Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 61411

enhance the quality, utility, and clarity 

of the information on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology; or (d) ways to 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology.

Dated: October 12, 2004. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation.

[FR Doc. 04–23204 Filed 10–15–04; 8:45 am] 

BILLING CODE 7555–01–M

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–7004; CLI–04–30] 

USEC, Inc. (American Centrifuge 

Plant); Notice of Receipt of Application 

for License; Notice of Availability of 

Applicant’s Environmental Report; 

Notice of Consideration of Issuance of 

License; and Notice of Hearing and 

Commission Order

Commissioners: Nils J. Diaz, Chairman, 

Edward McGaffigan, Jr. and Jeffrey S. 

Merrifield.

I. Receipt of Application and 

Availability of Documents 

Notice is hereby given that the U.S. 

Nuclear Regulatory Commission (NRC 

or the Commission) received on August 

23, 2004, an application, safety analysis 

report, and environmental report from 

USEC, Inc. (hereinafter USEC), for a 

license to possess and use source, 

byproduct, and special nuclear material 

and to enrich natural uranium to a 

maximum of 10 percent U–235 by the 

gas centrifuge process. The plant, to be 

known as the American Centrifuge 

Plant, would be located in Piketon, 

Ohio. USEC, Inc. is a Delaware 

corporation. 

Copies of USEC’s application, safety 

analysis report, and environmental 

report (except for portions thereof 

subject to withholding from public 

inspection in accordance with 10 CFR 

2.390, Availability of Public Records) 

are available for public inspection at the 

Commission’s Public Document Room 

(PDR) at One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. These documents are also 

available for review and copying using 

any of the following methods: (1) Enter 

the NRC’s Gas Centrifuge Enrichment 

Facility Licensing Web site at http://

www.nrc.gov/materials/fuel-cycle-fac/

gas-centrifuge.html#correspondence; (2) 

enter the NRC’s Agency wide Document 

Access and Management System 

(ADAMS) at http://www.nrc.gov/

reading-rm/adams.html, where the 

accession numbers for USEC’s 

application (including USEC’s safety 

analysis report and USEC’s 

environmental report) is ML042800551 

(3) contact the PDR by calling (800) 

397–4209, faxing a request to (301) 415–

3548, or sending a request by electronic 

mail to pdr@nrc.gov. Hard copies of the 

documents are available from the PDR 

for a fee. 

The NRC has now accepted USEC’s 

application for docketing and 

accordingly is providing this notice of 

hearing and notice of opportunity to 

intervene on USEC’s application for a 

license to construct and operate a 

centrifuge enrichment facility. Pursuant 

to the Atomic Energy Act of 1954, as 

amended, (Act) the NRC staff will 

prepare a safety evaluation report (SER) 

after reviewing the application and 

making findings concerning the public 

health and safety and common defense 

and security. In addition, pursuant to 

the National Environmental Policy Act 

of 1969 (NEPA) and the Commission’s 

regulations in 10 CFR part 51, NRC will 

complete an environmental evaluation 

and prepare an environmental impact 

statement (EIS) before the hearing on the 

issuance of a license is completed. The 

preparation of the EIS will be the 

subject of a separate notice in the 

Federal Register. 

When available, the NRC staff’s safety 

evaluation and its EIS (except for 

portions thereof subject to withholding 

from public inspection in accordance 

with 10 CFR 2.390) will also be placed 

in the PDR and in ADAMS. Copies of 

correspondence between the NRC and 

USEC, and transcripts of prehearing 

conferences and hearings (except for 

portions thereof subject to withholding 

from public inspection in accordance 

with 10 CFR 2.390) similarly will be 

made available to the public. 

If following the hearing, the 

Commission is satisfied that USEC has 

complied with the Commission’s 

regulations and the requirements of this 

Notice and Commission Order and the 

Commission finds that the application 

satisfies the applicable standards set 

forth in 10 CFR 30.33, 40.32, and 70.23, 

a single license will be issued 

authorizing (1) the receipt, possession, 

use, delivery, and transfer of byproduct 

(e.g., calibration sources), source and 

special nuclear material in the 

American Centrifuge Plant; and (2) the 

construction and operation of the 

American Centrifuge Plant. Prior to 

commencement of operations of the 

American Centrifuge Plant, if it is 

licensed, in accordance with section 

193(c) of the Act and 10 CFR 70.32(k), 

NRC will verify through inspection that 

the facility has been constructed in 

accordance with the requirements of the 

license for such construction and 

operation. The inspection findings will 

be published in the Federal Register. 

