[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Notices]
[Pages 33539-33541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11686]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1113]


Notice of License Renewal Request for Global Nuclear Fuel--
Americas, LLC, Wilmington, North Carolina, and Opportunity To Request a 
Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license renewal application, and opportunity to 
request a hearing.

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DATES: A request for a hearing must be filed by August 17, 2007.

FOR FURTHER INFORMATION CONTACT: Merritt Baker, Project Manager, Fuel 
Facility Licensing Directorate, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 
415-6155; fax number: (301) 415-5955; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U. S. Nuclear Regulatory Commission (NRC) has received, by 
letter dated April 2, 2007, a license renewal application from Global 
Nuclear Fuel-Americas, LLC (GNF--A), requesting renewal of License No. 
SNM-1097 for its fuel fabrication facility located in Wilmington, North 
Carolina. License No. SNM-1097 authorizes the licensee to possess and 
use special nuclear material for the manufacture of fuel for nuclear 
power plants.
    The Wilmington facility has been licensed by the Atomic Energy 
Commission and its successor, the NRC, to manufacture low-enriched 
uranium fuel for nuclear power plants. The license was renewed in 1997 
for a period of 10 years, expiring on June 30, 2007. By application 
dated April 2, 2007, GNF--A requested renewal of their license for a 
period of 40 years. The application addresses various topics, including 
ones related to emergency planning and physical security. The NRC will 
review the license renewal application for compliance with applicable 
safety requirements set forth in NRC regulations in Title 10 of the 
Code of Federal Regulations (10 CFR), which implement the Atomic Energy 
Act of 1954, as amended. The license renewal application included an 
Environmental Report, which the NRC will review in its evaluation of 
environmental issues, as required by 10 CFR Part 51, Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions, and the National Environmental Policy Act.
    An NRC administrative review, documented in a letter to GNF-A dated 
May 14, 2007 (ML071170603), found the application acceptable to begin 
the NRC's more detailed technical review. Because GNF-A filed the 
application for renewal not less than thirty (30) days before the 
expiration of the date stated in the existing license, the existing 
license will not expire until the Commission makes a final 
determination on the renewal application, in accordance with the timely 
renewal provision of 10 CFR 70.38(a)(1). If the NRC approves the 
renewal application, the approval will be documented in NRC License No. 
SNM-1097. However, as indicated above, before approving the proposed 
renewal, the NRC will make the findings required by the Atomic Energy 
Act of 1954, as amended, and NRC's regulations. The safety findings 
will be documented in a Safety Evaluation Report.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license renewal. In accordance with the general 
requirements in Subpart C of 10 CFR Part 2, as amended on January 14, 
2004 (69 FR 2182), any person whose interest may be affected by this 
proceeding and who desires to participate as a party, must file a 
written request for a hearing and a specification of the contentions 
which the person seeks to have litigated in the hearing.
    In accordance with 10 CFR 2.302 (a), a request for a hearing must 
be filed with the Commission either by:
    1. First class mail addressed to: Office of the Secretary, U.S. 
Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: 
Rulemakings and Adjudications Staff;
    2. Courier, express mail, and expedited delivery services: Office 
of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and 
Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal workdays;
    3. E-mail addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, [email protected]; or
    4. By facsimile transmission addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101; 
verification number is (301) 415-1966.

[[Page 33540]]

    In accordance with 10 CFR 2.302(b), all documents offered for 
filing must be accompanied by proof of service on all parties to the 
proceeding or their attorneys of record as required by law or by rule 
or order of the Commission, including:
    1. The applicant, Global Nuclear Fuel--Americas, LLC, 3901 Castle 
Hayne Road, Wilmington, North Carolina, 28402, Attention: Scott Murray; 
and
    2. The NRC staff, by delivery to the Office of the General Counsel, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by 
mail addressed to the Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Hearing requests 
should also be transmitted to the Office of the General Counsel, either 
by means of facsimile transmission to (301) 415-3725, or via e-mail to 
[email protected].
    The formal requirements for documents contained in 10 CFR 2.304(b), 
(c), (d), and (e), must be met. In accordance with 10 CFR 2.304 (f), a 
document filed by electronic mail or facsimile transmission need not 
comply with the formal requirements of 10 CFR 2.304(b), (c), and (d), 
as long as an original and two (2) copies otherwise complying with all 
of the requirements of 10 CFR 2.304(b), (c), and (d) are mailed within 
two (2) days thereafter to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by August 17, 2007.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, the general requirements involving a request for a hearing filed 
by a person other than an applicant must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requester's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requester's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requester's/petitioner's position on the 
issue and on which the requester/petitioner intends to rely to support 
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include references to specific portions of the license 
renewal application (including, if applicable, the applicant's 
environmental report and safety report) that the requester/petitioner 
disputes and the supporting reasons for each dispute, or, if the 
requester/petitioner believes the application fails to contain 
information on a relevant matter as required by law, the identification 
of each failure and the supporting reasons for the requester's/
petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the petition is filed, such as the application, supporting safety 
analysis report, environmental report or other supporting documents 
filed by an applicant or licensee, or otherwise available to the 
petitioner. On issues arising under the National Environmental Policy 
Act, the requester/petitioner shall file contentions based on the 
applicant's environmental report. The requester/petitioner may amend 
those contentions or file new contentions if there are data or 
conclusions in the NRC draft, or final environmental analysis, or any 
supplements relating thereto, that differ significantly from the data 
or conclusions in the applicant's documents. Otherwise, contentions may 
be amended or new contentions filed after the initial filing only with 
leave of the presiding officer.
    Each contention is to be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns safety issues relating to matters 
discussed or referenced in the Safety Evaluation Report for the 
proposed action.
    2. Environmental--primarily concerns environmental issues relating 
to matters discussed or referenced in the Environmental Report for the 
proposed action.
    3. Emergency Planning--primarily concerns issues relating to 
matters discussed or referenced in the Emergency Plan as it relates to 
the proposed action.
    4. Physical Security--primarily concerns issues relating to matters 
discussed or referenced in the Physical Security Plan as it relates to 
the proposed action.
    5. Miscellaneous--does not fall into one of the categories outlined 
above.
    Requesters/petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requesters/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that 
wishes to adopt a contention proposed by another requester/petitioner 
must do so in writing within ten days of the date the contention is 
filed, and designate a representative who shall have the authority to 
act for the requester/petitioner.
    In accordance with 10 CFR 2.309 (g), a request for hearing and/or 
petition for leave to intervene may also address the selection of the 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are:

[[Page 33541]]



 
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             Document                 ADAMS accession No.        Date
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Transmittal letter................  ML071000128............       4/2/07
License renewal application.......  ML071000128............       4/2/07
Site Environmental Report           ML071000137............       4/2/07
 Supplement.
Environmental Report Supplement     ML071000144............       4/2/07
 Appendix.
NRC acceptance letter.............  ML071170603............      5/14/07
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    If you do not have access to the NRC's ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR), reference staff at 1-800-397-4209, 301-415-
4737, or via e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O-1-F-21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 11th day of June, 2007.

    For the Nuclear Regulatory Commission.
Gary Janosko,
Deputy Director, Fuel Facility Licensing Directorate, Division of Fuel 
Cycle Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. E7-11686 Filed 6-15-07; 8:45 am]
BILLING CODE 7590-01-P