[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51880-51883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24239]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1257; NRC-2017-0148]


AREVA, Inc.; Consideration of Approval of Transfer of License; 
Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for indirect transfer of license; opportunity to 
comment, request a hearing, and petition for leave to intervene; 
correction.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is correcting a 
notice that was published in the Federal Register on June 29, 2017, 
regarding an application for indirect transfer of license filed by 
AREVA, Inc., on April 14, 2017. This action is necessary to add 
licenses that were omitted from the original application. The original 
application requested NRC approval of the indirect transfer of Material 
License SNM-1227, Import License IW009, and Export Licenses XSNM3471, 
XSNM3551, XSNM3697, XSNM3747, XSOU8833, and XCOM1202, for the Richland, 
Washington Fuel Manufacturing Facility from AREVA SA, the current 
parent company of the license holder to Electricite de France (EDF). 
The amended application adds Export Licenses XCOM1304, XSNM3780, 
XSNM3781, XSNM3782, and XW015 to the requested action.

DATES: Comments and/or a request for a hearing must be filed by 
December 8, 2017.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0148. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#efac8e9d8083c1a88e83838e88878a9daf819d8cc1888099"><span class="__cf_email__" data-cfemail="e2a183908d8ecca5838e8e83858a8790a28c9081cc858d94">[email protected]</span></a>. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#fcb4999d8e95929b98939f979988bc928e9fd29b938a"><span class="__cf_email__" data-cfemail="2f674a4e5d4641484b404c444a5b6f415d4c01484059">[email protected]</span></a>. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
    <bullet> Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    <bullet> Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    <bullet> Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kevin Ramsey, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7506, email: 
<a href="/cdn-cgi/l/email-protection#09426c7f6067275b68647a6c7049677b6a276e667f"><span class="__cf_email__" data-cfemail="eba08e9d8285c5b98a86988e92ab859988c58c849d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0148 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0148.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#136377613d6176607c66617076537d61703d747c65"><span class="__cf_email__" data-cfemail="4d3d293f633f283e22383f2e280d233f2e632a223b">[email protected]</span></a>. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2017-0148 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment

[[Page 51881]]

submissions available to the public or entering the comment submissions 
into ADAMS.

II. Introduction

    The NRC is considering the issuance of an order under Section 184 
of the Atomic Energy Act, as amended, and Sec.  70.36 of title 10 of 
the Code of Federal Regulations (10 CFR), approving the indirect 
transfer of control of the AREVA Richland Fuel Fabrication Facility, 
Material License SNM-1227, Import License IW009, and Export Licenses 
XSNM3471, XSNM3551, XSNM3697, XSNM3747, XSOU8833, XCOM1202, XCOM1304, 
XSNM3780, XSNM3781, XSNM3782, and XW015 from AREVA SA, the current 
parent company of the license holder to Electricite de France (EDF).
    According to the application for approval filed by AREVA, Inc., the 
transaction will result in a transfer of controlling interest in AREVA 
SA's nuclear power business from its current parent company (AREVA SA) 
to EDF. AREVA, Inc., which is a North American subsidiary of AREVA SA, 
will continue to operate the facility and hold the licenses.
    No physical changes to the Richland Fuel Fabrication Facility or 
operational changes are being proposed in the application.
    The original application was submitted by letter dated April 14, 
2017, titled ``AREVA Internal Reorganization and Indirect Transfer to 
EDF: Request for NRC Consent to License Transfers'' (ADAMS Accession 
No. ML17108A259). The application was supplemented by the following 
documents:
    <bullet> Letter dated July 14, 2017, titled ``AREVA Internal 
Reorganization and Indirect Transfer to EDF: Request for NRC Consent to 
License Transfers'' (ADAMS Accession No. ML17200C949).
    <bullet> Letter dated August 31, 2017, titled ``Response to a 
Request for Additional Information Regarding Application for U.S. NRC 
Consent to License Transfers'' (ADAMS Accession No. ML17265A374).
    <bullet> Letter dated October 4, 2017, titled ``Update to Request 
for NRC Consent to License Transfers'' (ADAMS Accession No. 
ML17283A110).
    Section 184 of the Atomic Energy Act provides ``[n]o license 
granted hereunder and no right to utilize or produce special nuclear 
material granted hereby shall be transferred, assigned or in any manner 
disposed of, either voluntarily or involuntarily, directly or 
indirectly, through transfer of control of any license to any person, 
unless the Commission shall, after securing full information, find that 
the transfer is in accordance with the provisions of this Act, and 
shall give its consent in writing.'' For the part 70 license that AREVA 
Inc. possesses, the Commission will approve an application for the 
indirect transfer of a license if the Commission determines that the 
proposed transfer of controlling interest will not affect the 
qualifications of the licensee to hold the license and that the 
licensee has provided the financial assurance for decommissioning 
required by 10 CFR 70.25.

