[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50258-50260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23572]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-152; NRC-2009-0400]


Notice of License Acceptance of Renewal Application for Purdue 
University and Opportunity To Request a Hearing; Special Nuclear 
Materials License SNM-142, West Lafayette, IN

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license renewal application and opportunity to 
request a hearing.

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FOR FURTHER INFORMATION CONTACT: Mary Adams, Senior Project Manager, 
Fuel Manufacturing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Rockville, Maryland 20852. Telephone: 
(301) 492-3113; Fax: (301) 492-3363; e-mail: <a href="/cdn-cgi/l/email-protection#3875594a4116795c59554b78564a5b165f574e"><span class="__cf_email__" data-cfemail="d39eb2a1aafd92b7b2bea093bda1b0fdb4bca5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has accepted an 
application for renewal of Special Nuclear Material License SNM-142 for 
the continued use of special nuclear materials (SNM) for education, 
research, and training programs at Purdue University in West Lafayette, 
Indiana. Purdue requested renewal of SNM-142 for a period of 10 years. 
This license renewal, if approved, would authorize Purdue to continue 
to possess and use special nuclear materials under the provisions of 
Title 10 of the Code of Federal Regulations (10 CFR) Part 70, Domestic 
Licensing of SNM.

II. Discussion

    In an application dated July 31, 2009, Purdue requested renewal of 
SNM-142. Following an administrative review, and as documented in a 
letter to Purdue University dated August 28, 2009, the NRC staff 
determined that the request for renewal contains all essential elements 
and accepted it for technical review and docketing. The application has 
been docketed in Docket No. 70-152, the existing docket for Special 
Nuclear Materials License SNM-142. In accordance with 10 CFR 70.38(a), 
Purdue is permitted to continue using the SNM in accordance with 
existing license SNM-142, pending a final Commission decision on the 
renewal request. The acceptance letter estimated that NRC staff would 
complete the review by September 2010.
    If the NRC approves the renewal application, the approval will be 
documented in renewal of NRC License SNM-142. However, before approving 
the proposed amendment, the NRC will need to make the findings required 
by the Atomic Energy Act of 1954, as amended (the Act), and the NRC's 
regulations. These findings will be documented in a Safety Evaluation 
Report. Because the licensed material will be used for research and 
development and for educational purposes, renewal of SNM-142 is an 
action that is categorically excluded from the requirement to prepare 
an environmental assessment or environmental impact statement, pursuant 
to 10 CFR 51.22(c)(14)(v).

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for the renewal of Special Nuclear Material License SNM-142 
issued to Purdue University in West Lafayette, Indiana. Any person 
whose interest may be affected by this proceeding, and who desires to 
participate as a party, must file a request for a hearing and a 
specification of the contentions which the person seeks to have 
litigated in the hearing, in accordance with the NRC E-Filing rule, 
which the NRC promulgated on August 28, 2007 (72 FR 49139). All 
documents filed in NRC adjudicatory proceedings, including documents 
filed by interested governmental entities participating under 10 CFR 
2.315(c) and any motion or other document filed in the proceeding prior 
to the submission of a request for hearing or petition to intervene, 
must be filed in accordance with the E-Filing rule. The E-Filing rule 
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 a waiver 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 petitioner/requestor 
must contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#420a2723302b2c256c062d21292736022c30216c252d34"><span class="__cf_email__" data-cfemail="b4fcd1d5c6dddad39af0dbd7dfd1c0f4dac6d79ad3dbc2">[email protected]</span></a>, or by calling (301) 415-1677, to request: (1) A 
digital Identification (ID) certificate, which allows the participant 
(or its counsel or representative) to digitally sign documents and 
access the E-Submittal server for any proceeding in which it is 
participating; and/or (2) creation of an electronic docket for the 
proceeding (even in instances in which the petitioner/requestor, or its 
counsel or representative, already holds an NRC-issued digital ID 
certificate). Each petitioner/requestor will need to download the 
Workplace Forms Viewer <SUP>TM</SUP> to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms Viewer <SUP>TM</SUP> is free and is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 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/applycertificates.html.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, it 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 filer submits its documents through EIE. To be timely, an 
electronic filing must be submitted to the EIE 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 
EIE 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 may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8 a.m. and 8 p.m., Eastern Time, Monday 
through Friday, excluding government holidays. The toll-free help line 
number is (800) 672-7640. A person filing electronically may also seek 
assistance by sending an

[[Page 50259]]

e-mail to the NRC electronic filing Help Desk at <a href="/cdn-cgi/l/email-protection#d499879c90fa86b1a7bba1a6b7b194baa6b7fab3bba2"><span class="__cf_email__" data-cfemail="430e100b076d1126302c36312026032d31206d242c35">[email protected]</span></a>.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file a motion, 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.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m. Eastern Time on the due date.
    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, an Atomic Safety and Licensing Board, or 
a 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 or 
petition for leave to intervene must be filed by November 30, 2009. In 
addition to meeting other applicable requirements of 10 CFR 2.309, a 
request for a hearing must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act 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).
    A request for a hearing or petition for leave to intervene must 
also include a specification of the contentions that the petitioner/
requestor seeks to have litigated in the hearing. For each contention, 
the petitioner/requestor 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/requestor 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 AES's application. The request/petition must also include a 
concise statement of the alleged facts or expert opinions which support 
the position of the petitioner/requestor and on which the petitioner/
requestor intends to rely at hearing, together with references to the 
specific sources and documents on which the petitioner/requestor 
intends to rely. Finally, the request/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/requestor 
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/requestor's belief. 
Each contention must be one that, if proven, would entitle the 
petitioner/requestor to relief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the request or petition is to be filed, such as the application or 
other supporting document filed by the applicant, or otherwise 
available to the petitioner/requestor. The petitioner/requestor may 
amend those contentions or file new contentions if there are data or 
conclusions in the NRC draft or final documents, 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.
    Petitioners/requestors 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 
requestors or petitioners is designated the lead representative. 
Further, in accordance with 10 CFR 2.309(f)(3), any petitioner/
requestor that wishes to adopt a contention proposed by another 
petitioner/requestor must do so, in accordance with the E-Filing rule, 
within ten days of the date the contention is filed, and designate a 
representative who shall have the authority to act for the petitioner/
requestor.
    In accordance with 10 CFR 2.309(g), a request for hearing or a 
petition for leave to intervene may also address the selection of 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    The application for license renewal is available electronically at 
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 number for 
the document comprising the July 31, 2009, license renewal request is 
ML092660195. The ADAMS accession number for the NRC staff's August 28, 
2009, acceptance letter is ML092310085.
    If you do not have access to ADAMS or if there are problems in 
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#225246500c5047514d57504147624c50410c454d54"><span class="__cf_email__" data-cfemail="2e5e4a5c005c4b5d415b5c4d4b6e405c4d00494158">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O-1 F21, One

[[Page 50260]]

White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The 
PDR reproduction contractor will copy documents for a fee.

    Dated at Rockville, Maryland this 3rd day of September, 2009.

    For the U.S. Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facilities Licensing 
Directorate, Division of Fuel Cycle Safety and Safeguards, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. E9-23572 Filed 9-29-09; 8:45 am]
BILLING CODE 7590-01-P


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