Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Notices 62767

the proceeding must file a written

request for a hearing and a petition for

leave to intervene with respect to the

subject materials license in accordance

with the provisions of 10 CFR 2.714. If

a request for hearing or petition for

leave to intervene is filed by the above

date, the NRC or an Atomic Safety and

Licensing Board designated by the

Commission or by the Chairman of the

Atomic Safety and Licensing Board

Panel will rule on the request and/or

petition, and the Secretary or the

designated Atomic Safety and Licensing

Board will issue a notice of hearing or

an appropriate order. In the event that

no request for hearing or petition for

leave to intervene is filed by the above

date, the NRC may, upon satisfactory

completion of all required evaluations,

issue the materials license renewal

without further prior notice.

A petition for leave to intervene shall

set forth with particularity the interest

of the petitioner in the proceeding and

how that interest may be affected by the

results of the proceeding. The petition

should specifically explain the reasons

why intervention should be permitted

with particular reference to the

following factors: (1) The nature of the

petitioner’s right under the Act to be

made a party to the proceeding; (2) the

nature and extent of the petitioner’s

property, financial, or other interest in

the proceeding; and (3) the possible

effect of any order that may be entered

in the proceeding on the petitioner’s

interest. The petition should also

identify the specific aspect(s) of the

subject matter of the proceeding as to

which the petitioner wishes to

intervene. Any person who has filed a

petition for leave to intervene or who

has been admitted as a party may amend

a petition, without requesting leave of

the Board up to 15 days prior to the

holding of the first pre-hearing

conference scheduled in the proceeding,

but such an amended petition must

satisfy the specificity requirements

described above.

Not later than fifteen (15) days prior

to the first pre-hearing conference

scheduled in the proceeding, a

petitioner shall file a supplement to the

petition to intervene which must

include a list of contentions which are

sought to be litigated in the matter. Each

contention must consist of a specific

statement of the issue of law or fact to

be raised or controverted. In addition,

the petitioner shall provide a brief

explanation of the bases of the

contention and a concise statement of

the alleged facts or expert opinion

which support the contention and on

which the petitioner intends to rely in

proving the contention at the hearing.

The petitioner must also provide

references to those specific sources and

documents of which the petitioner is

aware and on which the petitioner

intends to rely to establish those facts or

expert opinion. Petitioner must provide

sufficient information to show that a

genuine dispute exists with the

applicant on a material issue of law or

fact. Contentions shall be limited to

matters within the scope of the action

under consideration. The contention

must be one which, if proven, would

entitle the petitioner to relief. A

petitioner who fails to file such a

supplement which satisfies these

requirements with respect to at least one

contention will not be permitted to

participate as a party.

Those permitted to intervene become

parties to the proceeding, subject to any

limitations in the order granting leave to

intervene, and have the opportunity to

participate fully in the conduct of the

hearing.

A request for a hearing or petition for

leave to intervene must be filed with the

Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, Attention:

Document Control Desk or may be

delivered to the Commission’s Public

Document Room, One White Flint North

Building, 11555 Rockville Pike,

Rockville, MD, by the above date. Where

petitions are filed during the last ten

(10) days of the notice period, it is

requested that the petitioner promptly

so inform the NRC by a toll-free

telephone (800–368–5642 Extension

415–8500) call to E. William Brach,

Director, Spent Fuel Project Office,

Office of Nuclear Material Safety and

Safeguards, with the following message:

petitioner’s name and telephone

number; date petition was mailed; plant

name; and publication date and page

number of this Federal Register notice.

A copy of the petition should also be

sent to the Office of the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

and to Mr. James E. Ellis, Manager,

Morris Operations, General Electric

Company, 7555 East Collins Road,

Morris, IL 60540, for the applicant.

Non-timely filings of petitions for

leave to intervene, amended petitions,

supplemental petitions, and/or requests

for hearing will not be entertained

absent a determination by the

Commission, the presiding Officer, or

the presiding Atomic Safety and

Licensing Board that the petition and/or

request should be granted based upon a

balancing of the factors specified in 10

CFR 2.714(a)(1)(i)–(v) and 2.714(d).

For further details with respect to this

application, see the application dated

May 22, 2000, which is available for

public inspection at the Commission’s

Public Document Room, One White

Flint North Building, 11555 Rockville

Pike, Rockville, MD or from the publicly

available records component of NRC’s

document system (ADAMS). ADAMS is

accessible from the NRC Web site at

http://www.nrc.gov/NRC/ADAMS/

index.html (the Public Electronic

Reading Room).

Dated at Rockville, Maryland, this 11th day

of October 2000.

For the Nuclear Regulatory Commission.

E. William Brach,

Director, Spent Fuel Project Office, Office of

Nuclear Material Safety and Safeguards.

[FR Doc. 00–26885 Filed 10–18–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 70–1257]

Siemens Power Corporation; Notice of

Consideration of Request for Consent

To Transfer of Facility License and

Conforming Amendment and

Opportunity for Hearing

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of consideration of

request for consent to transfer of facility

license and conforming amendment and

opportunity for hearing.

SUMMARY: The Nuclear Regulatory

Commission (the Commission) is

considering the issuance of a letter of

consent and an amendment pursuant to

Part 70 to Title 10 of the Code of Federal

Regulations approving the transfer of

Materials License SNM–1227 held by

Siemens Power Corporation (‘‘SPC’’) as

the owner and responsible licensee. The

facility is authorized to use Special

Nuclear Material (SNM) for the

fabrication of nuclear fuel pellets and

fuel assemblies and operates in

Richland, WA. The transfer would be

from Siemens Power Corporation to a

new company to be named Framatome

ANP Richland Division, Inc.

