6468 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices 

transmitted either by means of facsimile 

transmission to 301–415–3725 or by 

email to OGCMailCenter@nrc.gov. A 

copy of the request for hearing and 

petition for leave to intervene should 

also be sent to Jonathan Rogoff, Esquire, 

Vice President, Counsel & Secretary, 

Nuclear Management Company, LLC, 

700 First Street, Hudson, WI 54016, 

attorney for the licensee. 

For further details with respect to this 

action, see the application for 

amendment dated November 5, 2003, 

which is available for public inspection 

at the Commission’s PDR, located at 

One White Flint North, File Public Area 

O1 F21, 11555 Rockville Pike (first 

floor), Rockville, Maryland. Publicly 

available records will be accessible 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.

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, 301–415–4737, or by e-mail 

to pdr@nrc.gov.

Dated at Rockville, Maryland, this 31st day 

of January 2005.

For the Nuclear Regulatory Commission. 

Deirdre W. Spaulding, 

Project Manager, Section 1, Project 

Directorate III, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation.

[FR Doc. 05–2242 Filed 2–4–05; 8:45 am] 

BILLING CODE 7590–01–U

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 070–07001, Certificate No. 

GDP–1, EA–04–123] 

United States Enrichment Corporation, 

Paducah Gaseous Diffusion Plant, 

Paducah, KY; Confirmatory Order 

Modifying License (Effective 

Immediately) 

The United States Enrichment 

Corporation (USEC or Corporation) is 

the holder of NRC Certificate of 

Compliance No. GDP–1 issued by the 

Nuclear Regulatory Commission (NRC 

or Commission) pursuant to 10 CFR Part 

76. The certificate authorizes USEC to 

receive, and licensees shall be 

authorized to transfer to the 

Corporation, byproduct material, source 

material, or special nuclear material to 

the extent permitted under the 

Certificate of Compliance. The 

certificate was issued November 26, 

1996, was most recently amended on 

June 30, 2004, and is due to expire on 

December 31, 2008. 

On December 16, 2002, the NRC’s 

Office of Investigations (OI) started an 

investigation to determine whether a 

Quality Control (QC) Manager at USEC’s 

Paducah Gaseous Diffusion Plant 

(PGDP) was discriminated against by 

being suspended and later terminated 

for raising safety concerns. On May 12, 

2003, OI expanded its investigation to 

determine whether the same QC 

Manager was discriminated against, in 

retaliation for the previously raised 

safety concerns, by not being considered 

for a position with a contractor 

performing work for USEC at PGDP. OI, 

in OI report No. 3–2002–040, did not 

substantiate that the QC Manager was 

suspended or terminated because of 

raising safety concerns. However, based 

on the facts and circumstances 

described in OI Report Number 3–2002–

040, the NRC was concerned that the 

former QC Manager may have been 

discriminated against by not being 

considered for a contract position. By 

letter dated September 29, 2004, the 

NRC identified to USEC the NRC’s 

concern. The September 29th letter 

offered USEC the opportunity either to 

attend a predecisional enforcement 

conference (PEC) or to request 

alternative dispute resolution (ADR) in 

which a neutral mediator with no 

decision-making authority would 

facilitate discussions between the NRC 

and USEC and, if possible, assist the 

NRC and USEC in reaching an 

agreement on resolving the concern. 

USEC chose to participate in ADR. On 

November 22, 2004, the NRC and USEC 

met at USEC headquarters in Bethesda, 

Maryland in an ADR session mediated 

by a professional mediator, arranged 

through Cornell University’s Institute on 

Conflict Resolution. 

By letter dated December 6, 2004, 

USEC enumerated the actions it has 

already taken and additional actions it 

agreed to take in order to enhance its 

Safety Conscious Work Environment at 

the PGDP. The agreed-upon additional 

actions noted in Section IV of this 

Confirmatory Order focus on Safety 

Conscious Work Environment training 

for managers of USEC contractors at the 

PGDP and USEC managers who are 

principal points of contact for USEC 

contractors at the PGDP. 