II. Notice of Hearing 

A. Pursuant to 10 CFR 70.23a and 

section 193 of the Act, as amended by 

the Solar, Wind, Waste, and Geothermal 

Power Production Incentives Act of 

1990 (Pub. L. 101–575), a hearing will 

be conducted according to the rules of 

procedure in 10 CFR part 2, Subparts A, 

C, G, and to the extent that classified 

information becomes involved, Subpart 

I. The hearing will be held under the 

authority of sections 53, 63, 189, 191, 

and 193 of the Act. The applicant and 

NRC staff shall be parties to the 

proceeding. 

B. Pursuant to 10 CFR part 2, subpart 

C, the hearing shall be conducted by an 

Atomic Safety and Licensing Board 

(Board) appointed by the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel. 

Notice as to the membership of the 

Board will be published in the Federal 

Register at a later date.

C. The matters of fact and law to be 

considered are whether the application 

satisfies the standards set forth in this 

Notice and Commission Order and the 

applicable standards in 10 CFR 30.33, 

40.32, and 70.23, and whether the 

requirements of 10 CFR part 51 have 

been met. 

D. If this proceeding is not a contested 

proceeding, as defined by 10 CFR 2.4, 

the Board will determine the following, 

without conducting a de novo 

evaluation of the application: (1) 

Whether the application and record of 

the proceeding contain sufficient 

information and whether the NRC staff’s 

review of the application has been 

adequate to support findings to be made 

by the Director of the Office of Nuclear 

Materials Safety and Safeguards, with 

respect to the matters set forth in 

paragraph C of this section, and (2) 

whether the review conducted by the 

NRC staff pursuant to 10 CFR part 51 

has been adequate. 

E. Regardless of whether the 

proceeding is contested or uncontested, 

the Board will, in its initial decision, in 

accordance with subpart A of 10 CFR 

part 51: Determine whether the 

requirements of sections 102(2)(A), (C), 

and (E) of NEPA and subpart A of 10 

CFR part 51 have been complied with in 

the proceeding; independently consider 

61412 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 

the final balance among conflicting 

factors contained in the record of 

proceeding with a view to determining 

the appropriate action to be taken; and 

determine whether a license should be 

issued, denied, or conditioned to protect 

the environment. 

F. If the proceeding becomes a 

contested proceeding, the Board shall 

make findings of fact and conclusions of 

law on admitted contentions. With 

respect to matters set forth in paragraph 

C of this section but not covered by 

admitted contentions, the Board will 

make the determinations set forth in 

paragraph D without conducting a de 

novo evaluation of the application. 

G. By December 17, 2004, any person 

whose interest may be affected by this 

proceeding and who wishes to 

participate as a party in the proceeding 

must file a written petition for leave to 

intervene. Petitions for leave to 

intervene shall be filed in accordance 

with the provisions of 10 CFR 2.309. 

Interested persons should consult 10 

CFR part 2, section 2.309, which is 

available at the NRC’s PDR, located at 

One White Flint North, 11555 Rockville 

Pike (first floor), Rockville, MD (or call 

the PDR at (800) 397–4209 or (301) 415–

4737). NRC regulations are also 

accessible electronically from the NRC’s 

Electronic Reading Room on the NRC 

Web site at http://www.nrc.gov. If a 

petition for leave to intervene is filed by 

the above date, the Commission will 

issue an order determining standing and 

refer petitions from persons with the 

requisite standing to the Board for 

further processing in the proceeding. 

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 

must provide the name, address, and 

telephone number of the petitioner and 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the petitioner’s 

right under the Act to be made a party 

to the proceeding; (2) the nature and 

extent of the petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any order that may be entered in the 

proceeding on the petitioner’s interest. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the petitioner must provide 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

in response to USEC’s application. The 

petition must also include a concise 

statement of the alleged facts or expert 

opinions which support the position of 

the petitioner and on which the 

petitioner intends to rely at hearing, 

together with references to the specific 

sources and documents on which the 

petitioner intends to rely. Finally, the 

petition must provide sufficient 

information to show that a genuine 

dispute exists with the applicant on a 

material issue of law or fact, including 

references to specific portions of the 

application that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that 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 petitioner’s belief. Each 

contention must be one that, if proven, 

would entitle the petitioner to relief. 

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 and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Board will set the time and place 

for any prehearing conferences and 

evidentiary hearings, and the respective 

notices will be published in the Federal 

Register. 

A petition for leave to intervene and 

proffered contentions must be filed 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; (2) courier, express 

mail, and expedited delivery services: 

Office of the Secretary, Sixteenth Floor, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852, 

Attention: Rulemaking and 

Adjudications Staff; (3) e-mail 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

HEARINGDOCKET@nrc.gov; or (4) 

facsimile transmission addressed to the 

Office of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC, Attention: Rulemaking and 

Adjudications Staff at (301) 415–1101, 

verification number is (301) 415–1966. 

