[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Notices]
[Page 17683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8212]


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NUCLEAR REGULATORY COMMISSION

ABB C-E Nuclear Power, Inc.

[Docket No. 70-36]


Hematite Fuel Operations, Notice of Consideration of Approval of 
Transfer of Facility License and Conforming Amendment and Opportunity 
for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of an amendment pursuant to Part 70 to Title 
10 of the Code of Federal Regulations approving the transfer of 
Material License SNM-33 held by ABB C-E Nuclear Power, Inc. 
(``ABBCENP'') as the owner and responsible licensee. The facility is 
authorized to use Special Nuclear Material (SNM) for research, 
development, and the fabrication of nuclear fuel pellets and fuel 
assemblies. The transfer would be to WAC LLC, an indirect, wholly owned 
subsidiary of British Nuclear Fuels (``BNFL''). The transfer is 
necessitated by the sale of the nuclear businesses of ABB Ltd. 
(``ABB'') to BNFL. Included in the sale is the transfer to BNFL of all 
outstanding shares of ABBCENP stock, the United States based nuclear 
business of ABB. The Commission is also considering amending the 
license for administrative purposes to reflect the proposed transfer. 
The facility is located in Festus, Missouri.
    According to an application dated March 10, 2000, for approval 
filed by ABBCENP, a new company ``NewCo'' (with the formal name of 
NewCo to be provided later) would assume ownership of the facility. In 
a subsequent submittal dated March 16, 2000, the new company name was 
changed from NewCo to WAC LLC. In the March 10 application it stated 
that there will be no changes affecting the existing health and safety 
programs; qualifications of safety personnel; equipment and facilities; 
or any other existing license requirements.
    The proposed amendment would replace references to ABBCENP in the 
license with references to WAC LLC and make other changes for 
administrative purposes to reflect the proposed transfer.
    Pursuant to 10 CFR 70.36, no license granted under the regulations 
in Part 70 and no right to possess or utilize special nuclear material 
granted by any license issued pursuant to the regulations in Part 70 
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 
give its prior consent in writing. The Commission will approve an 
application for the transfer of a license if the Commission determines 
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.
    Before issuance of the proposed conforming license amendment, the 
Commission will have made the findings required by the Atomic Energy 
Act of 1954, as amended (the Act), and the Commission's regulations.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below.
    By April 24, 2000, any person whose interest may be affected by the 
Commission's action on the application may request a hearing and, if 
not, the applicant may petition for leave to intervene in a hearing 
proceeding on the Commission's action. Requests for a hearing and 
petitions for leave to intervene should be filed in accordance with the 
Commission's rules of practice set forth in Subpart M, ``Public 
Notification, Availability of Documents and Records, Hearing Requests 
and Procedures for Hearings on License Transfer Applications,'' of 10 
CFR Part 2. In particular, such requests and petitions must comply with 
the requirements set forth in 10 CFR 2.1306, and should address the 
considerations contained in 10 CFR 2.1308(a). Untimely requests and 
petitions may be denied, as provided in 10 CFR 2.1308(b), unless good 
cause for failure to file on time is established. In addition, an 
untimely request or petition should address the factors that the 
Commission will also consider, in reviewing untimely requests or 
petitions, set forth in 10 CFR 2.1308(b)(1)-(2).
    Requests for a hearing and petitions for leave to intervene should 
be served upon: Mr. Robert S. Bell, Jr., Esq., Vice President and 
General Counsel, ABB C-E Nuclear Power, Inc.; 2000 Day Hill Road, Mail 
Stop 9515-426; Windsor, CT 06095; the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555 (e-mail address for filings 
regarding license transfer cases only: [email protected]); and the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff, in accordance with 10 CFR 2.1313.
    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.
    As an alternative to requests for hearing and petitions to 
intervene, by May 4, 2000, persons may submit written comments 
regarding the license transfer application, as provided for in 10 CFR 
2.1305. 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 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 the Federal Register notice.
    For further details with respect to this action, see the 
application dated March 10, 2000, available for public inspection at 
the Commission's Public Document Room, the Gelman Building, 2120 L 
Street, NW., Washington, DC, and accessible electronically through the 
ADAMS Public Electronic Reading Room link at the NRC Web site (http://www.nrc.gov).

    Dated at Rockville, Maryland this 29th day of March 2000.

    For the Nuclear Regulatory Commission.
Charles Emeigh,
Section Chief, Licensing Section, Licensing and International 
Safeguards Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards.
[FR Doc. 00-8212 Filed 4-3-00; 8:45 am]
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