[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Pages 2429-2430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-691]



Atomic Safety and Licensing Board

[Docket No. 70-3103-ML; ASLBP No. 04-826-01-ML]

Memorandum and Order; Notice of Hearing and of Opportunity To 
Make Oral or Written Limited Appearance Statements

January 7, 2005.
    In the Matter of Louisiana Energy Services, L.P., (National 
Enrichment Facility); Before Administrative Judges: G. Paul 
Bollwerk, III, Chairman, Dr. Paul B. Abramson, Dr. Charles N. 

    The Atomic Safety and Licensing Board hereby gives notice that it 
will convene an evidentiary hearing to receive testimony and exhibits 
and allow the cross-examination of witnesses relating to certain 
matters at issue in this proceeding regarding the December 2003 
application of Louisiana Energy Services, L.P., (LES) for a license 
under 10 CFR part 70 to construct and operate a uranium enrichment 
facility--the National Enrichment Facility (NEF)--to be constructed 
near Eunice, New Mexico. In addition, the Board gives notice that, in 
accordance with 10 CFR 2.315(a), it will entertain oral limited 
appearance statements from members of the public in connection with 
this proceeding.

A. Date, Time, and Location of Evidentiary Hearing

    The Board will conduct an evidentiary hearing on certain 
environmental contentions (ECs) relating to this proceeding, currently 
scheduled to include contentions NIRS/PC EC-1--Impacts upon Ground and 
Surface Water; NIRS/PC EC-2--Impact upon Water Supplies; NIRS/PC EC-4--
Impacts of Waste Storage; NIRS/PC EC-7--Need for the Facility, 
beginning on Monday, February 7, 2005, at 9:30 a.m., in the Lea County 
Event Center, 5101 Lovington Highway, Hobbs, New Mexico. The hearing on 
these issues will continue day-to-day until concluded.
    The public is advised that, in accordance with 10 CFR 2.390, part 
of the sessions regarding each of the contentions may be closed to the 
public because the matters at issue may involve the discussion of 
protected information.

B. Date, Time, and Location of Oral Limited Appearance Statement 

    These sessions will be on the following date at the specified 
location and times:
    1. Date: Saturday, February 12, 2005; Time: Morning Session (if 
there is sufficient interest)--10 a.m. to noon mountain standard time 
(m.s.t.).; Location: Eunice Community Center, 1115 Avenue I, Eunice, 
New Mexico.
    2. Date: Saturday, February 12, 2005; Time: Afternoon Session (if 
there is sufficient interest)--2 to 4 p.m. m.s.t.; Location: Same as 
Session 1 above.

C. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party, or the representative of a party, to the 
proceeding will be permitted to make an oral statement setting forth 
his or her position on matters of concern relating to this proceeding. 
Although these statements do not constitute testimony or evidence, they 
nonetheless may help the Board and/or the parties in their 
consideration of the issues in this proceeding.
    Oral limited appearance statements will be entertained during the 
hours specified above, or such lesser time as may be necessary to 
accommodate the speakers who are present.\1\ In this

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regard, if all scheduled and unscheduled speakers present at a session 
have made a presentation, the Licensing Board reserves the right to 
terminate the session before the ending times listed above. The 
Licensing Board also reserves the right to cancel the Saturday morning 
and/or afternoon sessions scheduled above if there has not been a 
sufficient showing of public interest as reflected by the number of 
preregistered speakers.

    \1\ Any members of the public who plan to attend either the 
evidentiary hearings or the limited appearance sessions are strongly 
advised to arrive early to allow time to pass through any security 
measures that may be employed. Attendees are also requested not to 
bring any unnecessary hand-carried items, such as packages, 
briefcases, backpacks, or other items that might need to be examined 
individually. Items that could readily be used as weapons will not 
be permitted in the rooms where these sessions will be held. Also, 
during these sessions, signs no larger than 18'' by 18'' will be 
permitted, but may not be attached to sticks, held up, or moved 
about in the rooms.

    The time allotted for each statement normally will be no more than 
five minutes, but may be further limited depending on the number of 
written requests to make an oral statement that are submitted in 
accordance with section D below and/or the number of persons present at 
the designated times. In addition, although an individual may request 
an opportunity to speak at more than one session, the Licensing Board 
reserves the right to defer an additional presentation by the same 
individual until after it has heard from speakers who have not had an 
opportunity to make an initial presentation.
    Finally, the Board anticipates holding additional oral limited 
appearance statement sessions in the Hobbs, New Mexico area in 
conjunction with the evidentiary hearings currently scheduled for 
October and November 2005. The Board will make further information 
regarding those sessions available as the time for those hearings draws 

D. Submitting a Request To Make an Oral Limited Appearance Statement

    Persons wishing to make an oral statement who have submitted a 
timely written request to do so will be given priority over those who 
have not filed such a request. To be considered timely, a written 
request to make an oral statement must either be mailed, faxed, or sent 
by e-mail so as to be received by noon e.s.t. on Thursday, February 3, 
2005. The request must specify the session (morning or afternoon) 
during which the requester wishes to make an oral statement. Based on 
its review of the requests received by February 3, 2005, the Licensing 
Board may decide that the Saturday morning and/or afternoon sessions 
will not be held due to a lack of adequate interest in those sessions.
    Written requests to make an oral statement should be submitted to:
    Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-1101 (verification (301) 415-1966).
    E-mail: [email protected].
    In addition, using the same method of service, a copy of the 
written request to make an oral statement should be sent to the 
Chairman of this Licensing Board as follows:
    Mail: 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: (301) 415-5599 (verification (301) 415-7405).
    E-mail: [email protected] and [email protected].

E. Submitted Written Limited Appearance Statements

    A written limited appearance statement may be submitted to the 
Board regarding this proceeding at any time. Such statements should be 
sent to the Office of the Secretary using one of the methods prescribed 
above, with a copy to the Licensing Board Chairman.

F. Availability of Documentary Information Regarding the Proceeding

    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, 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).\2\ 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 (800) 
397-4209 or (301) 415-4737, or by e-mail to [email protected].

    \2\ Some documents determined to contain ``sensitive'' are 
publicly available only in redacted form; non-sensitive documents 
are publicly available in their complete form.

G. Scheduling Information Updates

    Any updated/revised scheduling information regarding the 
evidentiary hearing and limited appearance sessions can be found on the 
NRC Web site at http://www.nrc.gov/public-involve/public-meetings/index.cfm or by calling (800) 368-5642, extension 5036, or (301) 415-
    It is so ordered.

    Dated: January 7, 2005, Rockville, Maryland.

    For the Atomic Safety and Licensing Board.\3\

    \3\ Copies of this memorandum and order were sent this date by 
Internet e-mail transmission to counsel for (1) applicant Louisiana 
Energy Services, Inc.; (2) intervenors New Mexico Environment 
Department, the Attorney General of New Mexico, and Nuclear 
Information and Resource Service/Public Citizen; and (3) the NRC 

G. Paul Bollwerk III,
Administrative Judge.
[FR Doc. 05-691 Filed 1-12-05; 8:45 am]