Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 8587 

Plenary Open 

Open Session: 2 p.m.–3:30 p.m. 

• Approval of December 2008 Minutes. 

• Chairman’s Report. 

• Director’s Report. 

• Open Committee Reports. 

Ann Ferrante, 

Writer-Editor. 

[FR Doc. E9–4054 Filed 2–24–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–25; NRC–2009–0076] 

Foster Wheeler Environmental 

Corporation; Idaho Spent Fuel Facility; 

Notice of Docketing and Consideration 

of Approval of Transfer of Materials 

License and Conforming Amendment 

and Opportunity for a Hearing 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of docketing and 

consideration of approval of transfer of 

Special Nuclear Materials License No. 

2512, to the Department of Energy, and 

conforming amendment and 

opportunity to request a hearing. 

FOR FURTHER INFORMATION CONTACT: 

Shana Helton, Senior Project Manager, 

Licensing Branch, Division of Spent 

Fuel Storage and Transportation, Office 

of Nuclear Material Safety and 

Safeguards (NMSS), U.S. Nuclear 

Regulatory Commission (NRC), 

Rockville, MD 20852. Telephone: (301) 

492–3284; fax number: (301) 492–3348; 

e-mail: shana.helton@nrc.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Nuclear Regulatory Commission (the 

Commission) is considering the 

issuance of an order under 10 CFR 72.50 

approving the direct transfer of Special 

Nuclear Materials (SNM) License No. 

2512 for the Idaho Spent Fuel (ISF) 

Facility independent spent fuel storage 

installation currently held by Foster 

Wheeler Environmental Corporation 

(FWENC). The transfer would be to the 

Department of Energy (DOE). The 

Commission is also considering 

amending the license for administrative 

purposes to reflect the proposed 

transfer. 

According to an application for 

approval filed by DOE, DOE would 

become responsible for the construction, 

operation, and maintenance of the ISF 

facility following approval of the 

proposed license transfer. 

No physical changes to the ISF facility 

or operational changes are being 

proposed in the application. The 

proposed amendment would replace 

references to FWENC in the license and 

its supporting documentation with 

references to DOE to reflect the 

proposed transfer. 

Pursuant to 10 CFR 72.50, no license, 

or any right thereunder, shall be 

transferred, directly or indirectly, 

through transfer of control of the 

license, unless the Commission shall 

give its consent in writing. The 

Commission will approve an 

application for the direct 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, and the regulations 

and orders issued by the Commission. 

Before issuance of the proposed 

conforming license amendment, the 

Commission will have made findings 

required by the Atomic Energy Act of 

1954, as amended (the Act), and the 

Commission’s regulations. 

As provided in 10 CFR 2.1315, unless 

otherwise determined by the 

Commission with regard to a specific 

application, the Commission has 

determined that any amendment to the 

license of an Independent Spent Fuel 

Storage Installation which does no more 

than conform the license to reflect the 

transfer action involves no significant 

hazards consideration and no genuine 

issue as to whether the health and safety 

of the public will be significantly 

affected. No contrary determination has 

been made with respect to this specific 

license amendment application. In light 

of the generic determination reflected in 

10 CFR 2.1315, no public comments 

with respect to significant hazards 

considerations are being solicited. 

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. 

Within 20 days from the date of 

publication of this notice, any person(s) 

whose interest may be affected by the 

Commission’s action on the application 

may request a hearing and intervention 

via electronic submission through the 

NRC E-filing system. 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 ‘‘Rules of General 

Applicability: Hearing Requests, 

Petitions to Intervene, Availability of 

Documents, Selection of Specific 

Hearing Procedures, Presiding Officer 

Powers, and General Hearing 

Management for NRC Adjudicatory 

Hearings,’’ 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). 

A request for hearing or a petition for 

leave to intervene must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139) and codified 

within the various provisions of Subpart 

C of 10 CFR Part 2. The E-Filing process 

requires participants to submit and 

serve 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 a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

hearing.docket@nrc.gov, or by calling 

(301) 415–1677, to request (1) a digital 

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/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it 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 public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

documents through EIE. To be timely, 


pwalker on PROD1PC71 with NOTICES
8588 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 

an electronic filing must be submitted to 

the EIE 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 e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC 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 may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209 

or locally, (301) 415–4737. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file a 

motion, 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, Maryland 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 firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted, based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). To be timely, 

filings must be submitted no later than 

11:59 p.m. Eastern Time on the due 

date. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/ehd_proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a 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. 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 submissions. 

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. 

Within 30 days from the date of 

publication of this notice, 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 

are not subject to the E-filing rule and 

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. 

For further details with respect to this 

license transfer application, see the 

application dated May 30, 2008, 

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. 

The ADAMS Accession number for the 

license transfer application is 

ML081630246. 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 

by e-mail to pdr.resource@nrc.gov. 

Dated at Rockville, Maryland this 18th day 

of February 2009. 

For the Nuclear Regulatory Commission. 

Shana Helton, 

Senior Project Manager, Licensing Branch, 

Division of Spent Fuel Storage and Transport, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. E9–4024 Filed 2–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Weeks of February 23, March 2, 

9, 16, 23, 30, 2009. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and closed. 

Week of February 23, 2009 

There are no meetings scheduled for 

the week of February 23, 2009. 

Week of March 2, 2009—Tentative 

Friday, March 6, 2009 

9:30 a.m. Briefing on Guidance for 

Implementation of Security Rulemaking 

(Public Meeting) (Contact: Rich Correia, 

301–415–7674). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

1:30 p.m. Briefing on Guidance for 

Implementation of Security Rulemaking 

(Closed—Ex. 3). 

Week of March 9, 2009—Tentative 

There are no meetings scheduled for 

the week of March 9, 2009. 

Week of March 16, 2009—Tentative 

Monday, March 16, 2009 

9:30 a.m. Briefing on State of 

Nuclear Materials and Waste Programs 

(Public Meeting) (Contact: Tammy 

Bloomer, 301–415–1725). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

Tuesday, March 17, 2009 

1:30 p.m. Briefing on State of 

Nuclear Reactor Safety Programs (Public 

Meeting) (Contact: Tammy Bloomer, 

301–415–1725). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 


pwalker on PROD1PC71 with NOTICES