[Federal Register Volume 67, Number 220 (Thursday, November 14, 2002)]
[Notices]
[Pages 69048-69049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28903]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8027]


Notice of Consideration of Amendment Request for Sequoyah Fuels 
Corp., Gore, OK and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of a license amendment to materials license SUB-1010 issued to 
Sequoyah Fuels Corp. (SFC), to possess byproduct material as defined in 
the Atomic Energy Act (AEA) Section 11e.(2) at its site near Gore, 
Oklahoma.
    On January 5, 2001, SFC requested that the Nuclear Regulatory 
Commission (NRC) determine if waste material from the solvent 
extraction process at its site could be classified as AEA 11e.(2) 
byproduct material. By Staff Requirements Memorandum to SECY-02-0095, 
dated July 25, 2002, the Commission concluded that some of the waste at 
the SFC site could properly be classified as AEA 11e.(2) byproduct 
material. By letter dated September 30, 2002, SFC requested license 
SUB-1010 be amended to possess 11e.(2) byproduct material. An NRC 
administrative review found the request for license amendment (LA) 
acceptable to begin a technical review. If NRC approves the amendment 
request, SFC will be required to submit a reclamation plan for the site 
that meets the requirements of Appendix A to 10 CFR 40. If that plan is 
approved and SFC remediates the site to the specified criteria, the 
U.S. Department of Energy would become the owner of the land and 
responsible for long term stewardship under provisions of Title II to 
the Uranium Mill Tailings Radiation Control Act.
    If the NRC approves this LA, the approval will be documented in an 
amendment to NRC license SUB-1010. NRC considers the amendment to be 
administrative in nature, in that the Commission has determined that 
material possessed by SFC is 11e.(2) byproduct material and the license 
amendment will give SFC formal permission to possess that material. 
There will be no changes in the management of the facility, changes to 
the facility itself or to license conditions or procedures as a result 
of the proposed amendment that could impact public health, safety or 
the environment. Therefore, neither a Safety Evaluation Report nor an 
environmental evaluation will be prepared for the amendment.
    NRC hereby provides notice that this is a proceeding on an 
application for an amendment of a license falling within

[[Page 69049]]

the scope of Subpart L, ``Informal Hearing Procedures for Adjudication 
in Materials Licensing Proceedings,'' of NRC's rules of practice for 
domestic licensing proceedings in 10 CFR part 2. Pursuant to Sec.  
2.1205(a), any person whose interest may be affected by this proceeding 
may file a request for a hearing in accordance with Sec.  2.1205(d). A 
request for a hearing must be filed within thirty (30) days of the date 
of publication of this Federal Register notice.
    The request for a hearing must be filed with the Office of the 
Secretary either:
    1. By delivery to Secretary, U.S. Nuclear Regulatory Commission, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738;, 
between 7:45 a.m. and 4:15 p.m. Federal workdays; or
    2. By mail, telegram, or facsimile addressed to the Secretary, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001. Attention: 
Docketing and Services Branch. Because of continuing disruptions in the 
delivery of mail to United States Government offices, it is requested 
that requests for hearing be also transmitted to the Secretary of the 
Commission either by means of facsimile transmission to 301-415-1101, 
or by e-mail to [email protected].
    In accordance with 10 CFR Sec.  2.1205(f), each request for a 
hearing must also be served, by delivering it personally or by mail, 
to:
    1. The applicant, Sequoyah Fuels Corporation, PO Box 610, Gore, 
Oklahoma, Attention: Mr. John Ellis, and;
    2. The NRC staff, by delivery to the Office of the General Counsel, 
U.S. Nuclear Regulatory Commission, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852-2738, between 7:45 a.m. and 4:15 
p.m. Federal workdays, or by mail, addressed to the Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Because of continuing disruptions in the delivery of mail 
to United States Government offices, it is requested that requests for 
hearing be also transmitted to the Office of the General Counsel either 
by means of facsimile transmission to 301-415-3725, or by e-mail to 
[email protected].
    In addition to meeting other applicable requirements of 10 CFR part 
2 of NRC's regulations, a request for a hearing filed by a person other 
than an applicant must describe in detail:
    1. The interest of the requester in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requester should be permitted 
a hearing, with particular reference to the factors set out in Sec.  
2.1205(h);
    3. The requester's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    4. The circumstance establishing that the request for a hearing is 
timely in accordance with Sec.  2.1205(d).

FOR FURTHER INFORMATION: The application for amendment and supporting 
documentation are available for inspection at NRC's Public Electronic 
Reading Room on the NRC Web site http://www.nrc.gov/reading-rm.html. 
Questions with respect to this action should be referred to Mr. Myron 
Fliegel, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety 
and Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001. Telephone: 
(301) 415-6629.

    Dated at Rockville, Maryland, this 6th day of November, 2002.

    For the Nuclear Regulatory Commission.
Scott W. Moore,
Acting Chief, Decommissioning Branch, Division of Waste Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 02-28903 Filed 11-13-02; 8:45 am]
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