[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70300-70304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28974]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 70-7003, 70-7004; NRC-2010-0355]


USEC, Inc.; American Centrifuge Lead Cascade Facility; American 
Centrifuge Plant; Notice of Receipt of a License Transfer Application 
and Consideration of Approval of Application Regarding Proposed 
Corporate Restructuring and Conforming Amendment and Opportunity To 
Provide Comments and Request a Hearing

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of request for written consent to transfer control of 
materials license and opportunity to request a hearing and provide 
written comments.

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DATES: A request for a hearing must be filed by December 7, 2010.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2010-0355 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC Web site and on the Federal rulemaking Web site 
Regulations.gov. Because your comments will not be edited, to remove

[[Page 70301]]

any identifying or contact information the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0355. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#723113001d1e5c35131e1e13151a1700321c00115c151d04"><span class="__cf_email__" data-cfemail="9eddffecf1f2b0d9fff2f2fff9f6fbecdef0ecfdb0f9f1e8">[email protected]</span></a>.
    Mail comments to: Cindy Bladey, Chief, Rules, Announcements and 
Directives Branch (RADB), Division of Administrative Services, Office 
of Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, or by fax to RADB at 301-492-
3446.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine, and have 
copied for a fee, publicly available documents at the NRC's PDR, Public 
File Area O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#98e8fceab6eafdebf7edeafbfdd8f6eafbb6fff7ee"><span class="__cf_email__" data-cfemail="abdbcfd985d9ced8c4ded9c8ceebc5d9c885ccc4dd">[email protected]</span></a>. The USEC Inc.'s Request for Written NRC Consent 
to Transfer Control of Material Licenses SNM-7003 and SNM-2011, for the 
American Centrifuge Lead Cascade Facility and the American Centrifuge 
Plant, respectively, is available electronically under ADAMS Accession 
Numbers ML102650185 and ML102660382.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2010-0355.

FOR FURTHER INFORMATION CONTACT: Osiris Siurano, Project Manager, 
Uranium Enrichment Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, Nuclear 
Regulatory Commission, Washington, DC 20555. Telephone: 301-492-3117; 
Fax number: 301-492-3359; e-mail: <a href="/cdn-cgi/l/email-protection#bff0ccd6cdd6cc91ecd6cacdded1d092efdacddac5ffd1cddc91d8d0c9"><span class="__cf_email__" data-cfemail="8bc4f8e2f9e2f8a5d8e2fef9eae5e4a6dbeef9eef1cbe5f9e8a5ece4fd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (the Commission or NRC) is 
considering an application for approval of a transfer of control 
regarding Special Nuclear Material License Nos. SNM-7003 and SNM-2011. 
Material Licenses were issued on February 24, 2004, and April 13, 2007, 
respectively, to USEC Inc., (the Licensee), for its American Centrifuge 
Lead Cascade Facility (LCF) and American Centrifuge Plant (ACP), both 
located at the Portsmouth Gaseous Diffusion Plant site in Piketon, 
Ohio. The licenses authorize the Licensee to:

(1) Possess and use source and special nuclear material at the LCF; and
(2) Construct and operate a gas centrifuge uranium enrichment facility, 
the ACP.

