[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88818-88821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26006]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7003; NRC-2024-0048]


American Centrifuge Operating, LLC; Lead Cascade Facility; 
Termination of License; Environmental Assessment and Finding of No 
Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

-----------------------------------------------------------------------

SUMMARY: By letter dated November 2, 2023, American Centrifuge 
Operating, LLC (ACO), a subsidiary of Centrus Energy Corp. (Centrus), 
requested the U.S. Nuclear Regulatory Commission (NRC) terminate its 
Special Nuclear Material (SNM) License No. SNM-7003 for the American 
Centrifuge Lead Cascade Facility (LCF), located on a U.S. Department of 
Energy (DOE) reservation in Piketon, Ohio. ACO no longer needs to 
maintain its license SNM-7003. On January 5, 2024, the NRC accepted the 
license termination application for detailed technical review. The 
license termination would not change ACO's license SNM-2011 for the 
American Centrifuge Plant under which ACO is conducting the high-assay 
low-enriched uranium (HALEU) program at the Piketon facility.

DATES: The letter terminating the license SNM-7003 will be issued to 
ACO on November 8, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0048 when contacting the 
NRC about the availability of information regarding this action. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for NRC-2024-0048. Address questions 
about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-
415-0624; email: <a href="/cdn-cgi/l/email-protection#93c0e7f2f0eabdc0f0fbe6fef2fdfdd3fde1f0bdf4fce5"><span class="__cf_email__" data-cfemail="adfed9ccced483fecec5d8c0ccc3c3edc3dfce83cac2db">[email protected]</span></a>. For technical questions, 
contact the individual listed in the For Further Information Contact 
section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#7c2c382e522e190f13090e1f193c120e1f521b130a"><span class="__cf_email__" data-cfemail="623226304c3007110d17100107220c10014c050d14">[email protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#bdedf9ef93efd8ced2c8cfded8fdd3cfde93dad2cb"><span class="__cf_email__" data-cfemail="aafaeef884f8cfd9c5dfd8c9cfeac4d8c984cdc5dc">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

[[Page 88819]]


FOR FURTHER INFORMATION CONTACT: Yawar Faraz, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-7220, email: 
<a href="/cdn-cgi/l/email-protection#edb48c9a8c9fc3ab8c9f8c97ad839f8ec38a829b"><span class="__cf_email__" data-cfemail="d78eb6a0b6a5f991b6a5b6ad97b9a5b4f9b0b8a1">[email protected]</span></a>.

I. Introduction

    The NRC issued SNM-7003 for the LCF on February 24, 2004. The LCF 
enriched uranium up to 10 weight percent in the isotope uranium-235. 
The LCF, which consisted of up to 240 operating centrifuges, was 
located in buildings leased by ACO from the DOE. The LCF's centrifuges 
operated between 2006 and 2016 for the purpose of obtaining and 
assessing performance data. The LCF operated in recycle mode; that is, 
no uranium hexafluoride (UF<INF>6</INF>) product was withdrawn from the 
cascade for commercial purposes. Only small samples of products were 
removed for performance assessment. The LCF ceased operations in 2016. 
ACO decommissioned the LCF in 2017 and 2018: (1) ACO removed the 
UF<INF>6</INF> inventory from the centrifuges and process piping, 
decontaminated the LCF, and (2) ACO dismantled and appropriately 
disposed of the LCF equipment, under NRC-approved programs of the LCF. 
On January 5, 2018, ACO submitted its update to the decommissioning 
plan (DP) for the LCF to the NRC for review and approval. The updated 
DP contained ACO's proposed Release Criteria for unrestricted release 
under paragraphs 70.38(j) and (k) of part 70 of title 10 of the Code of 
Federal Regulations (10 CFR). On April 19, 2018, ACO submitted the 
Final Status Survey Report (FSSR) for the LCF to the NRC for review and 
approval. On August 7, 2018, the NRC approved ACO's DP for the LCF. On 
May 21-25, 2018, the NRC, with assistance of its contractor the Oak 
Ridge Institute for Science and Education, conducted an independent 
radiological confirmatory survey that included radiation floor and 
drain scans, direct radiation measurements, and smear sampling, of the 
LCF. An initial request was submitted by ACO to terminate the LCF 
license on August 9, 2018. As documented in its safety evaluation 
report issued in September 2019, the NRC found reasonable assurance 
that ACO had appropriately decommissioned the LCF in accordance with 
the requirements of 10 CFR part 20 ``Standards for Protection Against 
Radiation'' based on a thorough review of the FSSR and the results of 
the NRC staff's independent confirmatory survey.
    As previously mentioned in this notice, ACO initially requested 
termination of the LCF license on August 9, 2018. ACO withdrew its 
license termination request on June 27, 2019, after the DOE contracted 
with ACO to demonstrate the production of HALEU. ACO was authorized to 
install the HALEU cascade under the NRC-approved programs, such as 
those described in the classified matter and computer network security 
plans, that were part of the LCF license, SNM-7003. In accordance with 
SNM-7003, no radioactive material was brought onsite after the LCF was 
decommissioned. ACO sought to operate the HALEU cascade under an 
amendment to license, SNM-2011, to allow use of SNM for the purpose of 
producing HALEU at the Piketon site. On June 12, 2023, the NRC approved 
the introduction of UF<INF>6</INF> into the HALEU cascade under the ACO 
license for the ACP, SNM-2011. Therefore, ACO no longer needs to 
maintain the LCF license SNM-7003 to perform the HALEU program.
    On November 2, 2023, ACO submitted a second application to 
terminate the LCF license and on January 5, 2024, the NRC staff 
accepted the submission for detailed technical review. As the final 
step in its decommissioning of the LCF, ACO submitted Form 314, 
``Certificate of Disposition of Materials,'' to the NRC by letter dated 
April 25, 2024. The NRC staff finds ACO's certification that all 
licensed material within the LCF has been adequately dispositioned, in 
accordance with 10 CFR 70.38(j)(1).

