[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Notices]
[Pages 32849-32851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15269]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1257]


Framatome ANP Richland, Inc.; Notice of Consideration of Request 
for Consent To Transfer of Facility License and Conforming Amendment 
and Opportunity for Hearing

AGENCY: U.S. Nuclear Regulatory Commission.

[[Page 32850]]


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-1227 held by Framatome 
ANP Richland, Inc. as the owner and responsible licensee. The facility 
is authorized to use Special Nuclear Material (SNM) for the fabrication 
of nuclear fuel pellets and fuel assemblies and operates in Richland, 
WA. The transfer would be from Framatome ANP Richland, Inc. to its 
parent company, Framatome ANP, Inc.

FOR FURTHER INFORMATION CONTACT: Mohammad W. Haque, Project Manager, 
Fuel Cycle Licensing Branch, Division of Fuel Cycle 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-1227, held 
by Framatome ANP Richland, Inc. as the owner and responsible licensee, 
to its parent company, Framatome ANP, Inc. The facility is authorized 
to use Special Nuclear Material (SNM) for the fabrication of nuclear 
fuel pellets and fuel assemblies and operates in Richland, WA.
    The transfer is necessitated by the planned merger of Framatome ANP 
Richland, Inc., into its parent company Framatome ANP, Inc. Upon 
closing of the transaction, Framatome ANP Richland, Inc., will operate 
under the name Framatome ANP, Inc. The Commission is considering 
Framatome ANP Richland, Inc.'s application and request, dated May 31, 
2001, for Commission consent to the transfer of Materials License SNM-
1227 to Framatome ANP, Inc. effective upon the closing of the 
transaction, and a license amendment for administrative purposes to 
reflect the proposed transfer.
    According to Framatome ANP Richland, Inc.'s application dated May 
31, 2001, 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. All the present 
obligations of Framatome ANP Richland, Inc., under the current license 
will pass unchanged to Framatome ANP, Inc., with the exception of the 
form of financial assurance for decommissioning. Framatome ANP 
Richland, Inc.'s application includes an unexecuted letter of credit 
and a standby third-party trust agreement, and a commitment to provide 
fully executed documents before the closing date.
    The proposed license amendment would change the name of the 
licensee from Framatome ANP Richland, Inc. to Framatome ANP, Inc. 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 gives 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 make 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 (20 days after publication), 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. R.S. Freeman, Manager, Environmental, Health, 
Safety and Licensing, Framatome ANP Richland, Inc., 2101 Horn Rapids 
Road, Richland, WA 99352; 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 (30 days after publication), 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 May 31, 2001, available for public inspection at the 
Commission's Public Document Room at One White Flint North, 11555 
Rockville Pike, Rockville, MD, 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 12th day of June, 2001.


[[Page 32851]]


    For the U.S. Nuclear Regulatory Commission.
Michael Lamastra,
Acting Chief, Fuel Cycle Licensing Branch, Division of Fuel Cycle 
Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 01-15269 Filed 6-15-01; 8:45 am]
BILLING CODE 7590-01-P