[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Pages 10727-10730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04136]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1151; NRC-2015-0039]


Westinghouse Electric Company, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to request a hearing 
and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an 
application from the Westinghouse Electric Company, LLC (Westinghouse 
or the licensee) to renew special nuclear material (SNM) license number 
SNM-1107 that authorizes Westinghouse to manufacture nuclear fuel 
assemblies at the Columbia Fuel Fabrication Facility (CFFF) in Hopkins, 
SC, for use in commercial nuclear power plants. The license renewal 
would allow Westinghouse to continue licensed activities for 40 years 
from the date that a renewed license is issued.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by April 28, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0039 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0039. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#77341605181b5930161b1b16101f12053719051459101801"><span class="__cf_email__" data-cfemail="99daf8ebf6f5b7def8f5f5f8fef1fcebd9f7ebfab7fef6ef">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.

[[Page 10728]]

    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#d3a3b7a1fda1b6a0bca6a1b0b693bda1b0fdb4bca5"><span class="__cf_email__" data-cfemail="85f5e1f7abf7e0f6eaf0f7e6e0c5ebf7e6abe2eaf3">[email protected]</span></a>. For 
the convenience of the reader, the ADAMS accession numbers are provided 
in a table in the ``Availability of Documents'' section of this 
document.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Christopher Ryder, Office of Nuclear 
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-287-0651; email: 
<a href="/cdn-cgi/l/email-protection#612209130812150e110904134f3318050413210f13024f060e17"><span class="__cf_email__" data-cfemail="03406b716a70776c736b66712d517a676671436d71602d646c75">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC has received, by letter dated November 30, 2012, and 
revised/supplemented on July 31, 2014, and December 27, 2014, a request 
to renew SNM license number SNM-1107, authorizing Westinghouse to 
manufacture nuclear fuel assemblies at the CFFF in Hopkins, South 
Carolina, for use in commercial nuclear power plants. The manufacturing 
operations consist of receiving low-enriched (i.e., less than or equal 
to 5.0 weight percent U-235) uranium in the form of uranium 
hexafluoride; converting the uranium hexafluoride into uranium dioxide 
powder using the ammonium diuranate process; pressing the uranium 
dioxide powder into fuel pellets; loading the fuel pellets into fuel 
rods; and bundling the fuel rods into fuel assemblies. The license 
renewal would allow Westinghouse to continue licensed activities for 40 
years from the date that the license is issued. The current license was 
issued on September 30, 2007, for a period of 20 years. The expiration 
date of the current license is September 30, 2027. The licensee is 
authorized to use SNM under Part 70 of Title 10 of the Code of Federal 
Regulations (10 CFR).
    An NRC administrative completeness review, dated December 30, 2014, 
found the application acceptable for a technical review. During the 
technical review, the NRC will be reviewing the application in areas of 
the site description, organization of the CFFF, integrated safety 
analysis, radiation protection, nuclear criticality safety, chemical 
process safety, fire safety, emergency management, environmental 
protection, decommissioning, management measures, physical security, 
and nuclear material control. Prior to approving the request to renew 
SNM license number SNM-1107, the NRC will need to make the findings 
required by the Atomic Energy Act of 1954, as amended (the Act), and 
the NRC's regulations. The NRC's findings will be documented in a 
safety evaluation report. Regarding the proposed action, the NRC will 
also make findings consistent with the National Environmental Policy 
Act and 10 CFR part 51.

II. Opportunity To Request a Hearing and Petition To Intervene

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license or 
combined license. Requests for a hearing and a petition to intervene 
shall be filed in accordance with the Commission's ``Agency Rules of 
Practice and Procedure'' in 10 CFR part 2. Interested person(s) should 
consult a current copy of 10 CFR 2.309, which is available at the NRC's 
PDR, located in One White Flint North, Room O1-F21 (first floor), 11555 
Rockville Pike, Rockville, Maryland 20852. The NRC's regulations are 
accessible electronically from the NRC Library on the NRC's Web site at 
http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a 
hearing or petition to intervene is filed within 60 days, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel will rule on the request and/or petition. The Secretary or the 
Chief Administrative Judge of the Atomic Safety and Licensing Board 
will issue a notice of hearing or an appropriate order.
    As required by 10 CFR 2.309, 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 general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include 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 amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy 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 with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence, consistent 
with NRC regulations, policies, and procedures. The Atomic Safety and 
Licensing Board will set the time and place for any prehearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions to intervene, and motions for leave to file new or amended 
contentions that are filed after the 60-day deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying

[[Page 10729]]

the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
    A State, local governmental body, Federally-recognized Indian 
tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by April 
28, 2015. The petition must be filed in accordance with the filing 
instructions in the ``Electronic Submissions (E-Filing)'' section of 
this document, and should meet the requirements for petitions for leave 
to intervene set forth in this section, except that under Sec.  
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
April 28, 2015.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#cea6abafbca7a0a9e0aaa1ada5abba8ea0bcade0a9a1b8"><span class="__cf_email__" data-cfemail="e58d8084978c8b82cb818a868e8091a58b9786cb828a93">[email protected]</span></a>, or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's
    E-Filing system. To be timely, an electronic filing must be 
submitted to the E-Filing system no later than 11:59 p.m. Eastern Time 
on the due date. Upon receipt of a transmission, the
    E-Filing system time-stamps the document and sends the submitter an 
email notice confirming receipt of the document. The E-Filing system 
also distributes an email notice that provides access to the document 
to the NRC's Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the documents on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before a hearing request/petition to intervene 
is filed so that they can obtain access to the document via the E-
Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
<a href="/cdn-cgi/l/email-protection#1f524c575b314d7a6c706a6d7c7a5f716d7c31787069"><span class="__cf_email__" data-cfemail="2469776c600a7641574b51564741644a56470a434b52">[email protected]</span></a>, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, Attention: Rulemaking and Adjudications Staff Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the

[[Page 10730]]

document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, except 
for limited excerpts that serve the purpose of the adjudicatory filings 
and would constitute a Fair Use application, participants are requested 
not to include copyrighted materials in their submission.

IV. Availability of Documents

    The documents identified in the following table are available in 
ADAMS to interested persons.

------------------------------------------------------------------------
           Document            Adams Accession No.       Description
------------------------------------------------------------------------
Letter from G. Couture,        ML12338A041........  Initial application
 Westinghouse, ``Westinghouse                        to renew license
 License Renewal                                     SNM-1107 for a
 Application'', November 30,                         period of 40 years.
 2013.
Letter to C. Snyder,           ML13024A083........  Letter informing
 Westinghouse, Deferring                             Westinghouse that
 Review Of Application For A                         NRC intends to
 40-Year Renewal Of Special                          defer the review of
 Nuclear Materials License                           the renewal
 SNM-1107'', February 7, 2013.                       application so as
                                                     to budget and plan
                                                     for the review.
Letter from N. Parr,           ML14213A105........  Resubmitted
 Westinghouse, ``SNM-1107                            application to
 License Renewal'', July 31,                         renew license SNM-
 2014.                                               1107 for a period
                                                     of 40 years.
Note from C. Ryder, U.S.       ML14276A432........  Summary of a meeting
 Nuclear Regulatory                                  between NRC and
 Commission, ``Summary of                            Westinghouse to
 Meetings: Westinghouse 40-                          discuss
 Year License Renewal:                               supplementing the
 Acceptance Review'', October                        application to
 3, 2014.                                            renew license SNM-
                                                     1107.
Letter from R. Johnson, U.S.   ML14295A208........  Letter from NRC to
 Nuclear Regulatory                                  Westinghouse
 Commission, ``Supplemental                          discussing the
 Information Needed To Begin                         information that is
 A Technical Review Of The 40-                       needed to begin a
 Year License Renewal                                technical review of
 Application'', October 24,                          the application to
 2014.                                               renew license SNM-
                                                     1107.
Memorandum from C. Ryder,      ML14356A353........  Summary of meeting
 U.S. Nuclear Regulatory                             between NRC and
 Commission, ``Westinghouse                          Westinghouse
 Electric Company: Meeting                           discussing the
 Summary--Nuclear Regulatory                         letter Westinghouse
 Commission Staff                                    dated October 24,
 Expectations For                                    2014, regarding
 Supplementing The License                           information to
 Renewal Application Dated                           supplement license
 July 31, 2014, Of The                               SNM-1107.
 Columbia Fuel Fabrication
 Facility'', January 12, 2015.
Letter from N. Parr,           ML14352A111........  Revised application
 Westinghouse, ``SNM-1107                            to renew license
 License Renewal                                     SNM-1107.
 Supplement'', December 17,
 2014.
Letter from C. Ryder, U.S.     ML14364A017........  Letter from NRC to
 Nuclear Regulatory                                  Westinghouse
 Commission, ``Acceptance For                        informing
 Technical Review: ``SNM-1107                        Westinghouse that
 License Renewal                                     the revised
 Supplement,'' Dated December                        application dated
 17, 2014 (Technical                                 December 17, 2014,
 Assignment Control Number                           has sufficient
 L33317)'', December 30, 2014.                       information for the
                                                     NRC staff to
                                                     perform a technical
                                                     review.
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 18th day of February 2015.

    For the Nuclear Regulatory Commission.
Robert K. Johnson,
Chief, Fuel Manufacturing Branch, Division of Fuel Cycle Safety, 
Safeguards, and Environmental Review, Office of Nuclear Materials 
Safety and Safeguards.
[FR Doc. 2015-04136 Filed 2-26-15; 8:45 am]
BILLING CODE 7590-01-P


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