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[FR Doc. E7–4702 Filed 3–14–07; 8:45 am] Office of Nuclear Material Safety and amended, and NRC’s regulations. These
BILLING CODE 4510–26–P Safeguards, U.S. Nuclear Regulatory findings will be documented in a Safety
Commission, Washington, DC 20555. Evaluation Report and an
Telephone: (301) 415–6155; fax number: Environmental Assessment and/or an
(301) 415–5955; e-mail: mnb@nrc.gov. Environmental Impact Statement.
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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12203
II. Opportunity To Request a Hearing with the formal requirements of 10 CFR believes the application fails to contain
The NRC hereby provides notice that 2.304 (b), (c), and (d), as long as an information on a relevant matter as
this is a proceeding on an application original and two (2) copies otherwise required by law, the identification of
for a license renewal. In accordance complying with all of the requirements each failure and the supporting reasons
with the general requirements in of 10 CFR 2.304 (b), (c), and (d) are for the requester’s/petitioner’s belief.
mailed within two (2) days thereafter to In addition, in accordance with 10
subpart C of 10 CFR part 2, as amended
the Secretary, U.S. Nuclear Regulatory CFR 2.309(f)(2), contentions must be
on January 14, 2004 (69 FR 2182), any
Commission, Washington, DC 20555– based on documents or other
person whose interest may be affected
0001, Attention: Rulemakings and information available at the time the
by this proceeding and who desires to
Adjudications Staff. petition is to be filed, such as the
participate as a party must file a written
In accordance with 10 CFR 2.309(b), application, supporting safety analysis
request for a hearing and a specification
a request for a hearing must be filed by report, environmental report or other
of the contentions which the person
May 14, 2007. supporting documents filed by an
seeks to have litigated in the hearing.
In addition to meeting other applicant or licensee, or otherwise
In accordance with 10 CFR 2.302(a),
applicable requirements of 10 CFR available to the petitioner. On issues
a request for a hearing must be filed
2.309, the general requirements arising under the National
with the Commission either by:
involving a request for a hearing filed by Environmental Policy Act, the
1. First class mail addressed to: Office
a person other than an applicant must requester/petitioner shall file
of the Secretary, U.S. Nuclear
state: contentions based on the applicant’s
Regulatory Commission, Washington,
1. The name, address, and telephone environmental report. The requester/
DC 20555–0001, Attention: Rulemakings
number of the requester; petitioner may amend those contentions
and Adjudications Staff; 2. The nature of the requester’s right or file new contentions if there are data
2. Courier, express mail, and under the Act to be made a party to the or conclusions in the NRC draft, or final
expedited delivery services: Office of the proceeding; environmental impact statement,
Secretary, Sixteenth Floor, One White 3. The nature and extent of the environmental assessment, or any
Flint North, 11555 Rockville Pike, requester’s property, financial or other supplements relating thereto, that differ
Rockville, MD 20852, Attention: interest in the proceeding; significantly from the data or
Rulemakings and Adjudications Staff, 4. The possible effect of any decision conclusions in the applicant’s
between 7:45 a.m. and 4:15 p.m., or order that may be issued in the documents. Otherwise, contentions may
Federal workdays; proceeding on the requester’s interest; be amended or new contentions filed
3. E-mail addressed to the Office of and after the initial filing only with leave of
the Secretary, U.S. Nuclear Regulatory 5. The circumstances establishing that the presiding officer.
Commission, hearingdocket@nrc.gov; or the request for a hearing is timely in Each contention shall be given a
4. By facsimile transmission accordance with 10 CFR 2.309(b). separate numeric or alpha designation
addressed to the Office of the Secretary, In accordance with 10 CFR 2.309(f)(1), within one of the following groups:
U.S. Nuclear Regulatory Commission, a request for hearing or petitions for 1. Technical—primarily concerns
Washington, DC, Attention: leave to intervene must set forth with issues relating to matters discussed or
Rulemakings and Adjudications Staff, at particularity the contentions sought to referenced in the Safety Evaluation
(301) 415–1101; verification number is be raised. For each contention, the Report for the proposed action.