On January 24, 2005, USEC consented 

to the NRC issuing this Confirmatory 

Order with the commitments, as 

described in Section IV below. USEC 

further agreed in its January 24, 2005, 

letter that this Confirmatory Order is to 

be effective upon issuance and that it 

has waived its right to a hearing. The 

NRC has concluded that its concerns 

can be resolved through effective 

implementation of USEC’s 

commitments. 

I find that USEC’s commitments as set 

forth in Section IV are acceptable and 

necessary and conclude that with these 

commitments the public health and 

safety are reasonably assured. In view of 

the foregoing, I have determined that the 

public health and safety require that 

USEC’s commitments be confirmed by 

this Order. Based on the above and 

USEC’s consent, this Order is 

immediately effective upon issuance. 

USEC is required to provide the NRC 

with a letter summarizing its actions 

when all of the Section IV requirements 

have been completed. 

Accordingly, pursuant to Sections 81, 

161b, 161i, 161o, 182, 186 and 1710 of 

the Atomic Energy Act of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202 and 10 CFR 

Part 76, it is hereby ordered, effective 

immediately, that Certificate of 

Compliance No. GDP–1 is modified as 

follows: 

1. By no later than March 31, 2005, 

USEC shall develop and conduct initial 

Safety Conscious Work Environment 

training for: (a) Managers of USEC 

contractors at the PGDP; and (b) USEC 

personnel who are principal points of 

contact for USEC contractors at the 

PGDP. 

2. By no later than June 30, 2005, 

USEC shall develop Safety Conscious 

Work Environment refresher training for 

the managers of USEC contractors at the 

PGDP and revise its training program 

requirements to conduct on-going 

refresher training at a frequency 

consistent with USEC’s General 

Employee Training at the PGDP. 

3. By no later than June 30, 2005, 

USEC shall revise its training program 

requirements to conduct initial Safety 

Conscious Work Environment training 

for: (a) New managers of USEC 

contractors at the PGDP; and (b) USEC 

personnel who become principal points 

of contact for USEC contractors at the 

PGDP, within ninety day of their 

assumption of these duties. 

The Director, Office of Enforcement, 

may relax or rescind, in writing, any of 

the above conditions upon a showing by 

USEC of good cause. 

Any person adversely affected by this 

Confirmatory Order, other than the 

Certificate holder, may request a hearing 

within 20 days of its issuance. Where 

good cause is shown, consideration will 

be given to extending the time to request 

a hearing. A request for extension of 

time must be made in writing to the 

Director, Office of Enforcement, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555, and include a 

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Notices 6469

statement of good cause for the 

extension. Any request for a hearing 

shall be submitted to the Secretary, U.S. 

Nuclear Regulatory Commission, ATTN: 

Rulemakings and Adjudications Staff, 

Washington, DC 20555. Copies also 

shall be sent to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, to 

the Assistant General Counsel for 

Materials Litigation and Enforcement at 

the same address, to the Regional 

Administrator, NRC Region II, 61 

Forsyth Street, SW., Suite 23T85, 

Atlanta, Georgia, 30303–8931, and to 

the Certificate Holder. Because of 

continuing disruptions in delivery of 

mail to United States Government 

offices, it is requested that answers and 

requests for hearing be transmitted to 

the Secretary of the Commission either 

by means of facsimile transmission to 

301–415–1101 or by e-mail to 

hearingdocket@nrc.gov and also to the 

Office of the General Counsel either by 

means of facsimile transmission to 301–

415–3725 or by e-mail to 

OGCMailCenter@nrc.gov. If a person 

other than the licensee requests a 

hearing, that person shall set forth with 

particularity the manner in which his 

interest is adversely affected by this 

Order and shall address the criteria set 

forth in 10 CFR 2.309(d) and (f). 

If a hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an Order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section IV above shall be final 20 days 

from the date of this Order without 

further order or proceedings. If an 

extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section IV shall 

be final when the extension expires if a 

hearing request has not been received. 

An answer or a request for hearing shall 

not stay the immediate effectiveness of 

this order.

Dated this 27th day of January 2005.

For the Nuclear Regulatory Commission. 

Frank J. Congel, 

Director, Office of Enforcement.