A copy of the petition for leave to 

intervene and proffered contentions 

should also be sent to the Office of the 

General Counsel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, and it is requested that 

copies be transmitted either by means of 

facsimile transmission to (301) 415–

3725 or by e-mail to 

OGCMailCenter@nrc.gov. A copy of the 

petition for leave to intervene and 

proffered contentions should also be 

sent to Donald J. Silverman, Esq., 

Morgan, Lewis & Bockius, 1111 

Pennsylvania Avenue, NW., 

Washington, DC 20004, the attorney for 

the applicant. 

Non-timely filings of petitions for 

leave to intervene, amended petitions, 

and supplemental petitions will not be 

entertained absent a determination by 

the Commission or the Board that the 

petition should be granted, based upon 

a balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

H. A State, county, municipality, 

federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as an 

interested entity under 10 CFR 

2.309(d)(2). 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 December 17, 2004. The petition 

must be filed in accordance with the 

filing instructions in paragraph G, 

above, for petitions submitted under 10 

CFR 2.309, except that State and 

federally-recognized Indian tribes do 

not need to address the standing 

requirements in 10 CFR 2.309(d)(1) if 

the facility is located within its 

boundaries. The entities listed above 

could also seek to participate in a 

hearing as a nonparty pursuant to 10 

CFR 2.315(c).

I. Any person who does not wish, or 

is not qualified, to become a party to 

this proceeding may request permission 

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 such 

limits and conditions as may be 

imposed by the Board. Persons desiring 

to make a limited appearance are 

requested to inform the Secretary of the 

Commission by December 17, 2004. 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 61413

1The Commission believes that, in the 

appropriate circumstances, allowing discovery or 

an evidentiary hearing with respect to safety-related 

issues to proceed before the final SER is issued will 

serve to further the Commission’s objective, as 

reflected in the Statement of Policy on Conduct of 

Adjudicatory Proceedings, CLI–98–12, supra, to 

ensure a fair, prompt, and efficient resolution of 

contested issues. For example, it may be 

appropriate for the Board to permit discovery 

against the staff and/or the commencement of an 

evidentiary hearing with respect to safety issues 

prior to the issuance of the final SER in cases where 

the applicant has responded to the Staff’s ‘‘open 

items’’ and there is an appreciable lag time until the 

issuance of the final SER, or in cases where the 

initial SER identifies only a few open items.

2This schedule assumes that the SER and FEIS 

are issued essentially at the same time. If these 

documents are not to be issued very close in time, 

the Board should adopt separate schedules but 

concurrently running for the safety and 

environmental reviews consistent with the 

timeframes herein for each document.

III. Commission Guidance 

A. Presiding Officer Determination of 

Contentions 

The presiding officer shall issue a 

decision on the admissibility of 

contentions no later than sixty (60) days 

after the petitions and contentions are 

referred to the Board. 

B. Novel Legal Issues 

If rulings on petitions, on 

admissibility of contentions or the 

admitted contentions themselves, raise 

novel legal or policy questions, the 

Commission will provide early guidance 

and direction on the treatment and 

resolution of such issues. Accordingly, 

the Commission directs the Board to 

promptly certify to the Commission in 

accordance with 10 CFR 2.319(l) and 

2.323(f) all novel legal or policy issues 

that would benefit from early 

Commission consideration should such 

issues arise in this proceeding. 

C. Discovery Management 

(1) All parties, except the NRC staff, 

shall make the mandatory disclosures 

required by 10 CFR 2.704 within fortyfive (45) days of the issuance of the 

order admitting that contention. 

(2) The presiding officer, consistent 

with fairness to all parties, should 

narrow the issues requiring discovery 

and limit discovery to no more than one 

round for admitted contentions. 

(3) All discovery against the Staff 

shall be governed by 10 CFR 2.336(b) 

and 2.709. The Staff shall comply with 

10 CFR 2.336(b) no later than 30 days 

after the Board order admitting 

contentions and shall update the 

information at the same time as the 

issuance of the SER or the Final 

Environmental Impact Statement (FEIS). 

Discovery under 10 CFR 2.709 shall not 

commence until the issuance of the 

particular document, i.e., SER or EIS, 

unless the Board, in its discretion, finds 

that commencing discovery against the 

Staff on safety issues before the SER is 

issued, or on environmental issues 

before the FEIS is issued will expedite 

the hearing without adversely impacting 

the Staff’s ability to complete its 

evaluation in a timely manner. 

