Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 5873

NATIONAL SCIENCE FOUNDATION

Proposal Review Panel for Materials 

Research; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92–

463 as amended), the National Science 

Foundation announces the following 

meeting:

Name: Proposal Review Panel for Materials 

Research (DMR) #1203. 

Dates & Times: February 18, 2004; 7:30 

a.m.–6 p.m. (open 10–12, 1–4:45). February 

19, 2004; 8 a.m.–5 p.m. (open 9:30–11). 

Place: University of California at Santa 

Barbara, CA. 

Type of Meeting: Part open. 

Contact Person: Dr. Thomas Riekier, 

Program Director, Materials Research Science 

and Engineering Centers, Division of 

Materials Research, Room 1065, National 

Science Foundation, 4201 Wilson Boulevard, 

Arlington, VA 22230, telephone (703) 292–

4914. 

Purpose of Meeting: To provide advice and 

recommendations concerning progress of 

Materials Research Science and Engineering 

Center for future funding decisions. 

Agenda: February 18, 2004—Open to 

review and evaluate progress of Materials 

Research Science and Engineering Center. 

Reason for Closing: The work being 

reviewed may include information; financial 

data, such as salaries and personal 

information concerning individuals 

associated with the proposals. These matters 

are exempt under 5 U.S.C. 552b(c), (4) and 

(6) of the Government in the Sunshine Act.

Dated: February 3, 2004. 

Susanne Bolton, 

Committee Management Officer.

[FR Doc. 04–2587 Filed 2–5–04; 8:45 am] 

BILLING CODE 7555–01–M

NATIONAL SCIENCE FOUNDATION

Proposal Review Panel for Materials 

Research; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92–

463 as amended), the National Science 

Foundation announces the following 

meeting:

Name: Proposal Review Panel for Materials 

Research (DMR) #1203. 

Dates & Times: March 3, 2004; 8 a.m.—6 

p.m. (open 10:45–12, 1:15–4:30). March 4, 

2004; 8 a.m.—4 p.m. (open 9:45–10:45). 

Place: Pennsylvania State University, 

University Park, PA. 

Type of Meeting: Part open. 

Contact Person: Dr. Ulrich Strom, Program 

Director, Materials Research Science and 

Engineering Centers, Division of Materials 

Research, Room 1065, National Science 

Foundation, 4201 Wilson Boulevard, 

Arlington, VA 22230, telephone (703) 292–

4938. 

Purpose of Meeting: To provide advice and 

recommendations concerning progress of 

Materials Research Science and Engineering 

Center and future funding decisions. 

Agenda: March 3, 2004—Open for 

Director’s overview of Materials Research 

Science and Engineering Center and 

presentations. March 4, 2004—Closed to 

review and evaluate progress of Materials 

Research Science and Engineering Center. 

Reason for Closing: The work being 

reviewed may include information of a 

proprietary or confidential nature, including 

technical information; financial data, such as 

salaries and personal information concerning 

individuals associated with the proposals. 

These matters are exempt under 5 U.S.C 

552b(c), (4) and (6) of the Government in the 

Sunshine Act.

Dated: February 3, 2004. 

Susanne Bolton, 

Committee Management Officer.

[FR Doc. 04–2588 Filed 2–5–04; 8:45 am] 

BILLING CODE 7555–01–M

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–3103; CLI–04–03] 

In the Matter of Louisiana Energy 

Services, L.P. (National Enrichment 

Facility); 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., 

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 

December 15, 2003, an application, 

safety analysis report, and 

environmental report from Louisiana 

Energy Services, L.P. (LES), for a license 

to possess and use source, byproduct, 

and special nuclear material and to 

enrich natural uranium to a maximum 

of 5 percent U–235 by the gas centrifuge 

process. The plant, to be known as the 

National Enrichment Facility (or NEF), 

would be constructed in Eunice, New 

Mexico. LES is a limited Partnership 

whose general Partners are Urenco 

Investments, Inc. (a subsidiary of 

Urenco, Ltd.) and Westinghouse 

Enrichment Company. In addition, there 

are six limited Partners. 

Copies of LES’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/NRC/

ADAMS/index.htm, where the accession 

number for LES’s application (including 

LES’s safety analysis report and LES’s 

environmental report) is ML040020261; 

or (3) contact the NRC’s Public 

Document Room (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 LES’s 

application for docketing and 

accordingly is providing this notice of 

hearing and notice of opportunity to 

intervene on LES’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 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 

LES, and transcripts of prehearing 

conferences and hearings (except for 

portions thereof subject to withholding 

from public inspection in accordance 

with 10 CFR 2.390) will be similarly 

made available to the public. 

