[Federal Register Volume 68, Number 72 (Tuesday, April 15, 2003)]
[Notices]
[Pages 18268-18269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9197]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8027]


Sequoyah Fuels Corp.; Notice of Receipt of Amendment Request and 
Opportunity To Request a Hearing

I. Introduction

    The U. S. Nuclear Regulatory Commission (NRC) has received, by 
letter dated January 28, 2003, a request from Sequoyah Fuels Corp. 
(SFC) for approval of a license amendment to Materials License SUB-
1010, to address clean up and reclamation of the SFC site.
    The SFC facility, located near Gore, Oklahoma, operated from 1970 
to 1993, converting uranium oxide (yellowcake) to uranium hexaflouride, 
a step in the production of nuclear reactor fuel. From 1987 to 1993, 
the facility was also used to convert depleted uranium hexaflouride to 
uranium tetraflouride. The facility is currently licensed only to 
possess radioactive material. Originally, the license only permitted 
possession of source material. However, in a 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 byproduct material as defined in section 11e.(2) of the 
Atomic Energy Act of 1954 as amended (AEA).
    In response to a request from SFC, on December 11, 2002, NRC 
amended the license to allow possession of 11e.(2) byproduct material, 
in addition to source material.
    In its reclamation plan, SFC proposes to build a disposal cell on 
the site and put the radioactive waste in that cell. The cell is 
designed to meet the requirements, in 10 CFR part 40, appendix A, for 
disposal of 11e.(2) byproduct material. SFC also requested permission 
to dispose of source material wastes in the cell, under the guidance in 
Attachment 1 to NRC Regulatory Issue Summary 2000-23 (November 30, 
2000).
    The staff will review SFC's request for conformance with 10 CFR 
Parts 20 and 40, using NUREG-1620, ``Standard Review Plan for the 
Review of a Reclamation Plan for Mill Tailings Sites Under Title II of 
the Uranium Mill Tailings Radiation Control Act'' and other applicable 
agency regulations and guidance. If NRC approves SFC's request, the 
approval will be documented in an amendment to SFC's license. However, 
before approving the request, NRC will need to make the findings 
required by the AEA and NRC regulations. These findings will be 
documented in a Technical Evaluation Report and an Environmental Impact 
Statement.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for an amendment of a license falling within the scope of 
Subpart L, ``Informal Hearing Procedures for Adjudications in Materials 
and Operator Licensing Proceedings'' of NRC's rules and 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 30 days of the 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 the Rulemaking and Adjudications Staff of the 
Office of the Secretary of the Commission at One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852, between 7:45 a.m. and 4:15 
p.m., Federal workdays; or
    (2) By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Rulemaking and 
Adjudications Staff. Because of continuing disruptions in the delivery 
of mail to United States Government offices, it is requested that 
requests for hearing also be 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 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, P.O. Box 610, Gore, 
Oklahoma, Attention: Mr. John Ellis; and
    (2) The NRC staff, by delivery to the Office of the General 
Counsel, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852, between 7:45 a.m. and 4:15 p.m., Federal workdays, or by mail 
addressed to the

[[Page 18269]]

Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Because of continuing disruptions in the delivery 
of mail to United States Government offices, it is requested that 
requests for hearing also be 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 the 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 requestor;
    (2) How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in Sec.  
2.1205(h);
    (3) The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    (4) The circumstances establishing that the request for a hearing 
is timely in accordance with Sec.  2.1205(d).

III. Further Information

    The application for the license amendment and the request to revise 
the License Application are available for inspection at NRC's Public 
Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
Documents may also be examined and/or copied for a fee, at the NRC's 
Public Document Room, located at One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20854. Any questions with respect to this action 
should be referred to 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, 
Mail Stop T8-A33, Washington, DC 20555-0001. Telephone: (301) 415-6629.

    Dated at Rockville, Maryland, this 8th day of April, 2003.

    For the Nuclear Regulatory Commission.
Lidia Roch[eacute],
Acting Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle 
Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 03-9197 Filed 4-14-03; 8:45 am]
BILLING CODE 7590-01-P