    The application now being considered is dated September 10, 2010. 
The Licensee proposes to modify its existing corporate structure and 
has established a subsidiary limited liability corporation, American 
Centrifuge Holdings, LLC. American Centrifuge Holdings, LLC consists of 
four additional subsidiaries: American Centrifuge Manufacturing, LLC, 
American Centrifuge Technology, LLC, American Centrifuge Operating, LLC 
(the proposed licensee), and American Centrifuge Enrichment, LLC. The 
Licensee requests NRC consent to transfer control of License Nos. SNM-
7003 and SNM-2011 from USEC Inc. to the subsidiary limited liability 
company, American Centrifuge Operating, LLC. Upon NRC's approval of the 
transfer, USEC will make conforming changes to the License 
Applications, and Security Program documents to reflect American 
Centrifuge Operating, LLC as the licensee. No physical or operational 
changes to the LCF or the ACP are being proposed. An NRC administrative 
review, documented in an e-mail sent to the Licensee on October 5, 2010 
(ADAMS accession number ML102861865), found the application acceptable 
to begin a more detailed technical review. If the application is 
granted, the license would be amended for administrative purposes to 
reflect the transfer, by replacing references in the license to USEC 
Inc. with references to American Centrifuge Operating, LLC.
    Pursuant to Title 10 of the Code of Federal Regulations (10 CFR), 
Section 2.1301, the Commission is noticing in the Federal Register the 
receipt of the application for approval of the transfer of SNM-7003 and 
SNM-2001 because they involve major fuel cycle facilities licensed 
under 10 CFR Part 70. The NRC is considering the issuance of an order 
in accordance with 10 CFR 70.36, authorizing the transfer of control 
from USEC Inc. to American Centrifuge Operating, LLC. Pursuant to 10 
CFR 70.36, no license granted under 10 CFR Part 70, and no right 
thereunder to possess or utilize special nuclear material granted by 
any license issued pursuant to the regulations in this Part, shall be 
transferred, assigned, or in any manner disposed of, either voluntarily 
or involuntarily, directly or indirectly, through transfer of control 
of any license to any person unless the Commission shall, after 
securing full information, find that the transfer is in accordance with 
the provisions of Atomic Energy Act (AEA), and gives its consent in 
writing. The Commission will approve an application for the transfer of 
a license, if the Commission determines that the proposed restructuring 
and reorganization will not affect the qualifications of the Licensee 
to hold the license, and that the transfer is otherwise consistent with 
applicable provisions of law, regulations, and orders issued by the 
Commission pursuant thereto.
    If the September 10, 2010, request is granted, the licenses would 
be amended to reflect USEC Inc.'s reorganized ownership, and the new 
Licensee's name. Before such a license amendment is issued, the NRC 
will have made the findings required by the AEA and NRC's regulations. 
These findings will be documented in a Safety Evaluation Report. An 
Environmental Assessment (EA) will not be performed because, pursuant 
to 10 CFR 51.22(c)(21), approvals of direct or indirect transfers of 
any license issued by NRC and any associated amendments of license 
required to reflect the approval of a direct or indirect transfer of an 
NRC license are categorically excluded from the requirement to perform 
an EA.

II. Opportunity To Request a Hearing

    Within 20 days from the date of publication of this notice, any 
person(s) whose interest may be affected, and who

[[Page 70302]]

desires to participate as a party, must file a request for a hearing.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#fa929f9b8893949dd49e9599919f8eba948899d49d958c"><span class="__cf_email__" data-cfemail="83ebe6e2f1eaede4ade7ece0e8e6f7c3edf1e0ade4ecf5">[email protected]</span></a>, or by telephone at 301-415-1677, to request (1) 
a digital ID certificate, which allows the participant (or its counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#85c8d6cdc1abd7e0f6eaf0f7e6e0c5ebf7e6abe2eaf3"><span class="__cf_email__" data-cfemail="96dbc5ded2b8c4f3e5f9e3e4f5f3d6f8e4f5b8f1f9e0">[email protected]</span></a>, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemakings and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, or the presiding officer. Participants 
are requested not to include personal privacy information, such as 
social security numbers, home addresses, or home phone numbers in their 
filings, unless an NRC regulation or other law requires submission of 
such information. With respect to copyrighted works, except for limited 
excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3), then the requirements for paper 
documents, set forth in 10 CFR 2.304(b) must be met. In accordance with 
10 CFR 2.309(b), a request for a hearing must be filed by December 7, 
2010.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, a request for a hearing filed by a person other than an 
applicant must state:
    1. The name, address, and telephone number of the requester;

[[Page 70303]]

