[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Notices]
[Page 6701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1598]


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NOTICE REGULATORY COMMISSION

[Docket No. 70-3098]


Notice of Opportunities for Hearings Related to Licensing the 
Mixed Oxide Fuel Fabrication Facility

    Within the next several months, the U.S. Nuclear Regulatory 
Commission (NRC) expects to receive an application from Duke Cogema 
Stone & Webster (DCS) to construct and operate a mixed oxide (MOX) fuel 
fabrication facility to be located at the U.S. Department of Energy's 
Savannah River Site. The regulations in 10 CFR part 70 for a plutonium 
fuel fabrication plant contemplate two approvals--approval for 
construction (10 CFR 70.23(a)(7), (b)) and approval for operation (10 
CFR 70.23(a)(8)). The regulations in 10 CFR part 70 do not, however, 
mandate a particular approval or hearing process. The appropriate 
approval and hearing process--one stage or two stage--will depend 
largely on the nature, level of detail and degree of completeness of 
the application. This notice is intended to inform the public of the 
staff's planned approach for possible hearing issues related to the MOX 
fuel fabrication facility.
    Although the regulations do not require the applicant to submit a 
comprehensive and complete application covering both construction and 
operation before the Commission can approve commencement of 
construction, an applicant has the option of submitting a complete 
license application addressing both construction and operation at the 
outset. We understand, however, that DCS will be submitting an initial 
application (including the environmental report) focusing on siting 
matters and the design bases of the principal structures, systems, and 
components, leaving the balance of the information, including detailed 
design and safety evaluation issues and operating issues, to be 
addressed in a second submittal. In this case, a two-stage approval and 
hearing process is appropriate. NRC will be providing an opportunity 
for a hearing in connection with each of the two required approvals 
(approval for construction and approval for operation). Any NRC 
adjudicatory proceedings regarding the MOX facility would be subject to 
the procedural requirements of 10 CFR part 2, Subpart L.
    The first hearing would encompass issues related to the 
construction approval, and would likely be limited to whether 
applicable NRC requirements have been met regarding the general design 
bases for the principal structures, systems, and components, the 
quality assurance program, and environmental issues. The second hearing 
would encompass all other issues related to the issuance of a 10 CFR 
part 70 license. Such issues would include whether operation of the MOX 
facility, as constructed, will adequately protect health, minimize 
danger to life or property, and control special nuclear material.

FOR FURTHER INFORMATION CONTACT: Timothy C. Johnson, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, telephone: (301) 415-7299.

    Dated at Rockville, Maryland, this 11th day of January 2001.

    For the Nuclear Regulatory Commission.
Eric J. Leeds,
Chief, Special Projects Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 01-1598 Filed 1-19-01; 8:45 am]
BILLING CODE 7590-01-P