II. License Termination

    The termination of NRC licenses issued under 10 CFR part 70 is 
governed by 10 CFR 70.38, ``Termination of license.'' As noted, ACO: 
(1) permanently ceased principal activities under SNM-7003 in 2016 and 
(2) has not carried out principal activities with radioactive material 
under the LCF license for a period of 24 months. The NRC staff found 
reasonable assurance that ACO had appropriately decommissioned the LCF 
and appropriately certified that all licensed material under SNM-7003 
had been adequately dispositioned. The NRC staff published those 
findings in its safety evaluation report of September 2019. The 
Commission grants ACO's request to terminate SNM-7003. The NRC staff 
will present its findings in the LCF License Termination Approval 
letter, to be issued to ACO on the date of this notice. This license 
termination will be effective upon ACO's acknowledgement of receipt of 
the NRC's termination letter.

III. Environmental Assessment

    License termination is a Federal action that requires an 
environmental assessment (EA) under 10 CFR 51.21, ``Criteria for and 
identification of licensing and regulatory actions requiring 
environmental assessments.'' The NRC prepared the following EA for the 
license termination.

Description of the Proposed Action

    The NRC is terminating license SNM-7003 because the LCF is no 
longer in use and has been decommissioned as described in this notice. 
In 2018, the NRC staff prepared an EA for the NRC's review and approval 
of a decommissioning plan (DP) for the LCF submitted by the licensee in 
January 2018. The 2018 EA determined that decommissioning of the LCF as 
described in the DP would not significantly affect the quality of the 
human environment. The NRC staff issued that EA and a finding of no 
significant impact (FONSI) on August 1, 2018. Due to the time elapsed 
between the publication of the 2018 EA and FONSI and the date of the 
current license termination request, the NRC staff conducted an 
environmental review to confirm the staff's findings and consult with 
state agencies on the current license termination request.

Need for the Proposed Action

    The license should be terminated because the LCF is no longer in 
use and has been completely decommissioned in accordance with NRC 
requirements for unrestricted release in 10 CFR 20.1402.