If following the hearing, the 

Commission is satisfied that LES 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 

5874 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 

1By its terms, the new 10 CFR part 2 applies to 

licensing actions the notice of hearing for which 

was issued on or after the effective date of the new 

rule, February 13, 2004. See 69 FR 2182. By this 

order, the Commission directs the application of the 

new 10 CFR part 2 for the LES Proceeding. 

Accordingly, references in this Notice and Order are 

to the new 10 CFR part 2.

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 National 

Enrichment Facility; and (2) the 

construction and operation of the 

National Enrichment Facility. Prior to 

commencement of operations of the 

National Enrichment Facility 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 Atomic Energy Act of 

1954, as amended (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 new 10 CFR part 2, 

subparts A, C, G, and to the extent that 

classified information becomes 

involved, subpart I (final rule published 

at 69 FR 2182, January 14, 2004).1 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 part 51: 

Determine whether the requirements of 

sections 102(2) (A), (C), and (E) of NEPA 

and Subpart A of part 51 have been 

complied with in the proceeding; 

independently consider 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 April 6, 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 the 

new 10 CFR part 2, section 2.309 (69 FR 

2182, 2238), 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 Atomic Safety 

and Licensing 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 

petition 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 LES’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 with 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 5875

the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff, or 

may be delivered to the Commission’s 

PDR, located at One White Flint North, 

11555 Rockville Pike (first floor), 

Rockville, Maryland, by the above date. 

Because of continuing disruptions in 

delivery of mail to United States 

Government offices, it is requested that 

petitions for leave to intervene and 

requests for hearing be transmitted to 

the Secretary of the Commission either 

by means of facsimile transmission to 

301–415–1101 or by e-mail to 

hearingdocket@nrc.gov. A copy of the 

request for hearing and petition for 

leave to intervene should also be sent to 

the Office of the General Counsel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Associate General Counsel for Hearings, 

Enforcement, and Administration, and 

because of continuing disruptions in 

delivery of mail to United States 

Government offices, 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 request for hearing and 

petition for leave to intervene should 

also be sent to James Curtiss, Esq., 

Winston & Strawn, 1400 L Street, 

Washington, DC 20005–3502, 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 Atomic Safety 

and Licensing 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 April 6, 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). The Commission will 

rule on petitions filed under 10 CFR 

2.309(d)(2). The entities listed above 

could also seek to participate in a 

hearing as a non-party 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 April 6, 2004. 

III. Commission Guidance 

A. Contentions on Environmental 

Justice 

The Commission will make the 

determination as to whether contentions 

associated with environmental justice 

matters will be admitted in this 

proceeding. Parties responding to such 

contentions pursuant to 10 CFR 2.309(h) 

shall submit their answers to the 

Commission’s Secretary as noted above 

with copies to the other parties and 

Board. The Commission itself will rule 

on the admissibility of such contentions 

and provide appropriate guidance on 

the litigation of such contentions. 

B. Presiding Officer Determination of 

Contentions 

For contentions other than 

environmental justice (addressed in 

III.A. above), 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 ASLB. 

C. Novel Legal Issues 

If rulings on the 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.

D. 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 ASLB order admitting 

contentions and shall update the 

information at the same time as the 

issuance of the Safety Evaluation Report 

(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 

ASLB 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 

evaluations 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). 

E. Hearing Schedule 

The Commission believes that a 

reasonably-achievable schedule would 

result in a final NRC decision on the 

pending application within about two 

and a half years of the date the 

application was received, and the 

Commission thus will impose a 30-

month milestone schedule for this 

proceeding. The Commission 

recognizes, however, that legislation 

currently being considered would 

require the NRC to issue decisions on 

new enrichment facility applications 

within two years of receipt of the 

application; consequently, the 

Commission will endeavor to identify 

efficiencies, and provide the pertinent 

resources, to further reduce the time the 

agency needs to complete reviews and 

reach decisions in licensing uranium 

enrichment facilities. 

In the interest of providing a fair 

hearing, avoiding unnecessary delays in 

the 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 directs that 

both the Atomic Safety and Licensing 

Board and the NRC staff, as well as the 

applicant and other parties to this 

proceeding, follow the applicable 

requirements contained in the new 10 

CFR part 2 and the 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. 