III. Opportunity To Comment

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in Sec. Sec.  2.1305 and 110.81. The Commission will 
consider and, if appropriate, respond to these comments, but such 
comments will not otherwise constitute part of the decisional record. 
Comments should be submitted as described in the ADDRESSES section of 
this document.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 30 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR parts 2 and 110. Interested persons should 
consult a current copy of 10 CFR 2.309 and 110.82. The NRC's 
regulations are accessible electronically from the NRC Library on the 
NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. 
Alternatively, a copy of the regulations is available at the NRC's 
Public Document Room, located at One White Flint North, Room O1-F21, 
11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a 
petition is filed, the Commission or a presiding officer will rule on 
the petition and, if appropriate, a notice of a hearing will be issued.
    With respect to Material License SNM-1227, 10 CFR 2.309(d) requires 
that the petition specifically explain the reasons why intervention 
should be permitted with particular reference to the following general 
requirements for standing: (1) The name, address, and telephone number 
of the petitioner; (2) the nature of the petitioner's right under the 
Act to be made a party to the proceeding; (3) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (4) the possible effect of any decision or order which 
may be entered in the proceeding on the petitioner's interest. Further, 
in accordance with 10 CFR 2.309(f), the petition must also set forth 
the specific contentions which the petitioner seeks to have litigated 
in the proceeding. Each contention must consist of a specific statement 
of the issue of law or fact to be raised or controverted. In addition, 
the petitioner must provide a brief explanation of the bases for the 
contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    With respect to Export Licenses XSNM3471, XSNM3551, XSNM3697, 
XSNM3747, XSOU8833, XCOM1202, XCOM1304, XSNM3780, XSNM3781, XSNM3782, 
and XW015, 10 CFR 110.82 requires petitioners to explain why a hearing 
or an intervention would be in the public interest and how a hearing or 
intervention would assist the Commission in making the determinations 
required by Sec.  110.45.
    Petitions must be filed no later than 20 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
December 8, 2017. The petition must be filed in accordance

[[Page 51882]]

with the filing instructions in the ``Electronic Submissions (E-
Filing)'' section of this document, and should meet the requirements 
for petitions set forth in this section. Alternatively, a State, local 
governmental body, Federally-recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR Paragraph 2.315(c), must be filed in 
accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, 
as amended at 77 FR 46562, August 3, 2012). The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Detailed guidance on making electronic submissions may 
be found in the Guidance for Electronic Submissions to the NRC and on 
the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html. 
Participants may not submit paper copies of their filings unless they 
seek an exemption in accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#0b636e6a7962656c256f6468606e7f4b657968256c647d"><span class="__cf_email__" data-cfemail="f69e9397849f9891d89299959d9382b6988495d8919980">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#226f716a660c7047514d57504147624c50410c454d54"><span class="__cf_email__" data-cfemail="561b051e127804332539232435331638243578313920">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR Paragraph 2.302(g), with their initial paper 
filing stating why there is good cause for not filing electronically 
and 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, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents 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. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as Social Security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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

[[Page 51883]]

submission. The Commission will issue a notice or order granting or 
denying a hearing request or intervention petition, designating the 
issues for any hearing that will be held and designating the Presiding 
Officer. A notice granting a hearing will be published in the Federal 
Register and served on the parties to the hearing.
    For further details with respect to this application, see the 
application and supplements listed in Section II of this notice.

    Dated at Rockville, Maryland, this 30th day of October, 2017.

    For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental 
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-24239 Filed 11-7-17; 8:45 am]
 BILLING CODE 7590-01-P


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