[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Pages 74352-74354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25406]



[Docket No. 70-143]

Notice of License Amendment Request of Nuclear Fuel Services, 
Inc., Erwin, TN, and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment, and opportunity to request a 


DATE: A request for a hearing must be filed by February 29, 2008.

Manager, Fuel Manufacturing Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC, 20555. Telephone: (301) 
492-3123; fax number: (301) 492-3359; e-mail: [email protected].


I. Introduction

    The Nuclear Regulatory Commission (NRC) has received, by letter 
dated August 31, 2007, a license amendment application from Nuclear 
Fuel Services, Inc., requesting authority to process uranium 
hexafluoride (UF6) in a new Commercial Development (CD) line at its 
facility site located in Erwin, Tennessee. License No. SNM-124 
authorizes the licensee to manufacture nuclear reactor fuel. 
Specifically, the amendment provides authorization to convert high-
enriched uranium (HEU) in the form of UF6 into another chemical form 
(oxide or nitrate), which can be processed in the existing facility.
    An NRC administrative review, documented in a letter to Nuclear 
Fuel Services Inc., dated October 5, 2007, found the application 
acceptable to begin a technical review. If the NRC approves the 
amendment, the approval will be documented in an amendment to NRC 
License No. SNM-124. However, before approving the proposed amendment, 
the NRC will need to make the findings required by the Atomic Energy 
Act of 1954, as amended (the Act), and NRC's regulations. These 
findings will be documented in a Safety Evaluation Report and an 
Environmental Assessment.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding regarding 
an application for a license amendment for a new process line. Any 
person whose interest may be affected by this

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proceeding and who desires to participate as a party must file a 
request for hearing, and a specification of the contentions which the 
person seeks to have litigated in the hearing, in accordance with the 
NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR 
49139 (August 28, 2007). The E-Filing rule requires participants to 
submit and serve documents over the internet or in some cases to mail 
copies on electronic storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
five (5) days prior to the filing deadline, the petitioner/requestor 
must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request: (1) A 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and/or (2) the 
creation of an electronic docket for the proceeding (even in instances 
for which the petitioner/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer(tm) to 
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer(tm) is free and is available 
at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. 
Information about applying for a digital ID certificate is available on 
NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a petitioner/requestor has obtained a digital ID certificate, 
has a docket created, and downloaded the EIE viewer, they can then 
submit a request for a hearing or petition for leave to intervene. 
Submissions should be in Portable Document Format (PDF), in accordance 
with NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered 
complete at the time the filer submits its documents through EIE. To be 
timely, an electronic filing must be submitted to the EIE system no 
later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail notice that provides access, to 
the document, to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209, or 
locally (301) 415-4737.
    Participants who believe they have good cause for not submitting 
documents electronically, must file a motion in accordance with 10 CFR 
2.302(g), with their initial paper filing requesting authorization to 
continue to submit documents in paper format. Such filings must be 
submitted by: (1) First class mail addressed to the Office of the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemaking and Adjudications 
Staff; or (2) courier, express mail, or expedited delivery service to 
the Office of the Secretary, Sixteenth Floor, One White Flint North, 
11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking 
and Adjudications Staff. Participants filing a document in this manner 
are responsible for serving the document to all other participants. 
Filing is considered complete by first-class mail as of the time of 
deposit in the mail, or by courier, express mail, or expedited delivery 
service upon depositing the document with the provider of the service.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted, based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m., Eastern Time, on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket, which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded, pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include social 
security numbers in their filings. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, Participants are 
requested not to include copyrighted materials in their submission.
    The formal requirements for documents in 10 CFR 2.304(c)-(e) must 
be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3), then the requirements for paper 
documents set forth in 10 CFR 2.304(b) must be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by February 29, 2008.
    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 a 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 that 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

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    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant regarding a material issue of law or fact. 
This information must include references to specific portions of the 
application (including 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 to be filed, such as the application, supporting safety 
analysis report, environmental report or other supporting document 
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 impact statement, 
environmental assessment, 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 
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters 
discussed or referenced in the Safety Evaluation Report for the 
proposed action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the proposed 
    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 
    If the requester/petitioner believes a contention raises issues 
that cannot be classified as primarily falling into one of these 
categories, the requester/petitioner must set forth the contention and 
supporting bases, in full, separately for each category into which the 
requester/petitioner asserts the contention belongs, with a separate 
designation for that category.
    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 accordance with the E-Filing rule, within 10 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 number for 
the document related to this Notice is ML073090651, Redacted Version of 
Amendment Request for Processing UF6 in the CD Line Facility at the NFS 
Site. If you do not have access to 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 
by e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, 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 12th day of December 2007.

    For the Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facility Licensing Directorate, 
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear 
Material Safety and Safeguards.
 [FR Doc. E7-25406 Filed 12-28-07; 8:45 am]