[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Notices]
[Page 10262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4103]



[[Page 10262]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7004-ML; ASLBP No. 05-838-01-ML]


Atomic Safety and Licensing Board; In the Matter of USEC, Inc. 
(American Centrifuge Plant); Notice (Notice of Hearing)

March 1, 2007.
Before Administrative Judges: Lawrence G. McDade, Chairman; Dr. Peter 
S. Lam; Dr. Richard E. Wardwel.

    This Atomic Safety and Licensing Board hereby gives notice that it 
will convene an evidentiary session to receive testimony and exhibits 
in the ``mandatory hearing'' portion of this proceeding regarding the 
August 23, 2004 application of USEC, Inc. (USEC) for authorization to 
construct a facility and to possess and use source, byproduct, and 
special nuclear material in order to enrich natural uranium to a 
maximum of ten percent uranium-235 by the gas centrifuge process.\1\ 
USEC proposes to do this at a facility--denominated the American 
Centrifuge Plant--to be constructed near Piketon, Ohio. This mandatory 
hearing will concern safety and environmental matters relating to the 
proposed issuance of the requested license, as more fully described 
below.
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    \1\ See 69 FR 61411 (Oct. 18, 2004); see also 10 CFR Parts 30, 
40, and 70.
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A. Matters To Be Considered

    As set forth by the Commission in the October 2004 Notice of 
Hearing \2\ the matters to be considered are (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 applicable 
standards contained in 10 CFR 30.33, 40.32, and 70.23, and (2) whether 
the review conducted by the NRC Staff pursuant to 10 CFR Part 51 has 
been adequate. Additionally, in accord with the Commission's October 
2004 notice, also at issue in this proceeding is: (3) Whether the 
requirements of Sections 102(2)(A), (C), and (E) of the National 
Environmental Policy Act of 1969 and 10 CFR Part 51, Subpart A, have 
been complied with in this proceeding; (4) whether the final balance 
among conflicting factors contained in the record of this proceeding 
indicate that granting the license is the appropriate action to be 
taken; and (5) whether the license should be issued, denied, or 
appropriately conditioned to protect the environment.
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    \2\ 69 FR at 61411-61412.
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B. Date, Time, and Location of Mandatory Hearing

    The Board will conduct this mandatory hearing at the specified 
location and time:
    1. Date: Tuesday, March 13, 2007.
    Time: Beginning at 10 a.m. EST.
    Location: ASLBP Hearing Room, Two White Flint North, Third Floor, 
11545 Rockville Pike, Rockville, Maryland 20852-2738.
    The hearing on these issues will then be continued until Monday, 
March 19, 2007, and thereafter day-to-day until concluded.
    Any members of the public who plan to attend the mandatory hearing 
are advised that security measures will be employed at the entrance to 
the hearing facility, including searches of hand-carried items such as 
briefcases or backpacks. The public is further advised that, in 
accordance with 10 CFR 2.390, portions of the hearing sessions will be 
closed to the public because the matters at issue will involve the 
discussion of protected information.

C. Availability of Documentary Information Regarding the Proceeding

    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically from the publicly available records 
component of NRC's document system (ADAMS). ADAMS is accessible from 
the NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public 
Electronic Reading Room). Persons who do not have access to ADAMS or 
who encounter problems in accessing the documents located in ADAMS 
should contact the NRC PDR reference staff by telephone at (800) 397-
4209 or (301) 415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#92e2f6e0d2fce0f1bcf5fde4"><span class="__cf_email__" data-cfemail="ddadb9af9db3afbef3bab2ab">[email protected]</span></a>.

D. Scheduling Information Updates

    Any updated/revised scheduling information regarding the 
evidentiary hearing can be found on the NRC Web site at www.nrc.gov/public-involve/public-meetings/index.cfm or by calling (800) 368-5642, 
extension 5036, or (301) 415-5036.
    It is so ordered.

    Dated in Rockville, Maryland, on March 1, 2007.

    For the Atomic Safety And Licensing Board.\3\
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    \3\ Copies of this Notice were sent this date by Internet 
electronic mail transmission to counsel for (1) USEC; and (2) the 
NRC Staff.
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Lawrence G. McDade,
Chairman, Administrative Judge.
[FR Doc. E7-4103 Filed 3-6-07; 8:45 am]
BILLING CODE 7590-01-P


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