[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Notices]
[Pages 45854-45855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17344]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-3103-ML; ASLBP No. 04-826-01-ML]
Atomic Safety and Licensing Board; In the Matter of Louisiana
Energy Services, L.P. (National Enrichment Facility); Notice of Hearing
(Application to Possess and Use Nuclear Material To Enrich Natural
Uranium by the Gas Centrifuge Process)
July 26, 2004.
Before Administrative Judges: G. Paul Bollwerk, III, Chairman, Dr.
Paul B. Abramson, Dr. Charles N. Kelber.
This proceeding concerns the December 12, 2003 application of
Louisiana Energy Services, L.P., (LES) for authorization to possess and
use source, byproduct, and special nuclear material in order to enrich
natural uranium to a maximum of five percent uranium-235 (U235) by the
gas centrifuge process. LES proposes to do this at a facility--
denominated the National Enrichment Facility (NEF)--to be constructed
near Eunice, New Mexico. In a January 30, 2004, issuance, the
Commission provided notice of the receipt and availability of the LES
application and of the opportunity for a hearing on the application.
(Louisiana Energy Services, L.P. (National Enrichment Facility), CLI-
04-3, 59 NRC 10 (2004).) That notice was published in the Federal
Register on February 6, 2004. (69 FR 5873 (Feb. 6, 2004).) Responding
to the February 2004 notice, two intervention petitions were filed by
governmental entities associated with the State of New Mexico--the New
Mexico Environment Department (NMED) and the Attorney General of New
Mexico (AGNM)--while a third was submitted by two public interest
organizations, the Nuclear Resource and Information Service and Public
Citizen (NIRS/PC). Each of their hearing requests/petitions to
intervene sought in accordance with 10 CFR 2.309 to interpose various
contentions challenging the application. In response to those hearing
requests, the petitions were referred by the Commission to the Atomic
Safety and Licensing Board Panel to conduct any subsequent
adjudication. On April 15, 2004, this Licensing Board was appointed to
preside over this proceeding. (69 FR 22100 (Apr. 23, 2004).) The Board
consists of Dr. Paul B. Abramson, Dr. Charles N. Kelber, and G. Paul
Bollwerk, III, who serves as Chairman of the Board.
On June 15, 2004, the Board conducted an initial prehearing
conference in Hobbs, New Mexico, during which it heard oral
presentations regarding the admissibility of thirty-two contentions
proffered by the petitioners. Thereafter, in a July 19, 2004 issuance
the Board noted that all the petitioners have established the requisite
standing to intervene in this proceeding and ruled that each has
submitted at least one admissible contention concerning the LES
application so that each can be admitted as a party to this proceeding.
(Louisiana Energy Services, L.P. (National Enrichment Facility), LBP-
04-14, 60 NRC---- (July 19, 2004).)
In light of the foregoing, please take notice that a hearing will
be conducted in this contested proceeding. This hearing will be
governed by the formal hearing procedures set forth in 10 CFR part 2,
subparts C and G (10 CFR 2.300-.390, 2.700-.713). Further, with respect
to matters of law and fact regarding whether the LES application
satisfies the standards set forth in the Commission's January 30, 2004
order and the applicable standards in 10 CFR 30.33, 40.32, and 70.23
that are not covered by admitted contentions, without conducting a de
novo evaluation of the application the Board will determine (1) whether
the application and the record of the proceeding contain sufficient
information and whether the NRC staff's review of the application has
been adequate to support findings to be made by the Director of the
Office of Nuclear Materials Safety and Safeguards, regarding the
standards set forth above; and (2) whether the review conducted by the
staff pursuant to 10 CFR part 51 is adequate. Also, in accordance with
Subpart A of 10 CFR part 51, the Board in its initial decision will (1)
determine whether the requirements of sections 102(2)(A), (C), and (E)
of the National Environmental Policy Act of 1969 and 10 CFR part 51,
subpart A, have been complied with in the proceeding; (2) independently
consider the final balance among conflicting factors contained in the
record of proceeding with a view to determining the appropriate action
to be taken; and (3) determine whether a license should be issued,
denied, or conditioned to protect the environment.
During the course of the proceeding, the Board may conduct an oral
argument, as provided in 10 CFR 2.331, may hold additional prehearing
conferences pursuant to 10 CFR 2.329, and may conduct evidentiary
hearings in accordance with 10 CFR 2.327-.328, 2.711. The public is
invited to attend any oral argument, prehearing conference, or
evidentiary hearing. Notices of those sessions will be published in the
Federal Register and/or made available to the public at the NRC Public
Document Room (PDR), located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland, and through the NRC Web site,
http://www.nrc.gov.
Additionally, as provided in 10 CFR 2.315(a), any person not a
party to the proceeding may submit a written limited appearance
statement. Limited appearance statements, which are placed in the
docket for the hearing, provide members of the public with an
opportunity to make the Board and/or the participants aware of their
concerns about matters at issue in the proceeding. A written limited
appearance statement can be submitted at any time and should be sent to
the Office of the Secretary using one of the methods prescribed below:
Mail to: Office of the Secretary, Rulemakings and Adjudications
Staff,
[[Page 45855]]
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax to: (301) 415-1101 (verification (301) 415-1966).
E-mail to: [email protected].
In addition, a copy of the limited appearance statement should be
sent to the Licensing Board Chairman using the same method at the
address below:
Mail to: Administrative Judge G. Paul Bollwerk, III, Atomic Safety
and Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax to: (301) 415-5599 (verification (301) 415-7550).
E-mail to: [email protected].
At a later date, the Board may entertain oral limited appearance
statements at a location or locations in the vicinity of the proposed
NEF. Notice of any oral limited appearance sessions will be published
in the Federal Register and/or made available to the public at the NRC
PDR and on the NRC Web site, http://www.nrc.gov.
Documents relating to this proceeding are available for public
inspection at the Commission's PDR or electronically from the publicly
available records component of NRC's document system (ADAMS). ADAMS is
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room). Persons who do not
have access to ADAMS or who encounter problems in accessing the
documents located in ADAMS should contact the NRC PDR Reference staff
by telephone at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
It is so ordered.
(Copies of this notice of hearing were sent this date by Internet e-
mail transmission to counsel for (1) applicant LES; (2) petitioners
NMED, the AGNM, and NIRS/PC; and (3) the staff.)
Rockville, Maryland, July 26, 2004.
For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Administrative Judge.
[FR Doc. 04-17344 Filed 7-29-04; 8:45 am]
BILLING CODE 7590-01-P