[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Notices]
[Page 26905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12342]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8027]


Sequoyah Fuels Corporation

[License No. SUB-1010]

Receipt of Petition for Director's Decision Under 10 CFR 2.206

    Notice is hereby given that by the ``Native Americans for a Clean 
Environment's Petition for an Order Requiring Sequoyah Fuels 
Corporation to File a Final Site Characterization Plan and for an Order 
Forbidding Transfer of SFC Property Prior to Obtaining a License 
Amendment,'' dated March 11, 1995, the Native Americans for a Clean 
Environment (NACE or Petitioner) request that the Nuclear Regulatory 
Commission take action with regard to Sequoyah Fuels Corporation (SFC 
or Licensee).
    Petitioner requests that the NRC: (1) Reverse the NRC staff's 
decision to permit SFC to proceed with site characterization without 
submitting a revised Final Site Characterization Plan (SCP) by issuing 
an order requiring SFC to submit a revised Final SCP, or at the minimum 
a Confirmatory Action Letter requiring SFC to submit a Final SCP by a 
date certain; (2) issue an order forbidding SFC, Sequoyah Fuels 
International, Sequoyah Holding Corporation, or any other associated 
corporation that holds title to property under License SUB-1010, from 
transferring any interest in any of its property before SFC applies for 
and receives a license amendment permitting such a transfer; (3) before 
issuing any such license amendment, find reasonable assurance that any 
entity acquiring an interest in the SFC property fully understands the 
nature of the liabilities and responsibilities it is undertaking for 
cleanup and long-term care of the site and that it has the financial 
capability to carry out those responsibilities; and (4) obtain or 
perform a title search of all property used in connection with the SFC 
license in order to clarify the identity and ownership of all property 
subject to License SUB-1010.
    As the bases for its requests, Petitioner states that: (1) Given 
the serious deficiencies found by the staff in its review of the SFC 
Draft SCP, the NRC staff illegally and improperly excused SFC from its 
obligation to submit a final SCP, in violation of the Timeliness in 
Decommissioning Rule, the NRC's Action Plan to Ensure Timely Cleanup of 
SDMP Sites, the NRC's December 29, 1992, Demand for Information to SFC, 
the Memorandum of Understanding between the NRC and the Environmental 
Protection Agency, and commitments by the NRC to NACE that SFC would be 
required to demonstrate how it would sample all potentially 
contaminated areas in a site characterization plan; (2) SFC is 
presenting a ``Trust Indenture'' to several towns and the county of 
Sequoyah for the creation of an industrial park; (3) the Trust 
Indenture depicts the 1400 acres of land subject to License SUB-1010 as 
the candidate area for the industrial park, but neither the Trust 
Indenture nor the associated documents refers to actual or potential 
contamination of the site due to groundwater migration from the 
contaminated processing area, of effluent streams and ditches, or of 
the Carlisle School, the need to obtain a license amendment before 
transferring this property, the transferee's potential liability for 
cleanup of the property, or that SFC has been ordered by NRC and EPA to 
characterize the extent of contamination on this property; (4) the 1400 
acres subject to the Trust Indenture surrounds the 85-acre processing 
area SFC has identified as the major focus of its site characterization 
and cleanup effort; and (5) SFC has made conflicting representations 
regarding the size of the ``facility'' or ``site'' to the NRC and in 
the Trust Indenture.
    The Petition is being evaluated pursuant to 10 CFR 2.206 of the 
Commission's regulations. The Petition has been referred to the 
Director of the Office of Nuclear Material Safety and Safeguards. As 
provided by Sec. 2.206, appropriate action will be taken on this 
Petition within a reasonable time.
    A copy of the Petition is available for inspection at the 
Commission's Public Document Room at 2120 L Street NW., Washington, DC 
20555.

    Dated at Rockville, Maryland this 10th day of May, 1995.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 95-12342 Filed 5-18-95; 8:45 am]
BILLING CODE 7590-01-M