as the 

Licensee. USEC’s request included 

conforming changes to Chapter 2 of the 

combined Lead Cascade and ACP 

security program. 

Approval of the direct transfer of the 

licenses and of the conforming license 

amendments was requested pursuant to 

10 CFR 70.36. A notice of consideration 

of approval was published in the 

Federal Register on November 17, 2010 

(75 FR 70300), including a notice of 

opportunity to request a hearing, or to 

submit written comments. No requests 

for a hearing were submitted in 

response to this notice. However, the 

Ohio Sierra Club submitted a written 

request, dated December 5, 2010 

(ADAMS Accession No. ML103370366), 

for a public meeting to discuss this 

request to transfer licenses. In response, 

the NRC held a public meeting on 

January 4, 2011, in Piketon, Ohio, to 

discuss NRC’s process for reviewing 

USEC’s request to transfer licenses with 

members of the Sierra Club and other 

members of the public. During the 

meeting, the Southern Ohio Neighbors 

Group (SONG) submitted written 

comments regarding the transfer of 

licenses to the NRC. SONG’s comments 

were received after the December 17, 

2010, due date for submittal of 

comments provided in the November 

17, 2010, Federal Register Notice. The 

NRC considered the comments to the 

maximum extent practicable within the 

enclosed Safety Evaluation Report. 

Pursuant to 10 CFR 30.34(b), 40.46, 

and 70.36, no license granted under 

those parts, and no right thereunder to 

use byproduct, source, or special 

nuclear material, shall be transferred, 

assigned, or in any manner disposed of, 

directly or indirectly, through transfer of 

control of any license, to any person, 

unless the Commission shall, after 

securing full information, find that the 

transfer is in accordance with the 

provisions of the Atomic Energy Act of 

1954 (the Act), as amended, and shall 

give its consent in writing. 

The Commission will approve an 

application for the direct or indirect 

transfer of a license if the Commission 

determines that the proposed 

restructuring and reorganization will 

not affect the qualifications of the 

Licensee to hold the license, and that 

the transfer is otherwise consistent with 

applicable provisions of law, 

regulations, and orders issued by the 

Commission pursuant thereto. After 

review of the information in USEC’s 

request and other information before the 

Commission, and relying on the 

representations and agreements 

contained in the request, the NRC staff 

has determined that the proposed 

corporate restructuring and direct 

transfer of the licenses are acceptable 

and consistent with applicable 

provisions of law, regulations, and 

orders issued by the Commission. The 

NRC staff has further determined that 

the application for the proposed license 

amendments complies with the 

standards and requirements of the Act, 

as amended, and the Commission’s 

rules and regulations set forth in Title 

10 Chapter I. The requested direct 

transfer of the licenses and issuance of 

the conforming license amendments 

would not be inimical to the common 

defense and security, or to the health 

and safety of the public, or the 

environment. Furthermore, the issuance 

of the proposed amendments would be 

in accordance with 10 CFR part 51 of 

the Commission’s regulations, and all 

applicable requirements have been 

satisfied. 

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9614 Federal Register / Vol. 76, No. 34 / Friday, February 18, 2011 / Notices 

III 

Accordingly, pursuant to Sections 

161b, 161i, and 184 of the Act; 42 U.S.C. 

2201(b), 2201(i), and 2234; 10 CFR 

30.34(b), 40.46, and 70.36, it is hereby 

ordered that the Application regarding 

the direct transfer of the licenses, as 

described herein, be approved, subject 

to the following conditions: 

(1) USEC will obtain NRC approval on 

the revised financial assurance 

instruments for decommissioning of the 

Lead Cascade facility; 

(2) ACO, as stated in the request, will 

abide by all commitments and 

representations previously made by 

USEC with respect to the licenses; and 

(3) USEC will provide to the NRC, a 

copy of the executed facilities 

subleasing agreement(s) naming ACO as 

the tenant and clarifying DOE 

indemnification, before the transfers are 

completed. 

It is further ordered that the 

conforming license amendments for the 

direct transfer of licenses shall be issued 

after the above conditions have been 

satisfied, and made effective at the time 

the proposed transfer of licenses is 

completed. 

It is further ordered that, to ensure 

that the NRC is timely notified of the 

transfers’ completion, the licensee shall 

inform the Director of the Office of 

Nuclear Material Safety and Safeguards, 

in writing, of the date of closing of the 

direct transfer of license numbers SNM– 

7003 and SNM–2011 at least one (1) 

business day prior to closing. If the 

direct transfer of the licenses and all the 

above conforming conditions has not 

been completed within 180 days from 

the date of the issuance of this Order, 

the Order shall become null and void; 

however, on written application and for 

good cause shown, such date may be 

extended by order. The Director, Office 

of Nuclear Material Safety and 

Safeguards, may relax or rescind, in 

writing, any of the above conditions 

upon a demonstration of good cause by 

the licensee. 

