12204 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 

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 writing within ten days of the date 

the contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further Information 

Documents related to this action, 

including the application for 

amendment and supporting 

documentation, are 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 

numbers for the documents related to 

this notice are: 

Document ADAMS Accession No. Date 

Transmittal letter ...................................................................................................................................................... ML063110083 10/24/06 

License renewal application public version ............................................................................................................. ML063110089 10/24/06 

Environmental Report .............................................................................................................................................. ML063110087 10/31/06 

Additional information .............................................................................................................................................. ML063530128 12/13/06 

NRC acceptance letter ............................................................................................................................................ ML070320061 02/07/07 

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 pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O–1–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, this 8th day 

of March, 2007. 

For the U.S. Nuclear Regulatory 

Commission. 

Gary Janosko, 

Deputy Director, Fuel Facility Licensing 

Directorate, Division of Fuel Cycle Safety and 

Safeguards, Office of Nuclear Material Safety 

And Safeguards. 

[FR Doc. E7–4750 Filed 3–14–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–3098] 

Notice of License Application for 

Possession and Use of Byproduct, 

Source, and Special Nuclear Materials 

for the Mixed Oxide Fuel Fabrication 

Facility, Aiken, SC, and Opportunity To 

Request a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license application, 

and opportunity to request a hearing. 

DATES: A request for a hearing must be 

filed by May 14, 2007. 

FOR FURTHER INFORMATION CONTACT: 

David Tiktinsky, Senior Project 

Manager, MOX Branch, Division of Fuel 

Cycle Safety and Safeguards, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

(301) 415–6195; fax number: (301) 415–

5369; e-mail: dht@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) has received, by letter dated 

September 27, 2006, November 16, 2006 

(document withheld based on 10 CFR 

2.390), and January 4, 2007 (a public 

redacted version), a license application 

and supporting documents from Shaw 

AREVA MOX Services (MOX Services), 

requesting a license for possession and 

use of byproduct, source, and special 

nuclear materials for the Mixed Oxide 

Fuel Fabrication Facility (MFFF) to be 

located on the Savannah River Site in 

Aiken, SC. 

On March 30, 2005, the NRC issued 

a Construction Authorization (CA) to 

MOX Services (formerly known as 

Duke, Cogema, Stone and Webster) for 

a MFFF to be located at the Savannah 

River Site in Aiken, South Carolina 

(ML050660392).The NRC staff’s 

technical basis for issuing the CA was 

set forth in NUREG–1821, ‘‘Final Safety 

Evaluation Report on the Construction 

Authorization Request for the Mixed 

Oxide Fuel Fabrication Facility at the 

Savannah River Site, South Carolina’’

(ML050660399). The results of the 

staff’s environmental review related to 

the issuance of the CA are contained in 

NUREG–1767, ‘‘Environmental Impact 

Statement on the Construction and 

Operation of a Mixed Oxide Fuel 

Fabrication Facility at the Savannah 

River Site, South Carolina—Final 

Report’’ (ML050240233, ML050240250). 

A License Application (LA) was 

submitted to the NRC on September 27, 

2006, requesting the approval for the 

possession and use of byproduct, 

source, and special nuclear materials for 

the MFFF. In the process of performing 

the Acceptance/Acknowledgment 

review of the LA, the staff identified 

some parts of the submittal that required 

modifications in order for the NRC to 

complete the initial review. The 

preliminary review of the LA indicated 

that much of the information required 

by Part 70 (in particular, 10 CFR 70.22 

and 10 CFR part 70, subpart H) to be in 

an operating license application was 

contained in the Integrated Safety 

Analyses (ISA) Summary. The staff also 

believed that some of the information 

that was identified to be withheld as 

proprietary should be publically 

available. 

On November 7, 2006, the NRC sent 

a letter to Mr. David Stinson, President 

of MOX Services indicating the 

modifications that were needed in order 

for the NRC to complete its initial 

Acceptance/Acknowledgment review. A 

revised LA was submitted to the NRC on 

November 16, 2006 (document was 

withheld under 10 CFR 2.390). 

