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[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3110-3114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-960]

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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0028; Docket No. 70-1257]

Notice of Opportunity To Request a Hearing for License Amendment 
Request From AREVA NP, Inc., Richland, WA and Order Imposing Procedures 
for Access to Sensitive Unclassified Non-Safeguards Information and 
Safeguards Information for Contention Preparation

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment and opportunity to request a 
hearing.

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DATES: A request for a hearing must be filed by March 17, 2009.

[[Page 3111]]

FOR FURTHER INFORMATION CONTACT: Rafael L. Rodriguez, Project Manager, 
Fuel Manufacturing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Mail Stop EBB-2-C40M, Washington, DC 
20555-0001, Telephone: (301) 492-3111; Fax number: (301) 492-3363; e-
mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has received, by 
letter dated August 22, 2008, a license amendment application from 
AREVA, requesting an amendment to its Special Nuclear Materials License 
No. SNM-1227 to install and operate a new process at an existing 
building. License No. SNM-1227 authorizes the licensee to receive title 
to, own, acquire, deliver, possess, use, and transfer uranium enriched 
up to 5% wt. for the production of nuclear fuel assemblies for 
commercial light water reactors. Specifically, the amendment would 
allow AREVA to install and operate a process that would recover uranium 
from waste material that contains a relatively low percentage of 
uranium using supercritical carbon dioxide (CO2) at the 
AREVA site located in Richland, Washington.
    An administrative review, documented in a letter to AREVA dated 
September 16, 2008, found the application acceptable to begin a 
detailed technical review. If the NRC approves the amendment, the 
approval will be documented in an amendment to NRC License No. SNM-
1227. However, before approving the proposed amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations. These findings will be 
documented in a Safety Evaluation Report and an Environmental 
Assessment or Environmental Impact Statement.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment regarding a proposed process to 
extract uranium using supercritical CO2. Any person whose 
interest may be affected by this proceeding and who desires to 
participate as a party, must file a request for a hearing and a 
specification of the contentions which the person seeks to have 
litigated in the hearing, in accordance with the NRC E-Filing rule, 10 
CFR 2.302. 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 
ten (10) days prior to the filing deadline, the petitioner/requestor 
must contact the Office of the Secretary by e-mail at 
[email protected], 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 NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer 
TM to access the Electronic Information Exchange (EIE), a 
component of the E-Filing system. The Workplace Forms Viewer 
TM is free and is available at http://www.nrc.gov/site-help/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/apply-certificates.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/e-submittals.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/e-submittals.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 
first-class 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

[[Page 3112]]

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 March 17, 2009.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, a request for a hearing must state:

    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act 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:

    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.
    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 ten days of 
the date the contention is filed, and designate a representative who 
shall have the authority to act for the requester/petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing and/or 
petition for leave to intervene may also address the selection of the 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agency wide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are:

    1. ML082420070: August 22, 2008, letter from R.E. Link Regarding 
Revised Application for Amendment to License No. SNM-11227; 
Installation of Supercritical CO2 Uranium Recovery Process 
(Docket No. 70-1257).

    2. ML082420071: Non-Proprietary Revised Application for Amendment 
to License No. SNM-11227; Installation of Supercritical CO2 
Uranium Recovery Process (Docket No. 70-1257).

    If you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's Public Document Room (PDR), O 1 F21, One 
White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR 
reproduction contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 7th day of January, 2009.