(4) No later than 30 days before the 

commencement of the hearing at which 

an issue is to be presented, all parties 

other than the Staff shall make the 

pretrial disclosures required by 10 CFR 

2.704(c). 

D. Hearing Schedule 

In the interest of providing a fair 

hearing, avoiding unnecessary delays in 

NRC’s review and hearing process, and 

producing an informed adjudicatory 

record that supports the licensing 

determination to be made in this 

proceeding, the Commission expects 

that both the Board and NRC staff, as 

well as the applicant and other parties 

to this proceeding, will follow the 

applicable requirements contained in 10 

CFR part 2 and guidance in the 

Commission’s Statement of Policy on 

Conduct of Adjudicatory Proceedings, 

CLI–98–12, 48 NRC 18 (1998) [63 FR 

41872 (August 5, 1998)] to the extent 

that such guidance is not inconsistent 

with specific guidance in this Order. 

The guidance in the Statement of Policy 

on Conduct of Adjudicatory Proceedings 

is intended to improve the management 

and the timely completion of the 

proceeding and addresses hearing 

schedules, parties’ obligations, 

contentions and discovery management. 

In addition, the Commission is 

providing the following direction for 

this proceeding:

(1) The Commission directs the Board 

to set a schedule for the hearing in this 

proceeding consistent with this order 

that establishes as a goal the issuance of 

a final Commission decision on the 

pending application within two-andone-half years (30 months) from the date 

that the application was received. 

Formal discovery against the Staff shall 

be suspended until after the Staff 

completes its final SER and EIS in 

accordance with the direction provided 

in paragraph C.(3) above. 

(2) The evidentiary hearing with 

respect to issues should commence 

promptly after completion of the final 

Staff documents (SER or EIS) unless the 

Board, in its discretion, finds that 

starting the hearing with respect to one 

or more safety issues prior to issuance 

of the final SER1 (or one or more 

environmental contentions directed to 

the applicant’s Environmental Report) 

will expedite the proceeding without 

adversely impacting the Staff’s ability to 

complete its evaluations in a timely 

manner.

(3) The Commission also believes that 

issuing a decision on the pending 

application within about two-and-onehalf years may be reasonably achieved 

under the rules of practice contained in 

10 CFR part 2 and the enhancements 

directed by this order. We do not expect 

the Board to sacrifice fairness and sound 

decision-making to expedite any hearing 

granted on this application. We do 

expect the Board to use the techniques 

specified in this order and in the 

Commission’s policy statement on the 

conduct of adjudicatory proceedings 

(CLI–98–12, supra) to ensure prompt 

and efficient resolution of contested 

issues. See also Statement of Policy on 

Conduct of Licensing Proceedings, CLI–

81–8, 13 NRC 452 (1981). 

(4) If this is a contested proceeding, 

the Board should adopt the following 

milestones, in developing a schedule, 

for conclusion of significant steps in the 

adjudicatory proceeding.2

Within 10 days of Commission’s order determining standing ............. Persons found to have standing or entities participating under 10 

CFR 2.309(d) may submit a motion for order reconsideration (see 

below, at Section IV.B).* 

Within 20 days of Commission’s order determining standing ............. Persons found to have standing or entities participating under 10 

CFR 2.309(d) may respond to any motion for reconsideration. 

Within 60 days of Commission’s order determining standing and referring petitions and contentions to the ASLB.ASLB decision on admissibility of contentions. 

Within 30 days of the ASLB decision determining admission of contentions.Staff prepares hearing file. 

Within 90 days of the ASLB decision determining admission of contentions.Completion of discovery on admitted contentions, except against the 

Staff (including contentions on environmental issues arising 

under NEPA). 

61414 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 

Within 110 days of the ASLB decision determining admission of 

contentions.

Deadline for summary disposition motions on admitted contentions.** 

Within 150 days of the ASLB decision determining admission of 

contentions.

ASLB decision on summary disposition motions on admitted contentions. 

Date of issuance of final SER/EIS ........................................................... Staff updates hearing file. 

Within 20 days of the issuance of the final SER/EIS ............................ Motions to amend contentions; motions for late-filed contentions. 

Within 40 days of the issuance of the final SER/EIS ............................ Completion of answers and replies to motions for amended and latefiled contentions. 

Within 50 days of the issuance of the final SER/EIS ............................ ASLB decision on admissibility of late-filed contentions; deadline 

for summary disposition motions on remaining admitted contentions.*** 

Within 80 days of the issuance of the final SER/EIS ............................ Completion of discovery on late-filed contentions; ASLB decision 

on summary disposition motions on remaining contentions. 

Within 90 days of the issuance of the final SER/EIS ............................ Direct testimony filed on remaining contentions and any amended 

or admitted late-filed contentions. 