The U.S. NRC staff performed an 

acknowledgment/ acceptance review of 

the revised MFFF license submittals to 

determine if sufficient information was 

provided for the staff to begin a detailed 

technical review. 

The submittals generally addressed 

the requirements of an operating license 

for a facility specified in 10 CFR part 70, 

and the items specified in NUREG–

1718, ‘‘Standard Review Plan for the 

Review of an Application for a Mixed 

Oxide Fuel Fabrication Facility.’’ The 

staff accepted the application for 

technical review and docketing. The 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12205 

Acceptance/Acknowledgment review 

was documented in a letter to MOX 

Services dated December 20, 2006 

(ML063530612). A redacted public 

version of the LA was submitted to the 

NRC on January 4, 2007 (ML070160304 

and ML070160311). 

The NRC will review the license 

application for compliance with 

applicable sections of regulations in 

Title 10 of the Code of Federal 

Regulations (10 CFR)—Energy, Chapter 

I—Nuclear Regulatory Commission. 

If the NRC approves the application, 

the approval will be documented in an 

NRC License. However, before 

approving the request for an operating 

license, the NRC will need to make the 

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. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for a license. In accordance with the 

general requirements in subpart C of 10 

CFR part 2, as amended on January 14, 

2004 (69 FR 2182), any person whose 

interest may be affected by this 

proceeding and who desires to 

participate as a party must file a written 

request for a hearing and a specification 

of the contentions which the person 

seeks to have litigated in the hearing. 

In accordance with 10 CFR 2.302(a), 

a request for a hearing must be filed 

with the Commission either by: 

1. First class mail addressed to: Office 

of the Secretary, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Attention: Rulemakings 

and Adjudications Staff; 

2. Courier, express mail, and 

expedited delivery services: Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, MD 20852, Attention: 

Rulemakings and Adjudications Staff, 

between 7:45 a.m. and 4:15 p.m., 

Federal workdays; 

3. E-mail addressed to the Office of 

the Secretary, U.S. Nuclear Regulatory 

Commission, hearingdocket@nrc.gov; or 

4. By facsimile transmission 

addressed to the Office of the Secretary, 

U.S. Nuclear Regulatory Commission, 

Washington, DC, Attention: 

Rulemakings and Adjudications Staff, at 

(301) 415–1101; verification number is 

(301) 415–1966. 

In accordance with 10 CFR 2.302 (b), 

all documents offered for filing must be 

accompanied by proof of service on all 

parties to the proceeding or their 

attorneys of record as required by law or 

by rule or order of the Commission, 

including: 

1. The applicant, Shaw AREVA MOX 

Services, P.O. Box 7097, Aiken, SC 

29804, Attention: Dealis Gwyn; and 

2. The NRC staff, by delivery to the 

Office of the General Counsel, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852, or by mail 

addressed to the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. Hearing requests should also be 

transmitted to the Office of the General 

Counsel, either by means of facsimile 

transmission to (301) 415–3725, or via email to ogcmailcenter@nrc.gov. 

The formal requirements for 

documents contained in 10 CFR 

2.304(b), (c), (d), and (e), must be met. 

In accordance with 10 CFR 2.304(f), a 

document filed by electronic mail or 

facsimile transmission need not comply 

with the formal requirements of 10 CFR 

2.304(b), (c), and (d), as long as an 

original and two (2) copies otherwise 

complying with all of the requirements 

of 10 CFR 2.304(b), (c), and (d) are 

mailed within two (2) days thereafter to 

the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001, Attention: Rulemakings and 

Adjudications Staff. 

In accordance with 10 CFR 2.309 (b), 

a request for a hearing must be filed by 

May 14, 2007. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, the general requirements 

involving 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; 

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). 

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 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 available at the time the 

petition is to be filed, such as the 

application, supporting safety analysis 

report, or other supporting documents 

filed by an applicant or licensee, or 

otherwise available to the petitioner. 