[FR Doc. 05–2243 Filed 2–4–05; 8:45 am] 

BILLING CODE 7590–01–U

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–17541] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment for Exxonmobil 

Biomedical Sciences, Inc.’s Facility in 

Annandale, NJ

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice of availability.

FOR FURTHER INFORMATION CONTACT:

Betsy Ullrich, Commercial and R&D 

Branch, Division of Nuclear Materials 

Safety, Region I, 475 Allendale Road, 

King of Prussia, Pennsylvania, 19406, 

telephone (610) 337–5040, fax (610) 

337–5269; or by email: EXU@NRC.GOV.

SUPPLEMENTARY INFORMATION:

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is issuing a license amendment to 

Exxonmobil Biomedical Sciences, Inc. 

for Materials License No. 29–19396–01, 

to authorize release of its facility in 

Annandale, New Jersey for unrestricted 

use. NRC has prepared an 

Environmental Assessment (EA) in 

support of this action in accordance 

with the requirements of 10 CFR Part 

51. Based on the EA, the NRC has 

concluded that a Finding of No 

Significant Impact (FONSI) is 

appropriate. The amendment will be 

issued following the publication of this 

Notice. 

II. EA Summary 

The purpose of the action is to 

authorize the release of the licensee’s 

Annandale, New Jersey facility for 

unrestricted use. Exxonmobil 

Biomedical Sciences, Inc. was 

authorized by NRC from December 14, 

1999, to use radioactive materials for 

research and development purposes at 

the site. On October 25, 2004, 

Exxonmobil Biomedical Sciences, Inc. 

requested that NRC release the facility 

for unrestricted use. Exxonmobil 

Biomedical Sciences, Inc. has 

conducted surveys of the facility and 

provided information to the NRC to 

demonstrate that the site meets the 

license termination criteria in Subpart E 

of 10 CFR Part 20 for unrestricted use. 

The NRC staff has prepared an EA in 

support of the license amendment. The 

facility was remediated and surveyed 

prior to the licensee requesting the 

license amendment. The NRC staff has 

reviewed the information and final 

status survey submitted by Exxonmobil 

Biomedical Sciences, Inc. Based on its 

review, the staff has determined that 

there are no additional remediation 

activities necessary to complete the 

proposed action. Therefore, the staff 

considered the impact of the residual 

radioactivity at the facility and 

concluded that since the residual 

radioactivity meets the requirements in 

Subpart E of 10 CFR Part 20, a Finding 

of No Significant Impact is appropriate. 

III. Finding of No Significant Impact 

The staff has prepared the EA 

(summarized above) in support of the 

license amendment to terminate the 

license and release the facility for 

unrestricted use. The NRC staff has 

evaluated Exxonmobil Biomedical 

Sciences, Inc.’’s request and the results 

of the surveys and has concluded that 

the completed action complies with the 

criteria in Subpart E of 10 CFR Part 20. 

The staff has found that the 

environmental impacts from the action 

are bounded by the impacts evaluated 

by NUREG–1496, Volumes 1–3, 

‘‘Generic Environmental Impact 

Statement in Support of Rulemaking on 

Radiological Criteria for License 

Termination of NRC-Licensed 

Facilities’’ (ML042310492, 

ML042320379, and ML042330385). On 

the basis of the EA, the NRC has 

concluded that the environmental 

impacts from the action are expected to 

be insignificant and has determined not 

to prepare an environmental impact 

statement for the action. 

IV. Further Information 

Documents related to this action, 

including the application for the license 

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 Agencywide 

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: Environmental 

Assessment Related to an Amendment 

of U.S. Nuclear Regulatory Commission 

Materials License No. 29–19396–01 

ML050280058; and the Radiological 

Decommissioning Report, ExxonMobil 

Biomedical Sciences, Inc., 1545 Route 

22 East, Annandale, New Jersey, 

October 24, 2004 (ML043100336). 

Please note that on October 25, 2004, 

the NRC terminated public access to 

ADAMS and initiated an additional 

security review of publicly available 

documents to ensure that potentially 

sensitive information is removed from