    For the Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facility Licensing Directorate, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Materials Safety and Safeguards.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI) for 
Contention Preparation

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including SUNSI and SGI).
    2. Within ten (10) days after publication of this notice of 
opportunity for hearing, any potential party as defined in 10 CFR 2.4 
who believes access to SUNSI or SGI is necessary for a response to the 
notice may request access to SUNSI or SGI. A ``potential party'' is any 
person who intends or may intend to participate as a party by 
demonstrating standing and the filing of an admissible contention under 
10 CFR 2.309. Requests submitted later than ten (10) days will not be 
considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    3. The requester shall submit a letter requesting permission to 
access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, and provide a copy to the 
Associate General Counsel for Hearings, Enforcement and Administration, 
Office of the General Counsel, Washington, DC 20555-0001. The expedited 
delivery or courier mail addresses for both offices is U.S. Nuclear 
Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The 
e-mail address for the Office of the Secretary and the Office of the 
General Counsel are [email protected] and 
[email protected], respectively. The request must include 
the following information:
    a. A description of the licensing action with a citation to this 
Federal Register Notice of Opportunity for Hearing;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest that could be harmed by 
the action identified in (a);
    c. If the request is for SUNSI, the identity of the individual 
requesting access to SUNSI and the requester's need for the information 
in order to meaningfully participate in this

[[Page 3113]]

adjudicatory proceeding, particularly why publicly available versions 
of the application would not be sufficient to provide the basis and 
specificity for a proffered contention;
    d. If the request is for SGI, the identity of the individual 
requesting access to SGI and the identity of any expert, consultant or 
assistant who will aid the requester in evaluating the SGI, and 
information that shows:
    (i) Why the information is indispensable to meaningful 
participation in this licensing proceeding; and
    (ii) The technical competence (demonstrable knowledge, skill, 
experience, training or education) of the requester to understand and 
use (or evaluate) the requested information to provide the basis and 
specificity for a proffered contention. The technical competence of a 
potential party or its counsel may be shown by reliance on a qualified 
expert, consultant or assistant who demonstrates technical competence 
as well as trustworthiness and reliability, and who agrees to sign a 
non-disclosure affidavit and be bound by the terms of a protective 
order; and
    e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-248 (fingerprint card), and a credit 
check release form completed by the individual who seeks access to SGI 
and each individual who will aid the requester in evaluating the SGI. 
For security reasons, Form SF-85 can only be submitted electronically, 
through a restricted-access database. To obtain online access to the 
form, the requester should contact the NRC's Office of Administration 
at 301-415-0320. The other completed forms must be signed in original 
ink, accompanied by a check or money order payable in the amount of 
$191.00 to the U.S. Nuclear Regulatory Commission for each individual, 
and mailed to the: Office of Administration, Security Processing Unit, 
Mail Stop TWB-05 B32M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0012.
    These forms will be used to initiate the background check, which 
includes fingerprinting as part of a criminal history records check. 
Note: Copies of these forms do not need to be included with the request 
letter to the Office of the Secretary, but the request letter should 
state that the forms and fees have been submitted as described above.
    4. To avoid delays in processing requests for access to SGI, all 
forms should be reviewed for completeness and accuracy (including 
legibility) before submitting them to the NRC. Incomplete packages will 
be returned to the sender and will not be processed.
    5. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.d above, the NRC staff will determine within ten 
days of receipt of the written access request whether (1) there is a 