    2. The nature of the requester's right under the AEA to be made a 
party to the proceeding;
    3. The nature and extent of the requester's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requester's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requester's/petitioner's position on the 
issue and on which the requester/petitioner intends to rely to support 
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include references to specific portions of the 
application (including the applicant's environmental report and safety 
report) that the requester/petitioner disputes and the supporting 
reasons for each dispute, or, if the requester/petitioner believes 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 requester's/petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information filed by the applicant 
or otherwise available to the petitioner at the time the petition is to 
be filed, such as the application, supporting safety analysis report, 
environmental report or other supporting document filed by an applicant 
or licensee, or otherwise available to the petitioner. On issues 
arising under the National Environmental Policy Act, the requester/
petitioner shall file contentions based on the applicant's 
environmental report. The requester/petitioner may amend those 
contentions or file new contentions if there are data or conclusions in 
the NRC draft, or final environmental impact statement, environmental 
assessment, or any supplements relating thereto, that differ 
significantly from the data or conclusions in the applicant's 
documents. Otherwise, contentions may be amended or new contentions 
filed after the initial filing only with leave of the presiding 
officer.
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters 
discussed or referenced in the Safety Evaluation Report for the 
proposed action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the proposed 
action.
    3. Emergency Planning--primarily concerns issues relating to 
matters discussed or referenced in the Emergency Plan as it relates to 
the proposed action.
    4. Physical Security--primarily concerns issues relating to matters 
discussed or referenced in the Physical Security Plan as it relates to 
the proposed action.
    5. Miscellaneous--does not fall into one of the categories outlined 
above.
    If the requester/petitioner believes a contention raises issues 
that cannot be classified as primarily falling into one of these 
categories, the requester/petitioner must set forth the contention and 
supporting bases, in full, separately for each category into which the 
requester/petitioner asserts the contention belongs with a separate 
designation for that category.
    Requesters/petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requesters/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that 
wishes to adopt a contention proposed by another requester/petitioner 
must do so, in accordance with the E-Filing rule, within 10 days of the 
date the contention is filed, and designate a representative who shall 
have the authority to act for the requester/petitioner.
    As indicated below, pursuant to 10 CFR 2.310(g), any hearing would 
be subject to the procedures set forth in 10 CFR Part 2, Subpart M.

III. Opportunity To Provide Written Comments

    In accordance with 10 CFR 2.1305, as an alternative to requests for 
hearings and petitions to intervene, persons may submit written 
comments regarding this action. Written comments must be submitted no 
later than December 17, 2010. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted as described in the ADDRESSES section of this document. 
Comments received after 30 days will be considered if practicable to do 
so, but only those comments received on or before the due date can be 
assured consideration.

IV. Further Information

    Documents related to this action, including the Application for the 
proposed license transfer (September 10, 2010) and supporting 
documentation, are available electronically through the NRC's 
Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
From this site, you can access the NRC's Agencywide Documents Access 
and Management System (ADAMS), which provides text and image files of 
NRC's public documents. The ADAMS accession numbers for the publicly 
available documents related to this notice are:
    The ADAMS accession numbers for the license transfer application 
are as follows: Incoming Request and Enclosure 1--ML102650185;
    Enclosure 2--Security Related, Non-Publically Available;
    Enclosure 3--ML102660382, and
    Enclosure 4--Security Related, Non-Publically Available.

    If you do not have access to ADAMS, or if there are problems 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to <a href="/cdn-cgi/l/email-protection#bcccd8ce92ced9cfd3c9cedfd9fcd2cedf92dbd3ca"><span class="__cf_email__" data-cfemail="0b7b6f7925796e78647e79686e4b657968256c647d">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O1-F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, November 9, 2010.


[[Page 70304]]


    For the Nuclear Regulatory Commission.
Brian W. Smith,
Chief, Uranium Enrichment Branch, Fuel Facility Licensing Directorate, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2010-28974 Filed 11-16-10; 8:45 am]
BILLING CODE 7590-01-P


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