[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Notices]
[Page 10090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5387]



[[Page 10090]]

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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 40-8681, 40-9024]


Energy Fuels Nuclear, Inc.; Notice of Opportunity for Hearing

SUMMARY: Notice is hereby given that Energy Fuels Nuclear, Inc. (EFN) 
has requested U.S. Nuclear Regulatory Commission approval for the 
transfer of NRC Source Material License Nos. SUA-1358 and SUA-1558, for 
the White Mesa uranium mill and the Reno Creek facility, respectively, 
to International Uranium (USA) Corporation. EFN's request was 
transmitted to NRC by letter dated December 31, 1996. The NRC staff is 
in the process of reviewing the request.

FOR FURTHER INFORMATION CONTACT: Mr. James R. Park, Uranium Recovery 
Branch, Mail Stop TWFN 7-J9, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, D.C. 20555. Telephone 301/415-6699.

SUPPLEMENTARY INFORMATION: Section 184 of the Atomic Energy Act of 
1954, as amended, states, in part, that no license granted under the 
Atomic Energy Act of 1954, as amended, can 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. Section 40.41(b) of the Commission's 
regulations, in Title 10 of the Code of Federal Regulations (CFR), 
states that neither the license, nor any right under the license, can 
be assigned or otherwise transferred in violation of the provisions of 
the Atomic Energy Act of 1954, as amended. Section 40.46 of the 
Commission's regulations requires, in part, the Commission's consent in 
writing to any transfer of control of a license. In addition, 10 CFR 
40.51(a) provides that no licensee shall transfer source or byproduct 
material except as authorized pursuant to that section, while 10 CFR 
40.51(b)(5) provides, in part, that a licensee may transfer source or 
byproduct material to any person authorized to receive such material 
under terms of a specific or general license issued by the Commission.
    EFN's letter requesting the proposed action, and the accompanying 
supporting information, are available for public inspection and copying 
at the NRC Public Document Room, in the Gelman Building, 2120 L Street 
N.W., Washington, DC 20555.

Notice of Opportunity for Hearing

    The Commission hereby provides notice that this is a proceeding on 
an application for a licensing action falling within the scope of 
Subpart L, ``Informal Hearing Procedures for Adjudications in Materials 
Licensing Proceedings, of the Commission's Rules of Practice for 
Domestic Licensing Proceedings in 10 CFR Part 2'' (54 FR 8269). 
Pursuant to Sec. 2.1205(a), any person whose interest may be affected 
by this proceeding may file a request for a hearing. In accordance with 
Sec. 2.1205(c), a request for a hearing must be filed within thirty 
(30) days from the date of publication of this Federal Register notice. 
The request for a hearing must be filed with the Office of the 
Secretary either:
    (1) By delivery to the Docketing and Service Branch of the Office 
of the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852; or
    (2) By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Docketing and 
Service Branch.
    Each request for a hearing must also be served, by delivering it 
personally or by mail to:
    (1) The applicant, Energy Fuels Nuclear, Inc., 1515 Arapahoe 
Street, Suite 900, Denver, CO 80202;
    (2) The NRC staff, by delivery to the Executive Director of 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, or by mail addressed to the Executive Director for Operations, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the Commission's regulations, a request for a hearing filed by a 
person other than an applicant must describe in detail:
    (1) The interest of the requestor in the proceeding;
    (2) How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in 
Sec. 2.1205(g);
    (3) the requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    (4) The circumstances establishing that the request for a hearing 
is timely in accordance with Sec. 2.1205(c).
    Any hearing that is requested and granted will be held in 
accordance with the Commission's Informal Hearing Procedures for 
Adjudications in Materials Licensing Proceedings in 10 CFR Part 2, 
Subpart L.

    Dated at Rockville, Maryland, this 24th day of February 1997.

    For the Nuclear Regulatory Commission.
Joseph J. Holonich,
Chief, Uranium Recovery Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 97-5387 Filed 3-4-97; 8:45 am]
BILLING CODE 7590-01-P