Within 100 days of the issuance of the final SER/EIS .......................... Cross-examination plans filed on remaining contentions and any 

amended or admitted late-filed contentions. 

Within 105 days of the issuance of the final SER/EIS .......................... Evidentiary hearing begins on remaining contentions and any 

amended or admitted late-filed contentions. 

Within 135 days of the issuance of the final SER/EIS .......................... Completions of evidentiary hearing on remaining contentions and 

any amended or admitted late-filed of final contentions. 

Within 180 days of the issuance of the final SER/EIS .......................... Completion of findings and replies. 

Within 240 days of the issuance of the final SER/EIS .......................... ASLB’s initial decision. 

* Motions for reconsideration do not stay this schedule. 

** The schedule presumes that a prehearing conference order would establish the deadline for filing of summary disposition motions 20 

days after close of discovery, consistent with 10 CFR 2.710(a), answers to be filed 10 days after filing of any motion, replies to be filed 10 

days after any answer, and the Board to issue a decision on any summary disposition motion 20 days thereafter. 

*** No summary disposition motions on late-filed contentions are contemplated. 

To meet these milestones, the Board 

should direct the participants to serve 

all filings by electronic mail (in order to 

be considered timely, such filings must 

be received by the Board and parties no 

later than midnight eastern time on the 

date due, unless otherwise designated 

by the Board), followed by conforming 

hard copies that may be sent by regular 

mail. If participants do not have access 

to electronic mail, the Board should 

adopt other expedited methods of 

service, such as express mail, which 

would ensure receipt on the due date 

(‘‘in-hand’’). If pleadings are filed by 

electronic mail, or other expedited 

methods of service which would ensure 

receipt on the due date, the additional 

period provided in our regulations for 

responding to filings served by firstclass mail or express delivery shall not 

be applicable. See 10 CFR 2.306. 

In addition, to avoid unnecessary 

delays in the proceeding, the Board 

should not grant requests for extensions 

of time absent unavoidable and extreme 

circumstances. Although summary 

disposition motions are included in the 

schedule above, the Board shall not 

entertain motions for summary 

disposition under 10 CFR 2.710, unless 

the Board finds that such motions are 

likely to expedite the proceeding. 

Unless otherwise justified, the Board 

shall provide for the simultaneous filing 

of answers to proposed contentions, 

responsive pleadings, proposed findings 

of fact, and other similar submittals. 

(5) Parties are obligated in their filings 

before the Board and the Commission to 

ensure that their arguments and 

assertions are supported by appropriate 

and accurate references to legal 

authority and factual basis, including, as 

appropriate, citation to the record. 

Failure to do so may result in material 

being stricken from the record or, in 

extreme circumstances, in a party being 

dismissed from the proceeding. 

(6) The Commission directs the Board 

to inform the Commission promptly, in 

writing, if the Board determines that any 

single milestone could be missed by 

more than 30 days. The Board must 

include an explanation of why the 

milestone cannot be met and the 

measures the Board will take to mitigate 

the failure to achieve the milestone and 

restore the proceeding to the overall 

schedule.

E. Commission Oversight 

As in any proceeding, the 

Commission retains its inherent 

supervisory authority over the 

proceeding to provide additional 

guidance to the Board and participants 

and to resolve any matter in controversy 

itself. 

IV. Applicable Requirements 

A. The Commission will license and 

regulate byproduct, source, and special 

nuclear material at the American 

Centrifuge Plant in accordance with the 

Atomic Energy Act of 1954, as amended. 

Section 274c.(1) of the Act was 

amended by Public Law 102–486 

(October 24, 1992) to require the 

Commission to retain authority and 

responsibility for the regulation of 

uranium enrichment facilities. 

Therefore, in compliance with law, the 

Commission will be the sole licensing 

and regulatory authority with respect to 

byproduct, source, and special nuclear 

material for the American Centrifuge 

Plant, and with respect to the control 

and use of any equipment or device in 

connection therewith. 

Many rules and regulations in 10 CFR 

chapter I are applicable to the licensing 

of a person to receive, possess, use, 

transfer, deliver, and process byproduct, 

source and special nuclear material in 

the quantities that would be possessed 

at the American Centrifuge Plant. These 

include 10 CFR parts 19, 20, 21, 30, 40, 

51, 70, 71, 73, 74, 95, 140, 170, and 171 

for the licensing and regulation of 

byproduct, source, and special nuclear 

material, including requirements for 

notices to workers, reporting of defects, 

radiation protection, waste disposal, 

decommissioning funding, and 

insurance. 

