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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.

Transmittal letter ...................................................................................................................................................... ML063110083 10/24/06


License renewal application public version ............................................................................................................. ML063110089 10/24/06
Environmental Report .............................................................................................................................................. ML063110087 10/31/06
Additional information .............................................................................................................................................. ML063530128 12/13/06
NRC acceptance letter ............................................................................................................................................ ML070320061 02/07/07

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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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices 12205

Acceptance/Acknowledgment review by rule or order of the Commission, 3. Demonstrate that the issue raised in
was documented in a letter to MOX including: the contention is within the scope of the
Services dated December 20, 2006 1. The applicant, Shaw AREVA MOX proceeding;
(ML063530612). A redacted public Services, P.O. Box 7097, Aiken, SC 4. Demonstrate that the issue raised in
version of the LA was submitted to the 29804, Attention: Dealis Gwyn; and the contention is material to the
NRC on January 4, 2007 (ML070160304 2. The NRC staff, by delivery to the findings that the NRC must make to
and ML070160311). Office of the General Counsel, One support the action that is involved in
The NRC will review the license White Flint North, 11555 Rockville the proceeding;
application for compliance with Pike, Rockville, MD 20852, or by mail 5. Provide a concise statement of the
applicable sections of regulations in addressed to the Office of the General alleged facts or expert opinions which
Title 10 of the Code of Federal Counsel, U.S. Nuclear Regulatory support the requester’s/petitioner’s
Regulations (10 CFR)—Energy, Chapter Commission, Washington, DC 20555– position on the issue and on which the
I—Nuclear Regulatory Commission. 0001. Hearing requests should also be requester/petitioner intends to rely to
If the NRC approves the application, transmitted to the Office of the General support its position on the issue; and
the approval will be documented in an Counsel, either by means of facsimile 6. Provide sufficient information to
NRC License. However, before transmission to (301) 415–3725, or via e- show that a genuine dispute exists with
approving the request for an operating mail to ogcmailcenter@nrc.gov. the applicant on a material issue of law
license, the NRC will need to make the The formal requirements for or fact. This information must include
findings required by the Atomic Energy documents contained in 10 CFR references to specific portions of the
Act of 1954, as amended, and NRC’s 2.304(b), (c), (d), and (e), must be met. application that the requester/petitioner
regulations. These findings will be In accordance with 10 CFR 2.304(f), a disputes and the supporting reasons for
documented in a Safety Evaluation document filed by electronic mail or each dispute, or, if the requester/
Report. facsimile transmission need not comply petitioner believes the application fails
with the formal requirements of 10 CFR to contain information on a relevant
II. Opportunity To Request a Hearing
2.304(b), (c), and (d), as long as an matter as required by law, the
The NRC hereby provides notice that original and two (2) copies otherwise identification of each failure and the
this is a proceeding on an application complying with all of the requirements supporting reasons for the requester’s/
for a license. In accordance with the of 10 CFR 2.304(b), (c), and (d) are petitioner’s belief.
general requirements in subpart C of 10 mailed within two (2) days thereafter to In addition, in accordance with 10
CFR part 2, as amended on January 14, the Secretary, U.S. Nuclear Regulatory CFR 2.309 (f)(2), contentions must be
2004 (69 FR 2182), any person whose Commission, Washington, DC 20555– based on documents or other
interest may be affected by this 0001, Attention: Rulemakings and information available at the time the
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, or other supporting documents
of the contentions which the person May 14, 2007. filed by an applicant or licensee, or
seeks to have litigated in the hearing. In addition to meeting other otherwise available to the petitioner.
In accordance with 10 CFR 2.302(a), applicable requirements of 10 CFR Each contention shall be given a
a request for a hearing must be filed 2.309, the general requirements separate numeric or alpha designation
with the Commission either by: involving a request for a hearing filed by within one of the following groups:
1. First class mail addressed to: Office a person other than an applicant must 1. Technical—primarily concerns
of the Secretary, U.S. Nuclear state: issues relating to matters discussed or
Regulatory Commission, Washington, 1. The name, address, and telephone referenced in the Safety Evaluation
DC 20555–0001, Attention: Rulemakings number of the requester; Report for the proposed action.
and Adjudications Staff; 2. The nature of the requester’s right 2. Environmental—primarily concerns
2. Courier, express mail, and under the Act to be made a party to the issues relating to matters discussed or
expedited delivery services: Office of the proceeding; referenced in the Environmental Report
Secretary, Sixteenth Floor, One White 3. The nature and extent of the for the proposed action.
Flint North, 11555 Rockville Pike, requester’s property, financial or other 3. Emergency Planning—primarily
Rockville, MD 20852, Attention: interest in the proceeding; concerns issues relating to matters
Rulemakings and Adjudications Staff, 4. The possible effect of any decision discussed or referenced in the
between 7:45 a.m. and 4:15 p.m., or order that may be issued in the Emergency Plan as it relates to the
Federal workdays; proceeding on the requester’s interest; proposed action.
3. E-mail addressed to the Office of and 4. Physical Security—primarily
the Secretary, U.S. Nuclear Regulatory 5. The circumstances establishing that concerns issues relating to matters
Commission, hearingdocket@nrc.gov; or the request for a hearing is timely in discussed or referenced in the Physical
4. By facsimile transmission accordance with 10 CFR 2.309 (b). Security Plan as it relates to the
addressed to the Office of the Secretary, In accordance with 10 CFR 2.309 proposed action.
U.S. Nuclear Regulatory Commission, (f)(1), a request for hearing or petitions 5. Miscellaneous—does not fall into
Washington, DC, Attention: for leave to intervene must set forth one of the categories outlined above.
Rulemakings and Adjudications Staff, at with particularity the contentions If the requester/petitioner believes a
(301) 415–1101; verification number is sought to be raised. For each contention, contention raises issues that cannot be
(301) 415–1966. the request or petition must: classified as primarily falling into one of
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In accordance with 10 CFR 2.302 (b), 1. Provide a specific statement of the these categories, the requester/petitioner
all documents offered for filing must be issue of law or fact to be raised or must set forth the contention and
accompanied by proof of service on all controverted; supporting bases, in full, separately for
parties to the proceeding or their 2. Provide a brief explanation of the each category into which the requester/
attorneys of record as required by law or basis for the contention; petitioner asserts the contention belongs

