[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Notices]
[Pages 45089-45092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17666]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-27]


Notice of Receipt of an Application To Transfer the Control of 
Special Nuclear Materials License No. SNM-42; Opportunity To Request a 
Hearing, and Provide Written Comments

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of receipt of license transfer application and 
opportunity to request a hearing.

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DATES: A request for a hearing must be filed by August 21, 2008, in 
accordance with 10 CFR 2.309(b)(1).

FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Senior 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 EBB2C40M, Washington, DC 
20555-0001, Telephone: (301) 492-3225; fax number: (301) 492-5539; e-
mail: <a href="/cdn-cgi/l/email-protection#b0d1ddc99ec3c9ded4d5c2f0dec2d39ed7dfc6"><span class="__cf_email__" data-cfemail="e0818d99ce93998e848592a08e9283ce878f96">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letters dated November 14 and December 10, 2007, January 7 (two 
letters), January 11, February 15, and February 29, 2008, and e-mails 
dated December 12 (three e-mails) and December 13, 2007 (two e-mails), 
and January 9, and January 14, 2008 (collectively the Application), BWX 
Technologies, Inc., Nuclear Products Division (BWXT or the licensee) 
requested approval, by the U.S. Nuclear Regulatory Commission (NRC or 
the Commission), of the transfer of Special Nuclear Materials License 
No. SNM-42 to Babcock & Wilcox Nuclear Operations Group, Inc. (B&W 
NOG). B&W NOG is a Delaware Corporation that was created on November 
20, 2007, as a wholly-owned subsidiary of Babcock & Wilcox Investment 
Company, Inc. The requested transfer action would result in a transfer 
of control of Special Nuclear Materials License No. SNM-42 from BWXT to 
B&W NOG.
    BWXT is the holder of Special Nuclear Materials License No. SNM-42, 
which authorizes BWXT to receive, possess, and use special nuclear 
material and irradiated fuel (spent nuclear fuel) for the research, 
fabrication and assembly of nuclear fuel and related components at its 
facilities located in the Lynchburg, Virginia area. The license 
provides, among other things, that the facilities are subject to all 
rules, regulations, and orders of the NRC, now or hereafter in effect. 
Special Nuclear Materials License No. SNM-42 applies to the BWXT fuel 
manufacturing facilities, the research facility known as the Lynchburg 
Technology Center (LTC), the waste treatment facility, and the uranium 
storage facilities located in Campbell County, Virginia.
    Pursuant to 10 CFR 2.1301, the Commission is noticing in the 
Federal Register the receipt of the Application

[[Page 45090]]

for approval of the transfer of Special Nuclear Materials License No. 
SNM-42 because it involves a major fuel cycle facility licensed under 
10 CFR part 70. The NRC is considering the issuance of an order 
pursuant to 10 CFR 70.36, authorizing the transfer of control of 
Special Nuclear Materials License No. SNM-42 from BWXT to B&W NOG. An 
amendment to the existing license would follow the issuance of the 
order. According to the BWXT Application, a newly formed entity, namely 
B&W NOG, would acquire ownership of the BWXT Virginia facilities and 
upon approval of the license transfer would be the licensee responsible 
for operating and maintaining them. The Application does not propose 
any physical changes to the facilities or other changes.
    The amendment would replace references to BWXT, Inc., in the 
license, with references to B&W NOG, to reflect the transfer, if 
approved by the Commission.
    Pursuant to 10 CFR 70.36, no license, or any right thereunder, 
shall be transferred, assigned in any manner, disposed of, either 
voluntarily or involuntarily, directly or indirectly, through the 
transfer of control of the license, to any person, unless the 
Commission, after securing full information, finds that the transfer is 
in accordance with the provisions of the Atomic Energy Act of 1954, as 
amended, and gives its consent in writing. The Commission will approve 
an application for the transfer of a license and authorize the transfer 
of the license through the issuance of an order, if it is determined 
that the proposed transferee is qualified 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.
    An NRC administrative review, documented in a letter to BWXT dated 
March 19, 2008, found the application acceptable to begin a technical 
review. If the NRC issues an order, as described above, the approval of 
the above requested actions will be documented in a conforming 
amendment to Special Nuclear Materials License No. SNM-42. However, 
before issuing an order and approving the amendment, the NRC will need 
to make the findings required by the Atomic Energy Act of 1954, as 
amended, and NRC regulations. These findings will be documented in a 
safety evaluation report. The license transfer request falls within the 
10 CFR 51.22(c)(21), categorical exclusion so no environmental review 
of the proposed action is required.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding regarding 
the consideration of the issuance of an order authorizing the transfer 
of control of Special Nuclear Materials License No. SNM-42. In 
accordance with the general requirements in Subpart C of 10 CFR part 2, 
as amended on January 14, 2004 (69 FR 2182), any person whose interest 
may be affected by this proceeding and who desires to participate as a 
party must file a written request for a hearing and a specification of 
the contentions that the person seeks to have litigated in the hearing.
    A request for hearing or a petition for leave to intervene must be 
filed in accordance with the NRC E-Filing 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 the E-Filing rule, at 
least ten (10) days prior to the filing deadline, the petitioner/
requestor must contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#9cd4d9ddced5d2dbd8d3dfd7d9c8dcd2cedfb2dbd3ca"><span class="__cf_email__" data-cfemail="1b535e5a4952555c5f5458505e4f5b554958355c544d">[email protected]</span></a>, 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 E-Submittal server for any proceeding in which it is 
participating; and/or (2) the 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<SUP>TM</SUP> is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Instruction for applying 
for a digital ID certificate is available on the 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, 
has created a docket, 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 that is 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 to each participant 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, Rockville, Pike, Rockville, MD, 20852, Attention: 
Rulemaking and Adjudications Staff. Participants filing a document in 
this manner are responsible for serving the document to 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