FOR FURTHER INFORMATION CONTACT: Dan

E. Martin, Project Manager, Fuel Cycle

Licensing Branch, Division of Fuel

Cycle and Safeguards, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, telephone: (301)

415–7254, e-mail dem1@nrc.gov.

SUPPLEMENTARY INFORMATION: The

Nuclear Regulatory Commission (the

Commission) is considering the

issuance of a letter of consent and an

amendment pursuant to Part 70 to Title

62768 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Notices

10 of the Code of Federal Regulations

approving the transfer of Materials

License SNM–1227, held by Siemens

Power Corporation (‘‘SPC’’) as the

owner and responsible licensee, to a

new company to be named Framatome

ANP Richland Division, Inc. The facility

is authorized to use Special Nuclear

Material (SNM) for the fabrication of

nuclear fuel pellets and fuel assemblies

and operates in Richland, WA.

The transfer is necessitated by the

planned merger of the world-wide

nuclear business of Siemens AG, a

German Aktiengesellschaft (‘‘Siemens’’),

including the outstanding shares of

stock of SPC, the entity that currently

conducts the U.S. nuclear business of

Siemens, with the world-wide nuclear

business of Framatome S.A., a French

socie ́te ́ anoyme (‘‘Framatome’’) and the

creation of a new French company,

Framatome Advanced Nuclear Power

(‘‘Framatome ANP’’). Upon closing of

the transaction, SPC will be a whollyowned subsidiary of Framatome

Technologies Group, Inc. (‘‘FTG’’), a

Delaware corporation and a whollyowned indirect subsidiary of Framatome

ANP, and will operate under the name

Framatome ANP Richland Division, Inc.

(‘‘Framatome ANP Richland’’). Before

the closing date of the transaction, FTG

will change its name to Framatome

ANP, Inc., but FTG is used herein for

convenience. The Commission is

considering SPC’s application and

request, dated September 29, 2000, for

Commission consent to the transfer of

Materials License SNM–1227 to

Framatome ANP Richland and the

change in ownership of SPC from

Siemens Corporation to FTG, effective

upon the closing of the transaction, and

a license amendment for administrative

purposes to reflect the proposed

transfer.

According to SPC’s application dated

September 29, 2000, there will be no

changes affecting the existing health and

safety programs, qualifications of safety

personnel, equipment and facilities, or

any other existing license requirements.

All the present obligations of SPC under

the current license will pass unchanged

to Framatome ANP Richland, with the

exception of the form of financial

assurance for decommissioning. SPC’s

application includes an unexecuted

letter of credit and a standby third-party

trust agreement, and a commitment to

provide fully executed documents

before the closing date.

The proposed license amendment

would change the name of the licensee

from Siemens Power Corporation to

Framatome ANP Richland Division, Inc.

for administrative purposes to reflect

the proposed transfer.

Pursuant to 10 CFR 70.36, no license

granted under the regulations in Part 70

and 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 gives its prior 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.

Before issuance of the proposed

conforming license amendment, the

Commission will make the findings

required by the Atomic Energy Act of

1954, as amended (the Act), and the

Commission’s regulations.

The filing of requests for hearing and

petitions for leave to intervene, and

written comments with regard to the

license transfer application, are

discussed below.

By November 7, 2000, any person

whose interest may be affected by the

Commission’s action on the application

may request a hearing and, if not, the

applicant may petition for leave to

intervene in a hearing proceeding on the

Commission’s action. 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 M, ‘‘Public

Notification, Availability of Documents

and Records, Hearing Requests and

Procedures for Hearings on License

Transfer Applications,’’ of 10 CFR part

2. In particular, such requests and

petitions must comply with the

requirements set forth in 10 CFR 2.1306,

and should address the considerations

contained in 10 CFR 2.1308(a).

Untimely requests and petitions may be

denied, as provided in 10 CFR

2.1308(b), 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

2.1308(b)(1)–(2).

Requests for a hearing and petitions

for leave to intervene should be served

upon: Mr. Loren J. Maas, Manager,

Regulatory Compliance, Siemens Power

Corporation, 2101 Horn Rapids Road,

Richland, WA 99352; the General

Counsel, U.S. Nuclear Regulatory

Commission, Washington, DC 20555 (email address for filings regarding license

transfer cases only: OGCLT@NRC.gov);

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 2.1313.

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

Register and served on the parties to the

hearing.

As an alternative to requests for

hearing and petitions to intervene, by

(30 days after publication), persons may

submit written comments regarding the

license transfer application, as provided

for in 10 CFR 2.1305. 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 the Federal Register

notice.

For further details with respect to this

action, see the application dated

September 29, 2000, available for public

inspection at the Commission’s Public

Document Room at One White Flint

North, 11555 Rockville Pike, Rockville,

MD, and accessible electronically

through the ADAMS Public Electronic

Reading Room link at the NRC Web site

(http://www.nrc.gov).

Dated at Rockville, Maryland this 13th day

of October, 2000.

For the Nuclear Regulatory Commission.

Philip Ting,

Chief, Fuel Cycle Licensing Branch, Division

of Fuel Cycle Safety and Safeguards, Office

of Nuclear Material Safety and Safeguards.

[FR Doc. 00–26887 Filed 10–18–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Notice of Issuance of Amendment to

Materials License SNM–2501

[Docket No. 72–2]

Virginia Electric and Power Company

Surry Independent Spent Fuel Storage

Installation

The U.S. Nuclear Regulatory

Commission (NRC or the Commission)

has issued Amendment 12 to Materials

License SNM–2501 held by Virginia