reasonable basis to believe the petitioner is likely to establish 
standing to participate in this NRC proceeding, and (2) there is a 
legitimate need for access to SUNSI or need to know the SGI requested. 
For SGI, the need to know determination is made based on whether the 
information requested is necessary (i.e., indispensable) for the 
proposed recipient to proffer and litigate a specific contention in 
this NRC proceeding and whether the proposed recipient has the 
technical competence (demonstrable knowledge, skill, training, 
education, or experience) to evaluate and use the specific SGI 
requested in this proceeding.
    6. If standing and need to know SGI are shown, the NRC staff will 
further determine, based upon completion of the background check, 
whether the proposed recipient is trustworthy and reliable. The NRC 
staff will conduct (as necessary) an inspection to confirm that the 
recipient's information protection systems are sufficient to protect 
SGI from inadvertent release or disclosure. Recipients may opt to view 
SGI at the NRC's facility rather than establish their own SGI 
protection program to meet SGI protection requirements.
    7. A request for access to SUNSI or SGI will be granted if:
    a. The request has demonstrated that there is a reasonable basis to 
believe that a potential party is likely to establish standing to 
intervene or to otherwise participate as a party in this proceeding;
    b. The proposed recipient of the information has demonstrated a 
need for SUNSI or a need to know for SGI, and that the proposed 
recipient of SGI is trustworthy and reliable;
    c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms 
of a Protective Order setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
    d. The presiding officer has issued a protective order concerning 
the information or documents requested. Any protective order issued 
shall provide that the petitioner must file SUNSI or SGI contentions 25 
days after receipt of (or access to) that information. However, if more 
than 25 days remain between the petitioner's receipt of (or access to) 
the information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI or SGI contentions by that later 
deadline.
    8. If the request for access to SUNSI or SGI is granted, the terms 
and conditions for access to sensitive unclassified information will be 
set forth in a draft protective order and affidavit of non-disclosure 
appended to a joint motion by the NRC staff, any other affected parties 
to this proceeding, and the petitioner(s). If the diligent efforts by 
the relevant parties or petitioner(s) fail to result in an agreement on 
the terms and conditions for a draft protective order or non-disclosure 
affidavit, the relevant parties to the proceeding or the petitioner(s) 
should notify the presiding officer within five (5) days, describing 
the obstacles to the agreement.
    9. If the request for access to SUNSI is denied by the NRC staff or 
a request for access to SGI is denied by NRC staff either after a 
determination on standing and need to know or, later, after a 
determination on trustworthiness and reliability, the NRC staff shall 
briefly state the reasons for the denial. Before the Office of 
Administration makes an adverse determination regarding access, the 
proposed recipient must be provided an opportunity to correct or 
explain information. The requester may challenge the NRC staff's 
adverse determination with respect to access to SUNSI or with respect 
to standing or need to know for SGI, by filing a challenge within five 
(5) days of receipt of that determination with (a) the presiding 
officer designated in this proceeding; (b) if no presiding officer has 
been appointed, the Chief Administrative Judge, or if he or she is 
unavailable, another administrative judge, or an administrative law 
judge with jurisdiction pursuant to Sec.  2.318(a); or (c) if another 
officer has been designated to rule on information access issues, with 
that officer. In the same manner, an SGI requester may challenge an 
adverse determination on trustworthiness and reliability by filing a 
challenge within fifteen (15) days of receipt of that determination.
    In the same manner, a party other than the requester may challenge 
an NRC staff determination granting access to SUNSI whose release would 
harm that party's interest independent of the proceeding. Such a 
challenge must be filed within five (5) days of the notification by the 
NRC staff of its grant of such a request.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal

[[Page 3114]]

process for litigating disputes concerning access to information. The 
availability of interlocutory review by the Commission of orders ruling 
on such NRC staff determinations (whether granting or denying access) 
is governed by 10 CFR Sec.  2.311.
    10. The Commission expects that the NRC staff and presiding 
officers (and any other reviewing officers) will consider and resolve 
requests for access to SUNSI and/or SGI, and motions for protective 
orders, in a timely fashion in order to minimize any unnecessary delays 
in identifying those petitioners who have standing and who have 
propounded contentions meeting the specificity and basis requirements 
in 10 CFR Part 2.

    Dated at Rockville, Maryland, this 13th day of January, 2009.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information (SUNSI) and Safeguards Information (SGI) in This Proceeding

------------------------------------------------------------------------
          Day                             Event/activity
------------------------------------------------------------------------
0......................  Publication of Federal Register, including
                          order with instructions for access requests.
10.....................  Deadline for submitting requests for access to
                          SUNSI and/or SGI with information: Supporting
                          the standing of a potential party identified
                          by name and address; describing the need for
                          the information in order for the potential
                          party to participate meaningfully in an
                          adjudicatory proceeding; demonstrating that
                          access should be granted (e.g., showing
                          technical competence for access to SGI); and,
                          for SGI, including application fee for
                          fingerprint/background check.
20.....................  NRC staff informs the requester of the staff's
                          determination whether the request for access
                          provides a reasonable basis to believe
                          standing can be established and shows (1) need
                          for SUNSI or (2) need to know for SGI. (For
                          SUNSI, NRC staff also informs any party to the
                          proceeding whose interest independent of the
                          proceeding would be harmed by the release of
                          the information.) If NRC staff makes the
                          finding of need for SUNSI and likelihood of
                          standing, NRC staff begins document processing
                          (preparation of redactions or review of
                          redacted documents). If NRC staff makes the
                          finding of need to know for SGI and likelihood
                          of standing, NRC staff begins background check
                          (including fingerprinting for a criminal
                          history records check), information processing
                          (preparation of redactions or review of
                          redacted documents), and readiness
                          inspections.
25.....................  If NRC staff finds no ``need,'' ``need to
                          know,'' or likelihood of standing, the
                          deadline for petitioner/requester to file a
                          motion seeking a ruling to reverse the NRC
                          staff's denial of access; NRC staff files copy
                          of access determination with the presiding
                          officer (or Chief Administrative Judge or
                          other designated officer, as appropriate). If
                          NRC staff finds ``need'' for SUNSI, the
                          deadline for any party to the proceeding whose
                          interest independent of the proceeding would
                          be harmed by the release of the information to
                          file a motion seeking a ruling to reverse the
                          NRC staff's grant of access.
30.....................  Deadline for NRC staff reply to motions to
                          reverse NRC staff determination(s).
40.....................  (Receipt +30) If NRC staff finds standing and
                          need for SUNSI, deadline for NRC staff to
                          complete information processing and file
                          motion for Protective Order and draft Non-
                          Disclosure Affidavit. Deadline for applicant/
                          licensee to file Non-Disclosure Agreement for
                          SUNSI.
60.....................  Deadline for submitting petition for
                          intervention containing: (i) Demonstration of
                          standing; (ii) all contentions whose
                          formulation does not require access to SUNSI
                          and/or SGI (+25 Answers to petition for
                          intervention; +7 petitioner/requestor reply).
190....................  (Receipt +180) If NRC staff finds standing,
                          need to know for SGI, and trustworthiness and
                          reliability, deadline for NRC staff to file
                          motion for Protective Order and draft Non-
                          disclosure Affidavit (or to make a
                          determination that the proposed recipient of
                          SGI is not trustworthy or reliable). Note:
                          Before the Office of Administration makes an
                          adverse determination regarding access, the
                          proposed recipient must be provided an
                          opportunity to correct or explain information.
205....................  Deadline for petitioner to seek reversal of a
                          final adverse NRC staff determination either
                          before the presiding officer or another
                          designated officer.
A......................  If access granted: Issuance of presiding
                          officer or other designated officer decision
                          on motion for protective order for access to
                          sensitive information (including schedule for
                          providing access and submission of
                          contentions) or decision reversing a final
                          adverse determination by the NRC staff.
A + 3..................  Deadline for filing executed Non-Disclosure
                          Affidavits. Access provided to SUNSI and/or
                          SGI consistent with decision issuing the
                          protective order.
A + 28.................  Deadline for submission of contentions whose
                          development depends upon access to SUNSI and/
                          or SGI. However, if more than 25 days remain
                          between the petitioner's receipt of (or access
                          to) the information and the deadline for
                          filing all other contentions (as established
                          in the notice of hearing or opportunity for
                          hearing), the petitioner may file its SUNSI or
                          SGI contentions by that later deadline.
A + 53.................  (Contention receipt +25) Answers to contentions
                          whose development depends upon access to SUNSI
                          and/or SGI.
A + 60.................  (Answer receipt +7) Petitioner/Intervener reply
                          to answers.
B......................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. E9-960 Filed 1-15-09; 8:45 am]
BILLING CODE 7590-01-P
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