With respect to these regulations, the 

Commission notes that this is the third 

proceeding involving the licensing of an 

enrichment facility. The Commission 

issued a number of decisions in an 

earlier proceeding regarding a proposed 

site in Homer, Louisiana. These final 

decisions, Louisiana Energy Services

(Clairborne Enrichment Center), CLI–

92–7, 35 NRC 93 (1992); Louisiana 

Energy Services (Clairborne Enrichment 

Center), CLI–97–15, 46 NRC 294 (1997); 

and Louisiana Energy Services

(Clairborne Enrichment Center), CLI–

98–3, 47 NRC 77 (1998); resolve a 

number of issues concerning uranium 

enrichment licensing and may be relied 

upon as precedent. 

Consistent with the Act, and the 

Commission’s regulations, the 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 61415

Commission is providing the following 

direction for licensing uranium 

enrichment facilities: 

1. Environmental Issues

(a) General: 10 CFR part 51 governs 

the preparation of an environmental 

report and an EIS for a materials license. 

USEC’s environmental report and the 

NRC staff’s associated EIS are to include 

a statement on the alternatives to the 

proposed action, including a discussion 

of the no-action alternative. 

(b) Treatment of depleted uranium 

hexafluoride tails: As to the treatment of 

the disposition of depleted uranium 

hexafluoride tails (depleted tails) in 

these environmental documents, unless 

USEC demonstrates a use for uranium in 

the depleted tails as a potential 

resource, the depleted tails will be 

considered waste. An approach for 

disposition of tails that is consistent 

with section 3113 of the USEC 

Privatization Act constitutes a 

‘‘plausible strategy’’ for disposition of 

the USEC depleted tails. The 

Commission is considering matters of 

law applicable to disposition of tails 

which may be dispositive of matters 

arising in a USEC proceeding. See 

Louisiana Energy Services (National 

Enrichment Facility), CLI–04–25, slip 

op. at 5 (Aug. 18, 2004). The NRC staff 

may consider the DOE EIS in preparing 

the staff’s EIS. Alternatives for the 

disposition of depleted uranium tails 

will need to be addressed in these 

documents. As part of the licensing 

process, USEC must also address the 

health, safety, and security issues 

associated with the storage of depleted 

uranium tails on site pending removal 

of the tails from the site for disposal or 

DOE dispositioning. 

2. Financial Qualifications

Review of financial qualifications for 

enrichment facility license applications 

is governed by 10 CFR part 70. In 

Louisiana Energy Services (Clairborne 

Enrichment Center), CLI–97–15, 46 NRC 

294, 309 (1997) the Commission held 

that the 10 CFR part 70 financial 

criteria, 10 CFR 70.22(a)(8) and 

70.23(a)(5), could be met by 

conditioning the LES license to require 

funding commitments to be in place 

prior to construction and operation. The 

specific license condition approved in 

that proceeding, which addressed a 

minimum equity contribution of 30% 

from the parents and affiliates of LES 

partners prior to construction of the 

associated capacity and having in place 

long term enrichment contracts with 

prices sufficient to cover both 

construction and operating costs, 

including a return on investment, for 

the entire term of the contracts prior to 

constructing or operating the facility is 

one way to satisfy the requirements of 

10 CFR part 70. 

3. Antitrust Review

The USEC enrichment facility is 

subject to sections 53 and 63 of the Act, 

and is not a production and utilization 

facility licensed under section 103. 

Consequently, the NRC does not have 

antitrust responsibilities for USEC 

similar to the antitrust responsibilities 

under section 105 of the Act. The NRC 

will not entertain or consider antitrust 

issues in connection with the USEC 

application in this proceeding. 

4. Foreign Ownership

Section 193(f) of the Act addresses 

foreign ownership, control and 

domination of enrichment facilities with 

regard to USEC and its successors. The 

requirements of section 193(f) are 

incorporated in 10 CFR 70.40.

5. Creditor Requirements

Pursuant to section 184 of the Act, the 

creditor regulations in 10 CFR 50.81 

shall apply to the creation of creditor 

interests in equipment, devices, or 

important parts thereof, capable of 

separating the isotopes of uranium or 

enriching uranium in the isotope U–

235. In addition, the creditor regulations 

in 10 CFR 70.44 shall apply to the 

creation of creditor interests in special 

nuclear material. These creditor 

regulations may be augmented by 

license conditions as necessary to allow 

ownership arrangements (such as sale 

and leaseback) not covered by 10 CFR 

50.81, provided it can be found that 

such arrangements are not inimical to 

the common defense and security of the 

United States. 

