[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34798-34800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13727]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8905]


Notice of Application From Rio Algom Mining LLC for Consent To 
Indirect Change of Control With Respect to Materials License SUA-1473, 
and Opportunity To Provide Comments and To Request a Hearing

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of consideration of request from Rio Algom Mining LLC 
for consent to transfer of materials license and the opportunity to 
request a hearing.

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DATES: A request for a hearing must be filed by July 8, 2008.

FOR FURTHER INFORMATION CONTACT: Thomas McLaughlin, Project Manager, 
Materials Decommissioning Branch, Division of Waste Management and 
Environmental Protection, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, D.C., 20555. Telephone: (301) 415-5869; fax number: (301) 
415-5369; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering an 
application from Rio Algom Mining LLC (RAML), submitted December 18, 
2007, requesting approval of an indirect change of control with respect 
to materials license SUA-1473. RAML's parent company Billiton 
Investment 15 B.V. (BIBV), plans to sell its entire ownership interest 
in RAML to Uranium Resources, Inc. (URI).
    BIBV currently owns one hundred percent (100%) of RAML. On October 
12, 2007, BIBV entered into a Purchase Agreement with HRI-RAML 
Acquisition LLC, a Delaware limited liability company and an indirect 
subsidiary of URI, pursuant to which HRI-RAML Acquisition LLC will 
acquire from BIBV all of the interest in RAML. Consummation of the 
transaction will result in the indirect transfer of control of RAML and 
license SUA-1473 from BIBV to URI. RAML is requesting that the NRC 
consent to this indirect change of control.
    RAML's application states that there would be no change to RAML's 
operations, key operating personnel or licensed activities as a result 
of the transaction and the indirect change of control. RAML would 
continue to be the holder of license SUA-1473 after the closing of the 
transaction and the indirect change of control. RAML will remain 
technically and financially qualified as the licensee and will continue 
to fulfill all responsibilities as the licensee. The applicant states 
that no amendment to the License will be necessary in connection with 
the request for consent.
    Pursuant to 10 CFR 40.46, no Part 40 license shall be transferred, 
assigned or in any manner disposed of, either voluntarily or 
involuntarily, directly or indirectly, through transfer of control of 
the license to any person, unless the Commission, after securing full 
information, finds that the transfer is in accordance with the 
provisions of the Atomic Energy Act, and gives its consent in writing. 
An Environmental Assessment (EA) will not be performed for this 
proposed action because it falls within a class of actions 
categorically excluded from the requirement to perform an EA pursuant 
to 10 CFR 51.22(c)(21).
    Approval of the indirect change of control is contingent upon 
receipt of the fully executed financial assurance instruments which are 
in form and substance satisfactory to NRC. Upon receipt of such 
instruments, the NRC staff plans to approve the December 18, 2007, 
application by issuing the necessary order, along with a supporting 
safety evaluation report.

II. Opportunity To Request a Hearing

    Any person whose interest may be affected if the December 18, 2007, 
application is approved, and who desires to participate as a party in 
an NRC adjudicatory hearing, must file a request for a hearing. The 
hearing request must include a specification of the contentions which 
the person seeks to have litigated in the hearing, and must be filed 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 
ten (10) 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 identification (ID) certificate , which allows the participant 
(or its counsel or representative) to digitally sign documents and 
access the E-

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Submittal server for any proceeding in which it is participating; and/
or (2) creation of an electronic docket for the proceeding (even in 
instances in 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, 
had a docket created, and downloaded the EIE viewer, it can then submit 
a request for 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 Standard 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 that they have a 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 on 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 Standard 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. Copyrighted works, except for 
limited excerpts that serve the purpose of the adjudicatory filings and 
would constitute a Fair Use application, should not be included in the 
submission.
    The formal requirements for documents contained 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 July 8, 2008.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, 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 
application 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, or other 
supporting document filed by an applicant or licensee, or otherwise 
available to the petitioner. Contentions may be amended or new 
contentions filed after the initial filing only with leave of the 
presiding officer.
    Requesters/petitioners should, when possible, consult with each 
other in preparing contentions and combine

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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.
    As indicated below, pursuant to 10 CFR 2.310(g), any hearing would 
be subject to the procedures set forth in 10 CFR Part 2, subpart M.

III. Opportunity to Provide Written Comments

    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. Comments received after 30 days will be 
considered if practicable to do so, but only those comments received on 
or before the due date can be assured consideration.

IV. Further Information

    For further details with respect to the proposed action, see the 
licensee's letter dated December 18, 2007 (See ADAMS ML073540523), a 
letter from NRC to the licensee dated February 1, 2008, requesting 
financial information from the potential buyer (See ADAMS ML080160032), 
a letter from NRC to the licensee dated February 1, 2008, acknowledging 
the receipt of the Application (See ADAMS ML080090595), a transmittal 
letter dated March 21, 2008, and affidavit requesting that the 
financial information provided to NRC be withheld from the public 
pursuant to NRC regulation 10 CFR part 2.390 (See ADAMS ML081420592), 
and a letter from NRC dated May 30, 2008, to the counsel representing 
the potential buyer agreeing with the 10 CFR Part 2.390 request (See 
ADAMS ML081440408), all of which are available for public inspection, 
and can be copied for a fee, at the U.S. Nuclear Regulatory 
Commission's Public Document Room (PDR), located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20852. 
The NRC maintains an Agency-wide Documents Access and Management System 
(ADAMS), which provides text and image files of NRC's public documents. 
These documents may be accessed through the NRC's Public Electronic 
Reading Room on the Internet at http://www.nrc.gov.
    Persons who do not have access to ADAMS or who have problems in 
accessing the documents located in ADAMS may contact the PDR reference 
staff at 1-800-397-4209, 301-415-4737 or by e-mail at 
[email protected].

    Dated at Rockville, Maryland, this 11th day of June 2008.

    For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. E8-13727 Filed 6-17-08; 8:45 am]
BILLING CODE 7590-01-P