Environmental Impacts of the Proposed Action

    The NRC staff reassessed the potential for the license termination 
to affect environmental resources and worker and public health and 
safety. As described in this notice, the NRC staff confirms its 
findings from the September 2019 safety evaluation report that the LCF 
could be released for unrestricted use. No radioactive material has 
been brought onsite under the LCF license SNM-7003 since that time and 
only the administrative act of terminating the license remains. The NRC 
staff confirms its previous determination that the proposed license 
termination would not affect land use; historic or cultural resources; 
visual or scenic resources; air quality; geology or soils; water 
resources; ecological resources; socioeconomics; noise; traffic or 
transportation; public or worker health and safety; or waste 
management.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered the 
``no-action'' alternative. Under the no-action

[[Page 88820]]

alternative, the NRC would deny ACO's request for license termination. 
This alternative is not reasonable because licensed activities are no 
longer occurring under license SNM-7003, and the facility is 
decommissioned. As such, no purpose exists for the license to remain in 
effect.

Agencies and Persons Consulted

    The NRC staff provided the draft EA to the State of Ohio for 
review. The NRC received no comments on the EA.
    Section 106 of the National Historic Preservation Act (NHPA) 
requires Federal agencies to consider the effects of their undertakings 
on historic properties. The proposed license termination is not a type 
of activity that has the potential to cause effects on any historic 
properties that may be present. Therefore, in accordance with 36 CFR 
800.3(a)(1), the NRC has no further obligation under section 106 of the 
NHPA. Nevertheless, on September 20, 2024, the NRC staff notified the 
Ohio State Historic Preservation Office of the proposed license 
termination.
    Section 7 of the Endangered Species Act (ESA) requires that, prior 
to taking a proposed action, Federal agencies determine whether the 
proposed Federal action may affect endangered or threatened species or 
their critical habitats. The proposed license termination has no 
potential to affect any special status species or habitats. Therefore, 
no consultation is required under Section 7 of the ESA.

IV. Finding of No Significant Impact

    The NRC staff prepared this EA as part of its review of the 
proposed action. On the basis of this EA, the NRC finds that there are 
no significant environmental impacts from the license termination, and 
that preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC determined that a FONSI is appropriate. In 
accordance with 10 CFR 51.32(a)(4), this FONSI incorporates the EA set 
forth in this notice by reference.

V. Availability of Documents

    The documents identified in this notice are available to interested 
persons through ADAMS.

