[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Notices]
[Pages 15171-15172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5937]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-754]


General Electric Company--Vallecitos Nuclear Center: Notice of 
Consideration of Approval of Transfer of Special Nuclear Material 
License and Conforming Amendment and Opportunity for Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of approval of transfer of special 
nuclear material license and conforming amendment and opportunity for 
hearing.

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DATES: Requests for a hearing must be filed by April 19, 2007. Comments 
must be provided by April 30, 2007.

FOR FURTHER INFORMATION CONTACT: Mary T. 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 (NRC), Washington, DC 20555. Telephone: 
(301) 415-7249; fax number: (301) 415-5955; e-mail: <a href="/cdn-cgi/l/email-protection#7e130a1f3e100c1d50191108"><span class="__cf_email__" data-cfemail="f19c8590b19f8392df969e87">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (the Commission) is considering 
approval of an application (the application) from General Electric 
Company (GE), submitted on January 19, 2007, for consent to direct 
transfer of Special Nuclear Material License-960 (SNM-960), currently 
held by GE to GE-Hitachi Nuclear Energy Americas, LLC. The application 
was supplemented by letters dated January 25, 2007, February 23, 2007, 
and March 2, 2007. The Commission is also considering amending the 
license for administrative purposes to reflect the proposed transfer. 
Renewed License No. SNM-960 was issued on September 14, 2000, to GE 
under 10 CFR Part 70, and authorizes GE to possess and use specified 
licensed material at the Vallecitos Nuclear Center located near 
Pleasanton, California.
    According to the application for approval, and supplements filed by 
GE, GE-Hitachi Nuclear Energy Americas, LLC, a newly formed entity, 
would acquire ownership of the facilities following approval of the 
proposed license transfer, and would be responsible for the operation 
and maintenance of the facilities. This new entity will be wholly owned 
by GE-Hitachi Nuclear Energy Holdings, LLC, created as a parent 
company. A U.S. subsidiary or subsidiaries of Hitachi Ltd., a Japanese 
company, will hold a 40% ownership interest. GE, through various 
subsidiaries, will hold a 60% ownership interest.
    The proposed amendment would replace references to GE in the 
license with references to GE-Hitachi Nuclear Energy Americas, LLC., to 
reflect the proposed transfer.
    Pursuant to 10 CFR 70.36, no right to possess or utilize special 
nuclear material granted by any license, issued pursuant to the 
regulations in Part 70 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 the Atomic Energy 
Act of 1954, as amended, and shall give its consent in writing. The 
Commission will approve an application for the transfer of a license if 
the Commission determines that the proposed transferee is qualified 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. An Environmental Assessment (EA) will not 
be performed because this action is categorically excluded from the 
requirement to perform an EA pursuant to 10 CFR 51.22(c)(21).
    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended, and the Commission's regulations.

II. Opportunity To Request a Hearing

    In accordance with the general requirements in Subparts C and M of 
10 CFR Part 2, 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 2.309(b)(1), to be timely, hearing 
requests and petitions to intervene must be filed no later than April 
19, 2007.
    Requests for a hearing and petitions for leave to intervene should 
be filed in accordance with the Commission's rules of practice set 
forth in Subpart C of 10 CFR Part 2. In particular, such requests and 
petitions must comply with the requirements set forth in 10 CFR 2.309. 
Untimely requests and petitions may be denied, as provided in 10 CFR 
2.309(c)(1), unless good cause for failure to file on time is 
established. In addition, an untimely request or petition should 
address the factors that the Commission will also consider, in 
reviewing untimely requests or petitions, set forth in 10 CFR 
2.309(c)(1)(I)-(viii)
    Requests for a hearing and petitions for leave to intervene should 
be served upon Mr. Donald J. Silverman, Morgan Lewis & Bockius, LLP, 
1111 Pennsylvania Avenue, NW., Washington, DC 20004 (tel: 202-739-5502; 
e-mail: <a href="/cdn-cgi/l/email-protection#98fcebf1f4eefdeaf5f9f6d8f5f7eafff9f6f4fdeff1ebb6fbf7f5"><span class="__cf_email__" data-cfemail="1672657f7a6073647b7778567b79647177787a73617f653875797b">[email protected]</span></a>; fax: 202-739-3001); the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 
(e-mail address for filings regarding license transfer cases only: 
<a href="/cdn-cgi/l/email-protection#e7a8a0a4abb3a7a9b5a4c9808891"><span class="__cf_email__" data-cfemail="642b23272830242a36274a030b12">[email protected]</span></a>); and the Secretary of the Commission, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302 
and 2.305.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal

[[Page 15172]]

Register and served on the parties to the hearing.

III. Opportunity To Provide Written Comments

    In accordance with 10 CFR 2.1305, as an alternative to requests for 
hearing and petitions to intervene, comments with respect to this 
action should be provided in writing by April 30, 2007. 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 to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and should cite the publication date and page 
number of this Federal Register notice.

IV. Further Information

    For further details with respect to this action, see the 
application dated January 19, 2007, and supplements dated; February 23, 
2007, and March 2, 2007, available for public inspection at the 
Commission's Public Document Room (PDR), located at One White Flint 
North, Public File Area O1 F21, 11555 Rockville Pike (first floor), 
Rockville, Maryland. Publicly available records will be accessible 
electronically from the Agencywide Documents Access and Management 
System's (ADAMS) Public Electronic Reading Room on the Internet at the 
NRC Web site, http://www.nrc.gov/reading-rm/adams.html. 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 1-800-397-4209, or 301-415-4737, or via e-mail to 
<a href="/cdn-cgi/l/email-protection#6a1a0e182a041809440d051c"><span class="__cf_email__" data-cfemail="5d2d392f1d332f3e733a322b">[email protected]</span></a>.

    Dated at Rockville, Maryland this 23rd day of March 2007.

    For the Nuclear Regulatory Commission.
Gary S. Janosko,
Deputy Director, Fuel Facility Licensing Directorate, Division of Fuel 
Cycle Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards.
 [FR Doc. E7-5937 Filed 3-29-07; 8:45 am]
BILLING CODE 7590-01-P


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