5876 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 

2The 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 Licensing 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.

3This schedule assumes that the SER and Final 

EIS 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 time 

frames herein for each document.

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. Consistent with that 

guidance, the Commission directs the 

Licensing Board to expeditiously decide 

legal and policy issues that may resolve 

threshold issues or expedite this 

proceeding. Threshold environmental 

legal and policy issues need not await 

issuance of the final EIS. In addition, 

the Commission is providing the 

following direction for this proceeding:

(1) The Commission directs the 

Licensing 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 and a 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 D.(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 

Licensing Board in its discretion finds 

that starting the hearing with respect to 

one or more safety issues prior to 

issuance of the final SER2 (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 a half 

years may be reasonably achieved under 

the rules of practice contained in the 

new 10 CFR part 2 and the 

enhancements directed by this order. 

We do not expect the Licensing Board 

to sacrifice fairness and sound decisionmaking to expedite any hearing granted 

on this application. We do expect, 

however, the Licensing 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: 3

Within 10 days of the Commission’s order determining standing and 

admission of any environmental justice contentions: 

Persons found to have standing or entities participating under 10 

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

below, at Section IV.B).* 

Within 20 days of the 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 the Commission’s order determining standing and 

referring the petition and contentions to the ASLB: 

ASLB decision on admissibility of remaining 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). 

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 final SER/EIS: Motions to amend contentions; motions for late-filed contentions. 

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

Within 50 days of the issuance of 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 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 final SER/EIS: Direct testimony filed on remaining contentions and any amended 

or admitted late-filed contentions. 

Within 100 days of the issuance of 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 final SER/EIS: Evidentiary hearing begins on remaining contentions and any 

amended or admitted late-filed contentions. 

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

any amended or admitted late-filed contentions. 

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

Within 240 days of the issuance of 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 ASLB to issue a decision on any summary disposition motion 20 days thereafter. 

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

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 5877

To meet these milestones, the 

Licensing 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 Licensing Board and 

parties no later than midnight Eastern 

Time on the date due, unless otherwise 

designated by the Licensing Board), 

followed by conforming hard copies that 

may be sent by regular mail. If 

participants do not have access to 

electronic mail, the Licensing 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 Licensing 

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 

Licensing Board shall not entertain 

motions for summary disposition under 

10 CFR. 2.710, unless the Licensing 

Board finds that such motions are likely 

to expedite the proceeding. Unless 

otherwise justified, the Licensing 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 Licensing 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 

Licensing Board to inform the 

Commission promptly, in writing, if the 

Licensing Board determines that any 

single milestone could be missed by 

more than 30 days. The Licensing Board 

must include an explanation of why the 

milestone cannot be met and the 

measures the Licensing Board will take 

to mitigate the failure to achieve the 

milestone and restore the proceeding to 

the overall schedule. 

F. Commission Oversight 

As in any proceeding, the 

Commission retains its inherent 

supervisory authority over the 

proceeding to provide additional 

guidance to the Licensing 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 National 

Enrichment Facility 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 agency with respect to 

byproduct, source, and special nuclear 

material for the National Enrichment 

Facility, 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 National Enrichment Facility. 

These include 10 CFR parts 19, 20, 21, 

25, 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 

second 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 (Claiborne 

Enrichment Center), CLI–92–7, 35 NRC 

93 (1992); Louisiana Energy Services

(Claiborne Enrichment Center), CLI–97–

15, 46 NRC 294 (1997); and Louisiana 

Energy Services (Claiborne 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 Atomic Energy 

Act of 1954, as amended, and the 

Commission’s regulations, the 

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 environmental impact 

statement (EIS) for a materials license. 

LES’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 

LES demonstrates a use for the uranium 

in the depleted tails as a potential 

resource, the depleted tails may be 

considered waste. In addition, if such 

waste meets the definition of ‘‘waste’’ in 

10 CFR 61.2, the depleted tails are to be 

considered low-level radioactive waste 

within the meaning of 10 CFR part 61 

in which case an approach by LES to 

transfer to DOE for disposal by DOE of 

LES’’ depleted tails pursuant to Section 

3113 of the USEC Privatization Act 

constitutes a ‘‘plausible strategy’’ for 

dispositioning the LES depleted tails. 

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, LES 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. 

