[Federal Register Volume 72, Number 68 (Tuesday, April 10, 2007)]
[Notices]
[Pages 17942-17943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6742]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1]
General Electric Company; Morris Operation, Independent Spent
Fuel Storage Installation; Notice of Consideration of Approval of
Transfer of Special Nuclear Material License and Conforming Amendment
and Opportunity for a Hearing
The U.S. Nuclear Regulatory Commission (the Commission) is
considering the issuance of an order under 10 CFR 72.50 approving the
direct transfer of the Special Nuclear Material License No. SNM-2500
for the Morris Operation, Independent Spent Fuel Storage Installation
(ISFSI) currently held by General Electric Company, as owner and
licensed operator. The facility is located in Grundy County, Illinois,
near Morris, Illinois. The transfer would be to GE-Hitachi Nuclear
Energy Americas, LLC. The Commission is also considering amending the
license for administrative purposes to reflect the proposed transfer.
According to an application for approval filed by General Electric
Company, GE-Hitachi Nuclear Energy Americas, LLC, a newly formed
entity, would acquire ownership of the facility following approval of
the proposed license transfer, and would be responsible for the
operation and maintenance of the Morris Operation, ISFSI. This new
entity will be wholly owned by GE-Hitachi Nuclear Energy Holdings, LLC,
created as a parent company. A U.S. subsidiary or subsidiaries of
Hitachi Ltd., a Japanese company will hold a 40% ownership interest.
General Electric, through various subsidiaries, will hold a 60%
ownership interest.
No physical changes to the Morris Operation, ISFSI facility or
operational changes are being proposed in the application.
The proposed amendment would replace references to General Electric
Company in the license with references to GE-Hitachi Nuclear Energy
Americas, LLC, to reflect the proposed transfer.
Pursuant to 10 CFR 72.50, no license, or any part included in a
license issued under this part for an ISFSI, shall be transferred,
directly or indirectly, through transfer of control of the license,
unless the Commission gives its consent in writing. The Commission will
approve an application for the transfer of a license, if the Commission
determines that the proposed transferee is qualified to hold the
license, and that the transfer is otherwise consistent with applicable
provisions of law, regulations, and orders issued by the Commission.
Before issuance of the proposed conforming license amendment, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations.
As provided in 10 CFR 2.1315, unless otherwise determined by the
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of an ISFSI which does no
more than conform the license to reflect the transfer action involves
no genuine issue as to whether the health and safety of the public will
be significantly affected. No contrary determination has been made with
respect to this specific license amendment application.
The filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below.
Within 20 days from the date of publication of this notice, any
person whose interest may be affected by the Commission's action on the
application may request a hearing and, if not the applicant, may
petition for leave to intervene in a hearing proceeding on the
Commission's action. Requests for a hearing and petitions for leave to
intervene should be filed in accordance with the Commission's rules of
practice set forth in Subpart C ``Rules of General Applicability:
Hearing Requests, Petitions to Intervene, Availability of
[[Page 17943]]
Documents, Selection of Specific Hearing Procedures, Presiding Officer
Powers, and General Hearing Management for NRC Adjudicatory Hearings,''
of 10 CFR Part 2. In particular, such requests and petitions must
comply with the requirements set forth in 10 CFR 2.309. Untimely
requests and petitions may be denied, as provided in 10 CFR
2.309(c)(1), 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
2.309(c)(1)(i)-(viii).
Requests for a hearing and petitions for leave to intervene should
be served upon Mr. Donald J. Silverman, Morgan Lewis & Bockius, LLP,
1111 Pennsylvania Avenue, NW., Washington, DC 20004 (tel: 202-739-5502;
fax: 202-739-3001; e-mail: [email protected]); the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001
(e-mail address for filings regarding license transfer cases only:
[email protected]); and the Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, in accordance with 10 CFR 2.302
and 2.305.
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 a hearing will be published in the Federal Register and
served on the parties to the hearing.
As an alternative to requests for hearing and petitions to
intervene, within 30 days from the date of publication of this notice,
persons may submit written comments regarding the license transfer
application, as provided for in 10 CFR 2.1305. The Commission will
consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and should cite the publication date and page
number of this Federal Register notice.
For further details with respect to this action, see the
application dated January 19, 2007, available for public inspection at
the Commission's Public Document Room (PDR), located at One White Flint
North, Public File Area O1 F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available records will be accessible
electronically from the Agencywide Documents Access and Management
System's (ADAMS) Public Electronic Reading Room on the Internet at the
NRC Web site, http://www.nrc.gov/reading-rm/adams.html. 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 or 301-415-4737 or by e-mail to
[email protected].
Dated at Rockville, Maryland this 20th day of March, 2007.
For the Nuclear Regulatory Commission.
Robert A. Nelson,
Chief, Licensing Branch, Licensing and Inspection Directorate, Division
of Spent Fuel Storage and Transportation, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. E7-6742 Filed 4-9-07; 8:45 am]
BILLING CODE 7590-01-P