6. Classified Information

All matters of classification of 

information related to the design, 

construction, operation, and 

safeguarding of the American Centrifuge 

Plant shall be governed by classification 

guidance in ‘‘DOE Classification Guide 

for Isotope Separation by the Gas 

Centrifuge Process (CG–IGC–1)’’ (June 

2002) and any later versions. Any 

person producing such information 

must adhere to the criteria in CG–IGC–

1. All decisions on questions of 

classification or declassification of 

information shall be made by 

appropriate classification officials in the 

NRC and are not subject to de novo 

review in this proceeding. 

7. Access to Classified Information

Portions of USEC’s application for a 

license are classified Restricted Data or 

National Security Information. Persons 

needing access to those portions of the 

application will be required to have the 

appropriate security clearance for the 

level of classified information to which 

access is required. Access requirements 

apply equally to intervenors, their 

witnesses and counsel, employees of the 

applicant, its witnesses and counsel, 

NRC personnel, and others. Any person 

who believes that he or she will have a 

need for access to classified information 

for the purpose of this licensing 

proceeding, including the hearing, 

should immediately contact the NRC, 

Division of Fuel Cycle Safety and 

Safeguards, Washington, DC 20555, for 

information on the clearance process. 

Telephone calls may be made to Linda 

Marshall, Licensing Assistant, Special 

Projects Branch. Telephone: (301) 415–

8129. 

8. Obtaining NRC Security Facility 

Approval and for Safeguarding 

Classified Information Received or 

Developed Pursuant to 10 CFR Part 95

Any person who requires possession 

of classified information in connection 

with the licensing proceeding may 

process, store, reproduce, transmit, or 

handle classified information only in a 

location for which facility security 

approval has been obtained from the 

NRC’s Division of Nuclear Security 

(NSIR), Washington, DC 20555. 

Telephone calls may be made to A. 

Lynn Silvious, Chief, Information 

Security Section. Telephone: (301) 415–

2214. 

B. Reconsideration 

The above guidance does not 

foreclose the applicant, any person 

admitted as a party to the hearing, or an 

entity participating under 10 CFR 

2.315(c) from litigating material factual 

issues necessary for resolution of 

contentions in this proceeding. Persons 

found by the Commission to have 

standing and entities participating 

under 10 CFR 2.315(c) as of the date of 

the Commission’s order on standing 

may also move the Commission to 

reconsider any portion of Section IV of 

this Notice and Commission Order 

where there is no clear Commission 

precedent or unambiguously governing 

statutes or regulations. Any motion to 

reconsider must be filed within 10 days 

after the Commission’s order on 

standing. The motion must contain all 

technical or other arguments to support 

the motion. Other persons granted 

standing and entities participating 

under 10 CFR 2.315(c), including the 

applicant and the NRC staff, may 

respond to motions for reconsideration 

within 20 days of the Commission’s 

Order. Motions will be ruled upon by 

the Commission. A motion for 

reconsideration does not stay the 

schedule set out above in section 

III.D.(4). However, if the Commission 

grants a motion for reconsideration, it 

will, as necessary, provide direction on 

adjusting the hearing schedule. 

61416 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 

V. Pending Energy Legislation 

The Energy Policy Act of 2003, H.R. 

6, is currently pending in Congress. H.R. 

6, as currently constituted, contains 

provisions that address the manner in 

which certain issues are to be dealt with 

and a schedule for overall Commission 

consideration of an application for 

licensing an uranium enrichment 

facility. In the event that H.R. 6 is 

enacted, the Commission may need to 

issue an additional order to conform 

guidance and schedules for the USEC 

application to any new statutory 

requirements. 

VI. Notice of Intent Regarding 

Classified Information 

As noted above, a hearing on this 

application will be governed by 10 CFR 

part 2, subparts A, C, G, and to the 

extent classified material becomes 

involved, subpart I. Subpart I requires in 

accordance with 10 CFR 2.907 that the 

NRC staff file a notice of intent if, at the 

time of publication of Notice of Hearing, 

it appears that it will be impracticable 

for the staff to avoid the introduction of 

Restricted Data or National Security 

Information into a proceeding. The 

applicant has submitted portions of its 

application that are classified. The 

Commission notes that, since the entire 

application becomes part of the record 

of the proceeding, the NRC staff has 

found it impracticable for it to avoid the 

introduction of Restricted Data of 

National Security Information into the 

proceeding. 

It is so ordered.

Dated at Rockville, Maryland, this 7th day 

of October, 2004.

For the Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission.

[FR Doc. 04–23238 Filed 10–15–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Nuclear 

Waste; Procedures for Meetings 

Background 

This notice describes procedures to be 

followed with respect to meetings 

conducted pursuant to the Federal 

Advisory Committee Act by the Nuclear 

Regulatory Commission’s (NRC’s) 

Advisory Committee on Nuclear Waste 

(ACNW). These procedures are set forth 

so that they may be incorporated by 

reference in future notices for 

individual meetings. 

