Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 18749 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

Personal information will not be 

removed from your comments. You may 

submit comments by any of the 

following methods: 

1. Mail comments to: Rulemaking and 

Directives Branch, TWB–5–A01, Office 

of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

2. E-mail comments to: 

nrcrep.resource@nrc.gov. 

3. Fax comments to: Rulemaking and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission at (301) 492–3446. 

Requests for technical information 

about DG–1220 may be directed to the 

NRC contact, Bruce Lin at (301) 251– 

7653 or e-mail to Bruce.Lin@nrc.gov. 

Comments would be most helpful if 

received by June 26, 2009. Comments 

received after that date will be 

considered if it is practical to do so, but 

the NRC is able to ensure consideration 

only for comments received on or before 

this date. Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–1220 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML090490183. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at 11555 Rockville Pike, 

Rockville, Maryland. The PDR’s mailing 

address is USNRC PDR, Washington, DC 

20555–0001. The PDR can also be 

reached by telephone at (301) 415–4737 

or (800) 397–4205, by fax at (301) 415– 

3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 17th day 

of April 2009. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. E9–9406 Filed 4–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos.: 70–7003, 70–7004] 

USEC, Inc.; American Centrifuge Plant; 

American Centrifuge Lead Cascade 

Facility; Notice of Receipt of a License 

Transfer Application and 

Consideration of Approval of 

Application Regarding Proposed 

Corporate Restructuring and 

Conforming Amendment and 

Opportunity To Provide Comments and 

Request a Hearing; [NRC–2009–0177] 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of request for written 

consent to transfer control of materials 

license and opportunity to request a 

hearing and provide written comments. 

DATES: A request for a hearing must be 

filed by May 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Osiris Siurano, Project Manager, 

Uranium Enrichment Branch, Division 

of Fuel Cycle Safety and Safeguards, 

Office of Nuclear Material Safety and 

Safeguards, Nuclear Regulatory 

Commission, Washington, DC 20555. 

Telephone: (301) 492–3117; Fax 

number: (301) 492–3359; e-mail: 

Osiris.Siurano-Perez@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (the Commission or NRC) 

is considering an application for 

approval of a transfer of control 

regarding Special Nuclear Material 

License Nos. SNM–7003 and SNM– 

2011. These licenses were issued on 

February 24, 2004, and April 13, 2007, 

respectively, to USEC Inc., (the 

Licensee), for its American Centrifuge 

Lead Cascade Facility (LCF) and 

American Centrifuge Plant (ACP), both 

located at the Portsmouth Gaseous 

Diffusion Plant site in Piketon, Ohio. 

The licenses authorize the Licensee to: 

(1) possess and use source and special 

nuclear material at the LCF; and, 

(2) construct and operate a gas 

centrifuge uranium enrichment facility, 

the ACP. 

The application now being considered 

is dated February 10, 2009. The 

Licensee proposes to modify its existing 

corporate structure and has established 

a subsidiary limited liability 

corporation, American Centrifuge 

Holdings, LLC. American Centrifuge 

Holding, LLC consists of three 

additional subsidiaries: American 

Centrifuge Technology, LLC, American 

Centrifuge Enrichment, LLC, and 

American Centrifuge Operating, LLC. 

The Licensee requests NRC consent to 

transfer control of License Nos. SNM– 

7003 and SNM–2011 from USEC Inc. to 

the subsidiary limited liability 

company, American Centrifuge 

Operating, LLC. In addition, the 

Licensee requests NRC approval of 

changes to the LCF and the ACP 

Material Licenses, License Applications, 

and Security Program documents to 

reflect the changes in the Licensee’s 

corporate structure. No physical or 

operational changes to the LCF or the 

ACP are being proposed. An NRC 

administrative review, documented in 

an e-mail sent to the Licensee on March 

27, 2009, (ADAMS accession number 

ML090860886), found the application 

acceptable to begin a more detailed 

technical review. If the application is 

granted, the license would be amended 

for administrative purposes to reflect 

the transfer, by replacing references in 

the license to USEC Inc., with references 

to American Centrifuge Operating, LLC. 

Pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR), Section 

2.1301, the Commission is noticing in 

the Federal Register the receipt of the 

application for approval of the transfer 

of SNM–7003 and SNM–2001 because 

they involve major fuel cycle facilities 

licensed under 10 CFR part 70. The NRC 

is considering the issuance of an order 

in accordance with 10 CFR 70.36, 

authorizing the transfer of control from 

USEC, Inc. to American Centrifuge 

Operating, LLC. Pursuant to 10 CFR 

70.36, no license granted under 10 CFR 

part 70, and no right thereunder to 

possess or utilize special nuclear 

material granted by any license issued 

pursuant to the regulations in this part, 

shall be transferred, assigned, or in any 

manner disposed of, either voluntary or 

involuntary, 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 (AEA), and gives its 

consent in writing. The Commission 

will approve an application for the 

transfer of a license, if the Commission 

determines that the proposed 

restructuring and reorganization will 

not affect the qualifications of the 

Licensee 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. 

If the February 10, 2009, application 

is granted, the licenses would be 

amended to reflect the Licensee’s new 

status as an LLC and USEC Inc.’s 

reorganized ownership. Before such a 

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18750 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 

license amendment is issued, the NRC 

will have made the findings required by 

the AEA and NRC’s regulations. These 

findings will be documented in a Safety 

Evaluation Report (SER). An 

Environmental Assessment (EA) will 

not be performed because, pursuant to 

10 CFR 51.22(c)(21), license transfer 

approvals and associated license 

amendments are categorically excluded 

from the requirement to perform an EA. 

