[Federal Register Volume 68, Number 162 (Thursday, August 21, 2003)]
[Notices]
[Pages 50558-50559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21418]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-7580]


Notice of Consideration of a License Amendment Request by 
Fansteel, Inc., for Approval of Transfer of its Muskogee, OK Facility 
License, and Opportunity to Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of an amendment request to authorize 
transfer of a license, and opportunity to provide written comments or 
to request a hearing.

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FOR FURTHER INFORMATION CONTACT: J.C. Shepherd, Decommissioning Branch, 
Division of Waste Management, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone: (301) 415-6712; Fax: (301) 415-5398; and/or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of a license amendment to Fansteel, Inc.'s (Fansteel) 
materials license SMB-911 to authorize transfer of its license to MRI, 
Inc. License SMB-911 was issued to Fansteel under 10 CFR part 40 and 
authorizes Fansteel to possess up to 400 tons of natural uranium and 
thorium in any form. The material at the Muskogee site is in the form 
of uranium, thorium, radium, and decay-chain products in process 
equipment and buildings, soil, sludge, and groundwater.
    On July 24, 2003, Fansteel submitted a request for authorization to 
transfer the current license with an amended Decommissioning Plan 
(currently under review and the subject of Federal Register notice 68 
FR 47621, which provides an opportunity to provide comments and/or to 
request a hearing on that action) to MRI, Inc., a corporation to be 
formed under Delaware law as part of Fansteel's exit from bankruptcy. 
In conjunction with this request, Fansteel submitted with its request, 
a ``Joint Reorganization Plan of Fansteel, Inc. and Subsidiaries'' and 
a ``Disclosure Statement with Respect to Joint Reorganization Plan of 
Fansteel, Inc. Et Al.'' to the United States Bankruptcy Court for the 
District of Delaware.
    Pursuant to 10 CFR 40.46, no license issued or granted under the 
regulations in Part 40, 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, after securing full information that the 
transfer is in accordance with the provisions of the Atomic Energy Act 
of 1954, as amended (AEA), gives its consent in writing. Therefore, 
before the issuance of an amendment, the NRC will have made the 
findings required by the AEA, and NRC's regulations. These findings 
will be documented in a Safety Evaluation Report. An Environmental 
Assessment (EA) will not be performed because, pursuant to 10 CFR 
51.22(c)(21), this action is categorically excluded from the 
requirement to perform an EA.

II. Opportunity to Provide Written Comments

    In accordance with 10 CFR 2.1305, the NRC is providing notice that, 
as an alternative to requests for hearings and petitions to intervene, 
persons may submit written comments regarding license transfer 
applications; however, such comments will not constitute part

[[Page 50559]]

of the decisional record. Comments should be submitted within 30 days 
after notice of receipt is published in the Federal Register, by mail, 
telegram, or facsimile, addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Attention: Rulemaking 
and Adjudications Staff. Because of continuing disruptions in the 
delivery of mail to United States Government offices, it is requested 
that written comments 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].

III. Opportunity to Request a Hearing

    NRC hereby also provides notice that this is a proceeding on an 
application for an amendment of a license falling within the scope of 
Subpart M, ``Public Notification, Availability of Documents and 
Records, Hearing Requests and Procedures for Hearing on License 
Transfer Applications,'' of NRC's rules of practice for domestic 
licensing proceedings in 10 CFR part 2. Pursuant to Sec.  2.1306(a), 
any person whose interest may be affected by this action may file a 
request for a hearing or petition for leave to intervene in accordance 
with Sec.  2.1306(b). Pursuant to Sec.  2.1306(c), to be timely, 
hearing requests and intervention petitions must be filed not later 
than 20 days after notice of receipt is published in the Federal 
Register.
    In accordance with 10 CFR 2.1306(b)(4) and 2. 1313(b), the request 
for a hearing or intervention petition must be filed with:
    1. The applicant, Fansteel, Inc., Number One Tantalum Place, North 
Chicago, IL 60064 Attention: Mr. Gary Tessitore, and;
    2. The Office of the Secretary either:
    (a) 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
    (b) By mail, telegram, or facsimile, addressed to the Secretary, 
U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. 
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]. , and;
    In accordance with 10 CFR 2.1313(b), each hearing request or 
intervention petition must also be served, by delivering it personally 
or by mail, to:
    1. 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 am and 4:15 pm 
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 
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 NRC's regulations, hearing requests and intervention petitions 
must:
    1. State the name, address, and telephone number of the requestor 
or petitioner;
    2. Set forth the issues sought to be raised, and
    (a) demonstrate that such issues are within the scope of the 
proceeding on the license transfer application,
    (b) demonstrate that such issues are relevant to the findings the 
NRC must make to grant the application for license transfer,
    (c) provide a concise statement of the alleged facts or expert 
opinions which support the petitioner's position on the issues and on 
which the petitioner intends to rely at hearing, together with 
references to the specific sources and documents on which the 
petitioner intends to rely to support its position on the issues, and
    (d) provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact;
    3. Specify both the facts pertaining to the petitioner's interest 
and how that interest may be affected with particular reference to the 
factors in 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).
    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 any such hearing will be published in the Federal 
Register and served on the parties to the hearing.

IV. Further Information

    In accordance with 10 CFR 2.790 of the NRC's ``Rules of Practice,'' 
details with respect to this action, including the application for 
amendment and supporting documentation, are available electronically 
for public inspection and copying from the Publicly Available Records 
(PARS) component of NRC's document system (ADAMS). ADAMS is accessible 
from the NRC Web site at http://www.nrc.gov/reading-rm.html. These 
documents may also be examined, and/or copied for a fee, at the NRC 
Public Document Room (PDR), located at One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

    Dated at Rockville, Maryland, this 15th day of August, 2003.

For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Chief, Decommissioning Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 03-21418 Filed 8-20-03; 8:45 am]
BILLING CODE 7590-01-P