The ACNW advises the NRC on 

technical issues related to nuclear 

materials and waste management. The 

bases of ACNW reviews include 10 CFR 

parts 20, 60, 61, 63, 70, 71, and 72 and 

other applicable regulations and 

legislative mandates, such as the 

Nuclear Waste Policy Act as amended, 

the Low-Level Radioactive Waste Policy 

Act and amendments, and the Uranium 

Mill Tailings Radiation Control Act, as 

amended. The Committee’s reports 

become a part of the public record. 

The ACNW meetings are normally 

open to the public and provide 

opportunities for oral or written 

statements from members of the public 

to be considered as part of the 

Committee’s information gathering 

process. The meetings are not 

adjudicatory hearings such as those 

conducted by the NRC’s Atomic Safety 

and Licensing Board Panel as part of the 

Commission’s licensing process. ACNW 

meetings are conducted in accordance 

with the Federal Advisory Committee 

Act. 

General Rules Regarding ACNW Full 

Committee Meetings 

An agenda will be published in the 

Federal Register for each full 

Committee meeting and is available on 

the Internet at http://www.nrc.gov/

reading-rm/doc-collections/ (ACRS & 

ACNW Mtg schedules/agendas). There 

may be a need to make changes to the 

agenda to facilitate the conduct of the 

meeting. The Chairman of the 

Committee is empowered to conduct the 

meeting in a manner that, in his/her 

judgment, will facilitate the orderly 

conduct of business, including making 

provisions to continue the discussion of 

matters not completed on the scheduled 

day during another meeting. Persons 

planning to attend a meeting may 

contact the Designated Federal Official 

(DFO) specified in the individual 

Federal Register Notice prior to the 

meeting to be advised of any changes to 

the agenda that may have occurred. 

The following requirements shall 

apply to public participation in ACNW 

meetings: 

(a) Persons who plan to make oral 

statements and/or submit written 

comments at the meeting should 

provide 35 copies to the DFO at the 

beginning of the meeting. Persons who 

cannot attend the meeting but wishing 

to submit written comments regarding 

the agenda items may do so by sending 

a readily reproducible copy addressed 

to the DFO specified in the Federal 

Register Notice for the individual 

meeting in care of the Advisory 

Committee on Nuclear Waste, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Comments should be in the possession 

of the DFO five days prior to the 

meeting to allow time for reproduction 

and distribution. Comments should be 

limited to topics being considered by 

the Committee. 

(b) Persons desiring to make oral 

statements at the meeting should make 

a request to do so to the DFO. If 

possible, the request should be made 

five days before the meeting, identifying 

the topics to be discussed and the 

amount of time needed for presentation 

so that orderly arrangements can be 

made. The Committee will hear oral 

statements on topics being reviewed at 

an appropriate time during the meeting 

as scheduled by the Chairman. 

(c) Information regarding topics to be 

discussed, changes to the agenda, 

whether the meeting has been canceled 

or rescheduled, and the time allotted to 

present oral statements can be obtained 

by contacting the DFO specified in the 

individual Federal Register Notice. 

(d) The use of still, motion picture, 

and television cameras will be 

permitted at the discretion of the 

Chairman and subject to the condition 

that the use of such equipment will not 

interfere with the conduct of the 

meeting. The DFO will have to be 

notified prior to the meeting and will 

authorize the use of such equipment 

after consultation with the Chairman. 

The use of such equipment will be 

restricted as is necessary to protect 

proprietary or privileged information 

that may be in documents, folders, etc., 

in the meeting room. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. 

(e) A transcript will be kept for certain 

open portions of the meeting and will be 

available in the NRC Public Document 

Room (PDR), One White Flint North, 

Room O–1F21, 11555 Rockville Pike, 

Rockville, MD 20852–2738. A copy of 

the certified minutes of the meeting will 

be available at the same location three 

months following the meeting. Copies 

may be obtained upon payment of 

appropriate reproduction charges. 

ACNW meeting agenda, transcripts, and 

letter reports are available through the 

NRC Public Document Room at 

pdr@nrc.gov, by calling the PDR at 1–

800–394–4209, or from the Publicly 

Available Records System (PARS) 

component of NRC’s document system 

(ADAMS) which is accessible from the 

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

reading-rm/adams.html or http://

www.nrc.gov/reading-rm/doccollections/ (ACRS & ACNW Mtg 

schedules/agendas). 

(f) Video teleconferencing service is 

available for observing open sessions of 

some ACNW meetings. Those wishing