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 


rmajette on PROD1PC67 with NOTICES
12206 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 

1Attachment 1 contains sensitive information 

and will not be released to the public. 

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 writing within ten days of the date 

the contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309 (g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further Information 

Documents related to this action, 

including the application and 

supporting documentation, are 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 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are: 

Document ADAMS Accession No. Date 

License Application for the MFFF ........................................................................................................................... ML062750194 09/27/2006 

Request for exemption from decommissioning requirements ................................................................................. ML062720071 09/27/2006 

Request for exemption from radiation labeling requirements ................................................................................. ML062720076 09/27/2006 

Request for exemption from indemnity agreement and financial protection requirement ...................................... ML062720082 09/27/2006 

NRC letter with comments on LA content review ................................................................................................... ML063100216 11/07/2006 

Emergency plan assessment .................................................................................................................................. ML063250124 11/16/2007 

ML063250129 

NRC acceptance/acknowledgment review letter ..................................................................................................... ML063530612 12/20/2006 

Transmittal letter for public version of LA ............................................................................................................... ML070160304 01/04/2007 

License application public version ........................................................................................................................... ML070160311 01/04/2007 

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 pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s PDR, O–1–F–21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. The PDR 

reproduction contractor will copy 

documents for a fee. 

Dated at Rockville, Maryland, this 7th day 

of March, 2007. 

For the Nuclear Regulatory Commission. 

Joseph Giitter, 

Director, Special Project, and Technical 

Support Directorate, Division of Fuel Cycle 

Safety and Safeguards, Office of Nuclear 

Material Safety and Safeguards. 

[FR Doc. E7–4751 Filed 3–14–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–07–055] 

In the Matter of Holder of Material 

License Authorized To Use Sealed 

Sources in Panoramic and Underwater 

Irradiators and Possess Greater Than 

370 Terabecquerels (10,000 Curies); 

Order Imposing Fingerprinting and 

Criminal History Records Check 

Requirements for Unescorted Access 

to Certain Radioactive Material 

(Effective Immediately) 

I 

The Licensee identified in 

Attachment 1 1 to this Order holds a 

license issued in accordance with the 

Atomic Energy Act (AEA) of 1954, as 

amended, by the U.S. Nuclear 

Regulatory Commission (NRC or 

Commission) or Agreement States, 

authorizing possession of greater than 

370 Terabecquerels (10,000 curies) of 

byproduct material, in the form of 

sealed sources, either in panoramic 

irradiators that have dry or wet storage 

of the sealed sources, or in underwater 

irradiators in which both the source and 

the product being irradiated are 

underwater. On August 8, 2005, the 

Energy Policy Act of 2005 (EPAct) was 

enacted. Section 652 of the EPAct 

amended Section 149 of the AEA to 

require fingerprinting and a Federal 

Bureau of Investigation (FBI) 

identification and criminal history 

records check of any person who is 

permitted unescorted access to 

radioactive materials subject to 

regulation by the Commission, and 

which the Commission determines to be 

of such significance to the public health 

and safety or the common defense and 

security as to warrant fingerprinting and 

background checks. NRC has decided to 

implement this requirement, in part, 

prior to the completion of the 

rulemaking to implement the provisions 

under the EPAct, which is underway, 

because a deliberate malevolent act by 

an individual with unescorted access to 

these radioactive materials has a 

potential to result in significant adverse 

impacts to the public health and safety 

or the common defense and security. 

Those exempted, from fingerprinting 

requirements under 10 CFR 73.61 (72 

FR 4945 (February 2, 2007)) are also 

exempt from the fingerprinting 

requirements under this Order. In 

addition, individuals who have a 

favorably-decided U.S. Government 

criminal history record check within the 

last five (5) years, or individuals who 

have an active federal security clearance 

(provided in each case that they make 

available the appropriate 

documentation), have satisfied the 

EPAct fingerprinting requirement and 

need not be fingerprinted again. 

Individuals who have been 

fingerprinted and granted access to 


rmajette on PROD1PC67 with NOTICES