[[Page 45091]]

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 the 
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 by 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 addition to meeting other applicable requirements of 10 CFR 
2.309, the general requirements involving a request for a hearing filed 
by a person other than an applicant must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Atomic Energy Act 
of 1954, as amended, 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 in 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 that 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 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 available at the time 
the petition is to be filed, such as the Application, or other 
supporting documents filed by the licensee or otherwise available to 
the petitioner. Contentions may be amended or new contentions filed 
after the initial filing only with leave of the presiding officer.
    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 (10) days 
of the date the contention is filed, and designate a representative who 
shall have the authority to act for the requester/petitioner.

III. Written Comments

    In accordance with 10 CFR 2.1305(a), as an alternative to requests 
for hearings and petitions to intervene, persons may submit written 
comments regarding the license transfer application. These comments 
must be submitted by September 2, 2008, in accordance with 10 CFR 
2.1305(b). The Commission will address the comments received in 
accordance with 10 CFR 2.1305(c). 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 the comments received on or before the due date can be 
assured consideration.

IV. Further Information

    Documents related to this action including the Application for the 
proposed license transfer and supporting documentation, are available 
electronically through 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 Documents Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The ADAMS 
accession numbers for the publicly available documents related to this 
notice are:

------------------------------------------------------------------------
                                                               ADAMS
                        Document                           Accession No.
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November 14, 2007: Initial Application..................     ML080920759
December 7, 2007: RAI Request I.........................     ML073340643
December 10, 2007: RAI Response I.......................     ML073460400
December 17, 2007: Meeting Minutes......................     ML080090688
January 7, 2008: Application Supplement.................     ML080160257
January 7, 2008: Application Supplement.................     ML080160149
January 11, 2008: Application Supplement................     ML080230599
February 1, 2008: RAI Request II........................     ML080280551
February 1, 2008: Proprietary Determination I...........     ML080150394
February 15, 2008: RAI Response II......................     ML080920674
February 29, 2008: Response to Proprietary Determination     ML080640268
March 19, 2008: Application Acceptance..................     ML080710555
March 31, 2008: Proprietary Determination II............     ML080790072
April 24, 2008: RAI Request III.........................     ML081050308
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------------------------------------------------------------------------
                                                               ADAMS
           Application Supplements via E-Mails             Accession No.
------------------------------------------------------------------------
December 12, 2007.......................................     ML081190572
December 12, 2007.......................................     ML081190669
December 12, 2007.......................................     ML081190672
December 13, 2007.......................................     ML081190671
December 13, 2007.......................................     ML081190670
January 9, 2008.........................................     ML081190624
January 14, 2008........................................     ML081190661
------------------------------------------------------------------------

    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact

[[Page 45092]]

the NRC Public Document Room (PDR) reference staff at 1-800-397-4209, 
301-415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#d1a1b5a391bfa3b2ffb6bea7"><span class="__cf_email__" data-cfemail="45352137052b37266b222a33">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's 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 17 day of July, 2008,

    For the Nuclear Regulatory Commission.
Peter Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facilities Licensing 
Directorate, Division of Fuel Cycle Safety, and Safeguards, Office of 
Nuclear Materials Safety and Safeguards.
[FR Doc. E8-17666 Filed 7-31-08; 8:45 am]
BILLING CODE 7590-01-P


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