(301) 415–1966. request or petition must: 2. Environmental—primarily concerns
In accordance with 10 CFR 2.302(b), 1. Provide a specific statement of the issues relating to matters discussed or
all documents offered for filing must be issue of law or fact to be raised or referenced in the Environmental Report
accompanied by proof of service on all controverted; for the proposed action.
parties to the proceeding or their 2. Provide a brief explanation of the 3. Emergency Planning—primarily
attorneys of record as required by law or basis for the contention; concerns issues relating to matters
by rule or order of the Commission, 3. Demonstrate that the issue raised in discussed or referenced in the
including: the contention is within the scope of the Emergency Plan as it relates to the
1. The applicant, AREVA NP, Inc. proceeding; proposed action.
2101 Horn Rapids Road, Richland 4. Demonstrate that the issue raised in 4. Physical Security—primarily
Washington, 99254, Attention: Robert the contention is material to the concerns issues relating to matters
Link; and findings that the NRC must make to discussed or referenced in the Physical
2. The NRC staff, by delivery to the support the action that is involved in Security Plan as it relates to the
Office of the General Counsel, One the proceeding; proposed action.
White Flint North, 11555 Rockville 5. Provide a concise statement of the 5. Miscellaneous—does not fall into
Pike, Rockville, MD 20852, or by mail alleged facts or expert opinions which one of the categories outlined above.
addressed to the Office of the General support the requester’s/petitioner’s If the requester/petitioner believes a
Counsel, U.S. Nuclear Regulatory position on the issue and on which the contention raises issues that cannot be
Commission, Washington, DC 20555– requester/petitioner intends to rely to classified as primarily falling into one of
0001. Hearing requests should also be support its position on the issue; and these categories, the requester/petitioner
transmitted to the Office of the General 6. Provide sufficient information to must set forth the contention and
Counsel, either by means of facsimile show that a genuine dispute exists with supporting bases, in full, separately for
transmission to (301) 415–3725, or via the applicant on a material issue of law each category into which the requester/
email to ogcmailcenter@nrc.gov. or fact. This information must include petitioner asserts the contention belongs
The formal requirements for references to specific portions of the with a separate designation for that
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12204 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices
joint contention, for which one of the In accordance with 10 CFR 2.309(g), electronically at the NRC’s Electronic
co-sponsoring requesters/petitioners is a request for hearing and/or petition for Reading Room at http://www.nrc.gov/
designated the lead representative. leave to intervene may also address the reading-rm/adams.html. From this site,
Further, in accordance with 10 CFR selection of the hearing procedures, you can access the NRC’s Agencywide
2.309(f)(3), any requester/petitioner that taking into account the provisions of 10 Documents Access and Management
wishes to adopt a contention proposed CFR 2.310. System (ADAMS), which provides text
by another requester/petitioner must do and image files of NRC’s public
III. Further Information
so in writing within ten days of the date documents. The ADAMS accession
the contention is filed, and designate a Documents related to this action, numbers for the documents related to
representative who shall have the including the application for this notice are:
authority to act for the requester/ amendment and supporting
petitioner. documentation, are available
ADAMS Ac-
Document Date
cession No.