This Order is effective upon issuance. 

For further details with respect to this 

Order, see the initial application dated 

September 10, 2010, and the Safety 

Evaluation Report that supports the 

amendment, which are available for 

public inspection at the Commission’s 

Public Document Room (PDR), located 

at One White Flint North, Room O1– 

F21, 11555 Rockville Pike (first floor), 

Rockville, MD 20852, and accessible, 

electronically, from the Agencywide 

Documents Access and Management 

System (ADAMS) Public Electronic 

Reading Room, on the Internet, at the 

NRC Web site, http://www.nrc.gov/ 

reading-rm/adams.html. Persons who 

do not have access to ADAMS, or who 

encounter problems in accessing the 

documents located in ADAMS, should 

contact the NRC PDR reference staff, by 

telephone at 1–800–397–4209 or 301– 

415–4737 or by e-mail to 

pdr.resources@nrc.gov. 

Dated at Rockville, MD, this 10th day of 

February 2011. 

For the Nuclear Regulatory Commission. 

Catherine Haney, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2011–3736 Filed 2–17–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2011–0039] 

Notice of Availability of the Proposed 

Models for Plant-Specific Adoption of 

Technical Specifications Task Force 

(TSTF) Traveler TSTF–423, Revision 1, 

‘‘Technical Specifications End States, 

NEDC–32988–A,’’ for Boiling Water 

Reactor Plants Using the Consolidated 

Line Item Improvement Process 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of Availability. 

SUMMARY: The NRC is announcing the 

availability of the model application 

(with model no significant hazards 

consideration (NSHC) determination) 

and model safety evaluation (SE) for 

plant-specific adoption of Technical 

Specifications Task Force (TSTF) 

Traveler TSTF–423, Revision 1, 

‘‘Technical Specifications End States, 

NEDC–32988–A,’’ for boiling water 

reactor (BWR) plants using the 

consolidated line item improvement 

process (CLIIP). TSTF–423, Revision 1, 

is available in the Agencywide 

Documents Access and Management 

System (ADAMS) under Accession 

Number ML093570241. The changes in 

TSTF–423, Revision 1, modify every 

Required Action with the preferred end 

state with addition of a Note prohibiting 

the use of the provisions of limiting 

condition for operation (LCO) 3.0.4.a to 

enter the end state Mode within the 

Applicability during startup. The Bases 

of each Required Action is revised to 

describe the Note. Additionally, this 

revision to TSTF–423 removes the 

proposed changes to Technical 

Specification (TS) 3.6.1.1, ‘‘Primary 

Containment.’’ This model SE will 

facilitate expedited approval of plantspecific adoption of TSTF–423, 

Revision 1. Please note, this notice of 

availability (NOA) supersedes in its 

entirety the NOA for TSTF–423, 

Revision 0, published in the Federal 

Register on March 23, 2006 (71 FR 

14726–14745, ADAMS Accession 

Number ML060760206). 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied, for a fee, publicly available 

documents at the NRC’s PDR, Public 

File Area O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into the 

ADAMS, which provides text and image 

files of NRC’s public documents. If you 

do not have access to the ADAMS, or if 

there are problems in accessing the 

documents located in the ADAMS, 

contact the NRC’s PDR reference staff at 

1–800–397–4209, 301–415–4737, or by 

e-mail to pdr.resource@nrc.gov. 

The model application (with model 

NSHC determination) and model SE for 

plant-specific adoption of TSTF–423, 

Revision 1, are available electronically 

under ADAMS Accession Number 

ML0126730688. The NRC staff 

disposition of comments received to the 

Notice of Opportunity for Public 

Comment announced in the Federal 

Register on December 14, 2005 (70 FR 

74037), is available electronically under 

ADAMS Accession Number 

ML102700373. 

Federal rulemaking Web site: Public 

comments received and supporting 

materials related to this notice can be 

found at http://www.regulations.gov by 

searching on Docket ID: NRC–2011– 

0039. 

FOR FURTHER INFORMATION CONTACT: 

Ravinder Grover, Technical 

Specifications Branch, Mail Stop: O–7 

C2A, Division of Inspection and 

Regional Support, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone 301–415– 

2166 or e-mail at 

Ravinder.Grover@nrc.gov or Ms. 

Michelle C. Honcharik, Senior Project 

Manager, Licensing Processes Branch, 

Mail Stop: O–12 D1, Division of Policy 

and Rulemaking, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone 301–415– 

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