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12206 Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Notices

with a separate designation for that the contention is filed, and designate a supporting documentation, are available
category. representative who shall have the electronically at the NRC’s Electronic
Requesters/petitioners should, when authority to act for the requester/ Reading Room at http://www.nrc.gov/
possible, consult with each other in petitioner. reading-rm/adams.html. From this site,
preparing contentions and combine In accordance with 10 CFR 2.309 (g), you can access the NRC’s Agencywide
similar subject matter concerns into a a request for hearing and/or petition for Document Access and Management
joint contention, for which one of the leave to intervene may also address the System (ADAMS), which provides text
co-sponsoring requesters/petitioners is selection of the hearing procedures, and image files of NRC’s public
designated the lead representative. taking into account the provisions of 10 documents. The ADAMS accession
Further, in accordance with 10 CFR CFR 2.310. numbers for the documents related to
2.309 (f)(3), any requester/petitioner that
wishes to adopt a contention proposed III. Further Information this notice are:
by another requester/petitioner must do Documents related to this action,
so in writing within ten days of the date including the application and

ADAMS Ac-
Document Date
cession No.

License Application for the MFFF ........................................................................................................................... ML062750194 09/27/2006


Request for exemption from decommissioning requirements ................................................................................. ML062720071 09/27/2006
Request for exemption from radiation labeling requirements ................................................................................. ML062720076 09/27/2006
Request for exemption from indemnity agreement and financial protection requirement ...................................... ML062720082 09/27/2006
NRC letter with comments on LA content review ................................................................................................... ML063100216 11/07/2006
Emergency plan assessment .................................................................................................................................. ML063250124 11/16/2007
ML063250129
NRC acceptance/acknowledgment review letter ..................................................................................................... ML063530612 12/20/2006
Transmittal letter for public version of LA ............................................................................................................... ML070160304 01/04/2007
License application public version ........................................................................................................................... ML070160311 01/04/2007

If you do not have access to ADAMS NUCLEAR REGULATORY identification and criminal history
or if there are problems in accessing the COMMISSION records check of any person who is
documents located in ADAMS, contact [EA–07–055]
permitted unescorted access to
the NRC Public Document Room (PDR) radioactive materials subject to
Reference staff at 1–800–397–4209, 301– In the Matter of Holder of Material regulation by the Commission, and
415–4737, or by e-mail to pdr@nrc.gov. License Authorized To Use Sealed which the Commission determines to be
These documents may also be viewed Sources in Panoramic and Underwater of such significance to the public health
electronically on the public computers Irradiators and Possess Greater Than and safety or the common defense and
located at the NRC’s PDR, O–1–F–21, 370 Terabecquerels (10,000 Curies); security as to warrant fingerprinting and
One White Flint North, 11555 Rockville Order Imposing Fingerprinting and background checks. NRC has decided to
Pike, Rockville, MD 20852. The PDR Criminal History Records Check implement this requirement, in part,
Requirements for Unescorted Access prior to the completion of the
reproduction contractor will copy
to Certain Radioactive Material rulemaking to implement the provisions
documents for a fee.
(Effective Immediately) under the EPAct, which is underway,
Dated at Rockville, Maryland, this 7th day
I because a deliberate malevolent act by
of March, 2007.
an individual with unescorted access to
For the Nuclear Regulatory Commission. The Licensee identified in
these radioactive materials has a
Joseph Giitter, Attachment 1 1 to this Order holds a
license issued in accordance with the potential to result in significant adverse
Director, Special Project, and Technical
Atomic Energy Act (AEA) of 1954, as impacts to the public health and safety
Support Directorate, Division of Fuel Cycle or the common defense and security.
amended, by the U.S. Nuclear
Safety and Safeguards, Office of Nuclear Those exempted, from fingerprinting
Material Safety and Safeguards.
Regulatory Commission (NRC or
Commission) or Agreement States, requirements under 10 CFR 73.61 (72
[FR Doc. E7–4751 Filed 3–14–07; 8:45 am] FR 4945 (February 2, 2007)) are also
authorizing possession of greater than
BILLING CODE 7590–01–P 370 Terabecquerels (10,000 curies) of exempt from the fingerprinting
byproduct material, in the form of requirements under this Order. In
sealed sources, either in panoramic addition, individuals who have a
irradiators that have dry or wet storage favorably-decided U.S. Government
of the sealed sources, or in underwater criminal history record check within the
irradiators in which both the source and last five (5) years, or individuals who
the product being irradiated are have an active federal security clearance
underwater. On August 8, 2005, the (provided in each case that they make
Energy Policy Act of 2005 (EPAct) was available the appropriate
enacted. Section 652 of the EPAct documentation), have satisfied the
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amended Section 149 of the AEA to EPAct fingerprinting requirement and


require fingerprinting and a Federal need not be fingerprinted again.
Bureau of Investigation (FBI)
Individuals who have been
1 Attachment 1 contains sensitive information fingerprinted and granted access to
and will not be released to the public.

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