II. Opportunity To Request a Hearing 

Within 20 days from the date of 

publication of this notice, any person(s) 

whose interest may be affected, and who 

desires to participate as a party, must 

file a request for a hearing. The hearing 

request must include a specification of 

the contentions that the person seeks to 

have litigated in the hearing, and must 

be filed in accordance with the NRC Efiling rule, which the NRC promulgated 

on August 28, 2007 (72 FR 49139). The 

E-Filing rule 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 five (5) 

days prior to the filing deadline, the 

petitioner/requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (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 ESubmittal 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, 

confirms that a docket has been created, 

and downloads the EIE viewer, he or 

she 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, 

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 

electronic filing Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday. 

The electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must, in 

accordance with 10 CFR 2.302(g), file a 

motion 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 

Social Security 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 submission. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. In accordance 

with 10 CFR 2.309(b), a request for a 

hearing must be filed by May 14, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing filed by a 

person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requestor; 

2. The nature of the requester’s right 

under the AEA to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petitions for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 18751 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions, which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application (including the applicant’s 

environmental report and safety report) 

that the requester/petitioner disputes 

and the supporting reasons for each 

dispute, or, if the requester/petitioner 

believes the application fails to contain 

information on a relevant matter as 

required by law, the identification of 

each failure and the supporting reasons 

for the requester’s/petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information filed by the applicant or 

otherwise available to the petitioner at 

the time the petition is to be filed, such 

as the application, supporting safety 

analysis report, environmental report or 

other supporting document filed by an 

applicant or licensee, or otherwise 

available to the petitioner. On issues 

arising under the National 

Environmental Policy Act, the 

requester/petitioner shall file 

contentions based on the applicant’s 

environmental report. The requester/ 

petitioner may amend those contentions 

or file new contentions if there are data 

or conclusions in the NRC draft, or final 

environmental impact statement, 

environmental assessment, or any 

supplements relating thereto, that differ 

significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

after the initial filing only with leave of 

the presiding officer. 

Each contention shall be given a 

separate numeric or alpha designation 

within one of the following groups: 

1. Technical—primarily concerns 

issues relating to matters discussed or 

referenced in the Safety Evaluation 

Report for the proposed action. 

2. Environmental—primarily concerns 

issues relating to matters discussed or 

referenced in the Environmental Report 

for the proposed action. 

3. Emergency Planning—primarily 

concerns issues relating to matters 

discussed or referenced in the 

Emergency Plan as it relates to the 

proposed action. 

4. Physical Security—primarily 

concerns issues relating to matters 

discussed or referenced in the Physical 

Security Plan as it relates to the 

proposed action. 

5. Miscellaneous—does not fall into 

one of the categories outlined above. 

If the requester/petitioner believes a 

contention raises issues that cannot be 

classified as primarily falling into one of 

these categories, the requester/petitioner 

must set forth the contention and 

supporting bases, in full, separately for 

each category into which the requester/ 

petitioner asserts the contention belongs 

with a separate designation for that 

category. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E-Filing rule, 

within 10 days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

As indicated below, pursuant to 10 

CFR 2.310(g), any hearing would be 

subject to the procedures set forth in 10 

CFR part 2, subpart M. 

III. Opportunity To Provide Written 

Comments 

In accordance with 10 CFR 2.1305, as 

an alternative to requests for hearings 

and petitions to intervene, within 30 

days from the date of publication of this 

notice, persons may submit written 

comments regarding the license transfer 

application. 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 

this Federal Register notice. Comments 

received after 30 days will be 

considered if practicable to do so, but 

only those comments received on or 

before the due date can be assured 

consideration. 

IV. Further Information 

For further details with respect to this 

license transfer application, see the 

application dated February 10, 2009, 

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 numbers for the 

license transfer application are as 

follows: Incoming Request— 

ML090850065; Enclosure 1— 

ML090850083; Enclosure 2—SensitiveProprietary, Non Publically Available; 

Enclosure 3—ML090850095; and, 

Enclosure 4—ML090850098. 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 15th day 

of April 2009. 

For the Nuclear Regulatory Commission. 

Brian W. Smith, 

Chief, Uranium Enrichment Branch, Fuel 

Facility Licensing Directorate, Division of Fuel 

Cycle Safety and Safeguards, Office of 

Nuclear Material Safety and Safeguards. 

[FR Doc. E9–9405 Filed 4–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Request for a License to Export 

Radioactive Waste 

Pursuant to 10 CFR 110.70(b) ‘‘Public 

Notice of Receipt of an Application,’’ 

please take notice that the Nuclear 

Regulatory Commission (NRC) has 

received the following request for an 

export license. Copies of the request are 

available electronically through ADAMS 

and can be accessed through the Public 

Electronic Reading Room (PERR) link 

http://www.nrc.gov/reading-rm.html at 

the NRC Homepage. 

A request for a hearing or petition for 

leave to intervene may be filed within 

thirty days after publication of this 

notice in the Federal Register. Any 

request for hearing or petition for leave 

mstockstill on PROD1PC66 with NOTICES