[Federal Register Volume 66, Number 56 (Thursday, March 22, 2001)]
[Notices]
[Pages 16070-16071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7101]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-36]


CE Nuclear Power LLC; Hematite Fuel Operations; Notice of 
Consideration of Request for Consent to Transfer of Facility License 
and Conforming Amendment and Opportunity for Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of request for consent to transfer of 
facility license and conforming amendment and opportunity for hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (the Commission) is 
considering the issuance of a letter of consent and an amendment 
pursuant to part 70 to Title 10 of the Code of Federal Regulations 
approving the transfer of Materials License SNM-33 held by CE Nuclear 
Power LLC (``CENP''), a wholly-owned subsidiary of Westinghouse 
Electric Company LLC (``Westinghouse'') 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 and operates in Hematite, Missouri. The 
transfer would be from CENP to its parent, Westinghouse.

FOR FURTHER INFORMATION CONTACT: Mohammad W. Haque, Project Manager, 
Fuel Cycle Licensing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555; telephone: (301) 
415-6640, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (the 
Commission) is considering the issuance of a letter of consent and an 
amendment pursuant to part 70 to Title 10 of the Code of Federal 
Regulations approving the transfer of Materials License SNM-33 held by 
CE Nuclear Power LLC (``CENP''), a wholly-owned subsidiary of 
Westinghouse Electric Company LLC (``Westinghouse'') 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 and operates in Hematite, 
Missouri. The transfer would be from CENP to its parent, Westinghouse.
    The transfer is necessitated by the planned merger of CENP, 
including all of its assets and personnel, into its parent, 
Westinghouse, to be effective as of April 2, 2001. The Commission is 
also considering amending the license for administrative purposes to 
reflect the proposed transfer.
    According to CENP's application dated February 16, 2001, all 
Commission licensed activities affected by the transfer of the 
Materials License will be the same before and after the transfer. All 
personnel having control of licensed activities under the Materials 
License, as amended and transferred to Westinghouse, will be the same 
personnel who currently have responsibilities under the Materials 
License, as held by CENP.
    The proposed license amendment would replace references to CENP in 
the license with references to Westinghouse 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 11, 2001, any person whose interest may be affected by the 
Commission's action on the application may request a hearing and 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, General 
Counsel and Secretary, CE Nuclear Power LLC; 2000 Day Hill Road; 
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

[[Page 16071]]

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 April 23, 2001, 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 February 16, 2001, available for public inspection at 
the Commission's Public Document Room at One White Flint North, 11555 
Rockville Pike, Rockville, Maryland, 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 16th day of March 2001.

    For the Nuclear Regulatory Commission.
Philip Ting,
Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 01-7101 Filed 3-21-01; 8:45 am]
BILLING CODE 7509-01-P