(c) Environmental Justice: As to 

environmental justice matters, past 

Commission decisions are relevant 

precedent. These include Louisiana 

Energy Services (Claiborne Enrichment 

center), CLI–98–3, 47 NRC 77 (1998) 

and Private Fuel Storage, L.L.C.

(Independent Spent Fuel Storage 

Installation), CLI–02–20, 56 NRC 147 

(2002) that limit treatment of certain 

issues in NRC proceedings. In addition, 

the Commission notes that it recently 

issued for comment a draft Policy 

Statement on the Treatment of 

Environmental Justice Matters in NRC 

Regulatory and Licensing Actions, 68 

FR 62642 (November 5, 2003). As noted 

above in Section III, the admissibility of 

proffered environmental justice 

contentions will be determined by the 

Commission. 

2. Financial Qualifications 

Review of financial qualifications for 

enrichment facility license applications 

is governed by 10 CFR part 70. In 

Louisiana Energy Services (Claiborne 

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

5878 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 

294, 309 (1997), the Commission held 

that the 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 part 70.

3. Antitrust Review 

The LES enrichment facility is subject 

to licensing pursuant to sections 53 and 

63 of the Atomic Energy Act (Act), and 

is not a production and utilization 

facility licensed under section 103. 

Consequently the NRC does not have 

antitrust responsibilities for LES similar 

to the antitrust responsibilities under 

section 105 of the Act. The NRC will not 

entertain or consider antitrust issues in 

connection with the LES application in 

this proceeding. 

4. Foreign Ownership 

The LES application is governed by 

sections 53 and 63 of the Act, and 

consequently issues of foreign 

involvement shall be determined 

pursuant to section 57 and not section 

103, 104 or 193(f). Section 57 of the Act 

requires, among other things, an 

affirmative finding by the Commission 

that issuance of a license for NEF will 

not be ‘‘inimical to the common defense 

and security.’’

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 component 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 NEF shall be 

governed by classification guidance in 

‘‘Joint NRC/DOE Classification Guide 

for Louisiana Energy Services Gas 

Centrifuge Plant (CG–LCP–1)’’ (1992) 

(Confidential—Restricted data) and any 

later versions. Any person producing 

such information must adhere to the 

criteria in CG–LCP–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 

Pursuant to 10 CFR Part 25 

Portions of LES’ 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 to certain 

classified Third Agency or Foreign 

Government Information may be subject 

to special controls and require the prior 

approval of the Director, Division of 

Nuclear Security, NSIR. 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 U.S. Nuclear 

Regulatory Commission, Division of 

Facilities and Security, ADM, 

Washington, DC 20555, for information 

on the clearance process. Telephone 

calls may be made to Cheryl M. Stone, 

Chief, Security Branch. Telephone: 

(301) 415–7404. 

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.E.(4). However, if the Commission 

grants a motion for reconsideration, it 

will, as necessary, provide direction on 

adjusting the hearing schedule. 

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 a 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 LES 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 the new 

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 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Notices 5879

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 or 

National Security Information into the 

proceeding. 

It is so ordered.

Dated at Rockville, Maryland, this 30th day 

of January, 2004.

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission.

[FR Doc. 04–2550 Filed 2–5–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–03754] 

Notice of Consideration of Amendment 

Request for Decommissioning the ABB 

Prospects, Inc. Site in Windsor, 

Connecticut and Opportunity for a 

Hearing

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice of consideration of 

amendment request for 

decommissioning and opportunity to 

request a hearing. 

FOR FURTHER INFORMATION CONTACT:

Randolph C. Ragland, Jr., Division of 

Nuclear Materials Safety, U.S. Nuclear 

Regulatory Commission, Region I, 475 

Allendale Road, King of Prussia, 

Pennsylvania 19406; telephone (610) 

337–5083; by facsimile transmission to 

(610) 337–5269; or by e-mail to 

rcr1@nrc.gov.

DATES: The agency must receive 

requests for a hearing on or before 

March 8, 2004.

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of a license amendment to 

Materials License No. 06–00217–06, to 

authorize the decommissioning of the 

ABB Prospects, Inc. site in Windsor, 

Connecticut, for unrestricted use. The 

current license expires April 30, 2011. 