------------------------------------------------------------------------
                                                ADAMS accession No. or
            Document description               Federal Register notice
------------------------------------------------------------------------
Letter to S. Toelle of Centrus: Approval of  ML16330A249.
 License Amendment Request to Remove
 Authorization to Enrich Uranium at the
 American Centrifuge Lead Cascade Facility,
 dated December 23, 2016.
Letter to J. Zimmerman of NRC and            ML18025B308.
 Affidavit: Submittal of Revision to the
 Decommissioning Plan [update] for the
 American Centrifuge Lead Cascade Facility,
 dated January 5, 2018.
Enclosures 1, 2 and 3: DP-2605-0001,         ML18025B310.
 Decommissioning Plan for the American
 Centrifuge Lead Cascade Facility, dated
 January 4, 2018.
Letter to J. Zimmerman of NRC: Submittal of  ML18145A130.
 Final Status Survey Report for the
 American Centrifuge Lead Cascade Facility
 Decommissioning Project, dated April 19,
 2018.
Enclosure 1: DP-2605-0002, Revision 0,       ML18145A131.
 Final Status Survey Report for the
 American Centrifuge Lead Cascade Facility
 Decommissioning Project, dated April 19,
 2018.
Enclosure 3: Appendix B of the FSSR, Final   ML18145A132.
 Status Surveys [Redacted], dated April 13,
 2018.
Enclosure 4: Appendix C of the FSSR, RESRAD- ML18145A133.
 BUILD Evaluations, dated April 13, 2018.
Letter to J. Smith of NRC: Independent       ML18233A343.
 Confirmatory Survey Results for the Lead
 Cascade Facility, dated August 16, 2018.
NRC Letter to Ohio Department of Health      ML18130A472.
 Providing Draft Environmental Assessment
 for the American Centrifuge Lead Cascade
 Facility Decommissioning Plan, dated June
 12, 2018.
Email and Letter from Ohio Department of     ML18193A742 (Package).
 Health Indicating No Comments on the Draft
 Environmental Assessment for the Approval
 of the Decommissioning Plan for the
 American Centrifuge Lead Cascade Facility,
 dated July 6, 2018.
Final Environmental Assessment for the       ML18204A294.
 Decommissioning Plan for the American
 Centrifuge Lead Cascade Facility in
 Piketon, Ohio, dated July 2018.
Federal Register Notice for Issuance of      (83 FR 37530) ML18200A089.
 Environmental Assessment and Finding of No
 Significant Impact, issued July 26, 2018.
Letter to S. Toelle of Centrus: NRC          ML18192B477.
 Approval of Decommissioning Plan for the
 American Centrifuge Lead Cascade Facility,
 dated August 7, 2018.
Enclosure 1: Safety Evaluation Report on     ML18192B644.
 Centrus Energy Corp. Amendment Request for
 Approval of American Centrifuge Lead
 Cascade Facility Decommissioning Plan and
 Associated Supporting Documents, dated
 August 7, 2018.
Enclosure 3: NRC Form 374--Redacted          ML18192B828.
 Amendment 15 to License SNM-7003 for
 American Centrifuge Operating, LLC, dated
 August 7, 2018.
ACO Transmittal Letter to the NRC for        ML18249A298.
 Termination of American Centrifuge Lead
 Cascade Facility NRC Materials License,
 dated August 9, 2018.
Letter to D. Fosson of ACO: NRC Inspection   ML18260A122.
 Report No. 07007003/2018001 (DNMS)--
 American Centrifuge Operating LLC, Lead
 Cascade Facility, dated September 12, 2018.
Letter to M. Dapas of NRC: Termination of    ML18249A298.
 American Centrifuge Lead Cascade Facility
 NRC Materials License, dated August 9,
 2018.
Letter to J. Lubinski of NRC: American       ML19186A272.
 Centrifuge Lead Cascade Facility
 Withdrawal of Request to Terminate the
 American Centrifuge Lead Cascade NRC
 Materials License, dated June 27, 2019.
Letter to K. Wiehle of ACO: Approval of      ML19228A096.
 Centrus Energy Corp Final Status Survey
 Report and Request to Cancel Its
 Decommissioning Funding Instrument for the
 American Centrifuge Lead Cascade Facility,
 dated September 23, 2019.
Enclosure 1--Safety Evaluation Report on     ML19228A097.
 Centrus Energy Corp. Request for Review
 and Approval of American Centrifuge Lead
 Cascade Facility Final Status Survey
 Report and Request for Termination of
 Decommissioning Funding, dated September
 23, 2019.
Enclosure 2: NRC Form 374--Amendment 16 of   ML19228A098.
 License (Public), dated September 23, 2019.
Letter to J. Lubinski of NRC [License        ML23311A313.
 Termination Request]: American Centrifuge
 Lead Cascade Facility; Docket Number 70-
 7003; License Number SNM-7003, dated
 November 2, 2023.
Email to K. Fitch of ACO: Acceptance for     ML24008A015.
 Detailed Review Email for Centrus/ACO's
 Request to Terminate its Lead Cascade
 Facility License SNM-2003, January 5, 2024.

[[Page 88821]]

 
Letter to J. Lubinski of NRC: American       ML24135A205.
 Centrifuge Lead Cascade Facility--
 Submittal of NRC Form 314, Certificate of
 Disposition of Materials, dated April 25,
 2024.
Memorandum to S. Lav of NRC: Adequacy of     ML24260A089.
 ACO's Form 314 Certification, dated April
 25, 2024; dated September 19, 2024.
Email to State of Ohio Requesting Review of  ML24284A321.
 EA for Proposed Lead Cascade Facility
 License Termination, dated September 20,
 2024.
Email to Ohio SHPO re: EA for Proposed Lead  ML24284A322.
 Cascade Facility License Termination,
 dated September 20, 2024.
Response from State of Ohio re: EA for Lead  ML24284A318.
 Cascade Facility License Termination,
 dated October 8, 2024.
Letter to K. Fitch of ACO: License           ML24283A205 (Package).
 Termination Package for Special Nuclear
 Materials License Number SNM-7003 For The
 American Centrifuge Lead Cascade Facility,
 dated November 2024.
------------------------------------------------------------------------


    Dated: November 5, 2024.

    For the Nuclear Regulatory Commission.
Shana Helton,
Director, Division of Fuel Management, Office of Nuclear Materials 
Safety and Safeguards.
[FR Doc. 2024-26006 Filed 11-7-24; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>