If you do not have access to ADAMS Manager, MOX Branch, Division of Fuel A License Application (LA) was
or if there are problems in accessing the Cycle Safety and Safeguards, Office of submitted to the NRC on September 27,
documents located in ADAMS, contact Nuclear Material Safety and Safeguards, 2006, requesting the approval for the
the NRC Public Document Room (PDR) U.S. Nuclear Regulatory Commission, possession and use of byproduct,
Reference staff at 1–800–397–4209, 301– Washington, DC 20555. Telephone: source, and special nuclear materials for
415–4737, or by e-mail to pdr@nrc.gov. (301) 415–6195; fax number: (301) 415– the MFFF. In the process of performing
These documents may also be viewed 5369; e-mail: dht@nrc.gov. the Acceptance/Acknowledgment
electronically on the public computers SUPPLEMENTARY INFORMATION: review of the LA, the staff identified
located at the NRC’s PDR, O–1–F21, some parts of the submittal that required
One White Flint North, 11555 Rockville I. Introduction modifications in order for the NRC to
Pike, Rockville, MD 20852. The PDR The Nuclear Regulatory Commission complete the initial review. The
reproduction contractor will copy (NRC) has received, by letter dated preliminary review of the LA indicated
documents for a fee. September 27, 2006, November 16, 2006 that much of the information required
Dated at Rockville, Maryland, this 8th day (document withheld based on 10 CFR by Part 70 (in particular, 10 CFR 70.22
of March, 2007. 2.390), and January 4, 2007 (a public and 10 CFR part 70, subpart H) to be in
For the U.S. Nuclear Regulatory redacted version), a license application an operating license application was
Commission. and supporting documents from Shaw contained in the Integrated Safety
Gary Janosko, AREVA MOX Services (MOX Services), Analyses (ISA) Summary. The staff also
Deputy Director, Fuel Facility Licensing requesting a license for possession and believed that some of the information
Directorate, Division of Fuel Cycle Safety and use of byproduct, source, and special that was identified to be withheld as
Safeguards, Office of Nuclear Material Safety nuclear materials for the Mixed Oxide proprietary should be publically
And Safeguards. Fuel Fabrication Facility (MFFF) to be available.
[FR Doc. E7–4750 Filed 3–14–07; 8:45 am] located on the Savannah River Site in On November 7, 2006, the NRC sent
BILLING CODE 7590–01–P Aiken, SC. a letter to Mr. David Stinson, President
On March 30, 2005, the NRC issued of MOX Services indicating the
a Construction Authorization (CA) to modifications that were needed in order
NUCLEAR REGULATORY MOX Services (formerly known as for the NRC to complete its initial
COMMISSION Duke, Cogema, Stone and Webster) for Acceptance/Acknowledgment review. A
a MFFF to be located at the Savannah revised LA was submitted to the NRC on
[Docket No. 70–3098]
River Site in Aiken, South Carolina November 16, 2006 (document was
Notice of License Application for (ML050660392).The NRC staff’s withheld under 10 CFR 2.390).
Possession and Use of Byproduct, technical basis for issuing the CA was The U.S. NRC staff performed an
Source, and Special Nuclear Materials set forth in NUREG–1821, ‘‘Final Safety acknowledgment/ acceptance review of
for the Mixed Oxide Fuel Fabrication Evaluation Report on the Construction the revised MFFF license submittals to
Facility, Aiken, SC, and Opportunity To Authorization Request for the Mixed determine if sufficient information was
Request a Hearing Oxide Fuel Fabrication Facility at the provided for the staff to begin a detailed
Savannah River Site, South Carolina’’ technical review.
AGENCY: Nuclear Regulatory (ML050660399). The results of the The submittals generally addressed
Commission. staff’s environmental review related to the requirements of an operating license
ACTION: Notice of license application, the issuance of the CA are contained in for a facility specified in 10 CFR part 70,
and opportunity to request a hearing. NUREG–1767, ‘‘Environmental Impact and the items specified in NUREG–
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Statement on the Construction and 1718, ‘‘Standard Review Plan for the
DATES: A request for a hearing must be Operation of a Mixed Oxide Fuel Review of an Application for a Mixed
filed by May 14, 2007. Fabrication Facility at the Savannah Oxide Fuel Fabrication Facility.’’ The
FOR FURTHER INFORMATION CONTACT: River Site, South Carolina—Final staff accepted the application for
David Tiktinsky, Senior Project Report’’ (ML050240233, ML050240250). technical review and docketing. The
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