By letter dated October 15, 2003, ABB 

Prospects, Inc. submitted an application 

for a license amendment, specifically 

the CE Windsor Site Decommissioning 

Plan (DP), which included a report 

entitled, ‘‘Derivation of the Site-Specific 

Soil DCGLs.’’ The licensee has been 

performing limited decommissioning of 

Building Complexes 2, 5, and 17 at the 

CE Windsor site in accordance with the 

conditions described in License No. 06–

00217–06. Although certain buildings 

and areas on the site are being 

addressed by the U.S. Army Corps of 

Engineers (USACE) under the Formerly 

Utilized Sites Remedial Action Program 

(FUSRAP), the proposed DP is intended 

to provide the decommissioning 

information necessary for site-wide 

license termination and unrestricted 

release. 

The NRC staff has completed its 

initial expanded acceptance review and 

has determined that the licensee’s 

submission is sufficiently complete for 

the NRC staff to initiate a detailed 

technical review of the DP. 

If the NRC approves the DP, the 

approval will be documented in an 

amendment to License No. 06–00217–

06. However, before approving the DP, 

the NRC will have made findings 

required by the Atomic Energy Act of 

1954, as amended, and NRC’s 

regulations. These findings will be 

documented in a Safety Evaluation 

Report and an Environmental 

Assessment. 

II. Opportunity for a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for amendment of a license falling 

within the scope of Subpart L ‘‘Informal 

Hearing Procedures for Adjudication in 

Materials Licensing Proceedings,’’ of 

NRC’s rules and practice for domestic 

licensing proceedings in 10 CFR part 2. 

Any person whose interest may be 

affected by this proceeding may file a 

request for a hearing in accordance with 

10 CFR 2.1205(e). A request for hearing 

must be filed within thirty (30) days of 

the date of publication of this Federal 

Register Notice. 

The request for the hearing must be 

filed with the Office of the Secretary, 

either:

(1) By delivery to the Rulemaking and 

Adjudications Staff of the Office of the 

Secretary of the Commission at One 

White Flint North, 11555 Rockville 

Pike, MD 20852–2738, between the 

hours of 7:45 a.m. and 4:15 p.m., 

Federal workdays; or 

(2) By mail or telegram addressed to 

the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. Attention: Rulemaking and 

Adjudications Staff. Because of 

continuing disruptions in the delivery 

of mail to United States Government 

Offices, hearing requests should also be 

transmitted to the Secretary of the 

Commission either by means of 

facsimile transmission to (301)415–

1101, or by e-mail to 

hearingdocket@nrc.gov.

In accordance with 10 CFR 2.1205(f), 

each request for a hearing must also be 

served, by delivering it personally or by 

mail, to: 

(1) The applicant, ABB Prospects, 

Inc., CEP 880–1403, 2000 Day Hill Road, 

Windsor, CT 06095–0500, Attention: 

John Conant; and 

(2) The NRC staff, by delivery to the 

Office of the General Counsel, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852–2738, 

between the hours of 7:45 a.m. and 4:15 

p.m., Federal workdays, or by mail, 

addressed to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. Because of continuing disruptions 

in the delivery of mail to United States 

Government Offices, hearing requests 

should also be transmitted to the Office 

of General Counsel, either by means of 

facsimile transmission to (301) 415–

3725, or by e-mail to 

OGCMailCenter@nrc.gov.

In addition to meeting other 

applicable requirements of 10 CFR part 

2 of the NRC’s regulations, a request for 

a hearing filed by a person other than 

an applicant must describe in detail: 

(1) The interest of the requestor; 

(2) How the interest may be affected 

by the results of the proceeding, 

including the reasons why the requestor 

should be permitted a hearing, with 

particular reference to the factors set out 

in 10 CFR 2.1205(h); 

(3) The requestor’s areas of concern 

about the licensing activity that is 

subject matter of the proceedings; and 

(4) The circumstances establishing 

that the request for a hearing is timely 

in accordance with 10 CFR 2.1205(d). 

III. Further Information 

In accordance with 10 CFR 2.790 of 

the NRC’s ‘‘Rules of Practice,’’ details 

with respect to this action, including the 

application for amendment, the 

proposed DP, and supporting 

documentation, are available for 

inspection at NRC’s Public Electronic 

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

reading-rm/adams.html (Accession 

Number ML040300149). These 

documents are also available for 

inspection and copying for a fee at the 

Region I Office, 475 Allendale Road, 

King of Prussia, Pennsylvania, 19406. 

Persons who do not have access to 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209 or (301) 415–4737, or by email to pdr@nrc.gov.

Dated at King of Prussia, Pennsylvania, this 

30th day of January, 2004.