[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Pages 63033-63035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25151]



[Docket No. 70-7001, 70-7002]

Notice of Renewal of Certificates of Compliance GDP-1 and GDP-2 
for the U.S. Enrichment Corporation, Paducah and Portsmouth Gaseous 
Diffusion Plants, Paducah, KY and Portsmouth, OH

ACTION: Notice and issuance of a Director's Decision renewing the 
Certificates of Compliance for the United States Enrichment Corporation 
(USEC) allowing continued operation of the gaseous diffusion plants 
(GDPs), at Paducah, KY, and Portsmouth, OH.


FOR FURTHER INFORMATION CONTACT: Michael Raddatz, Enrichment and 
Conversion Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. Telephone: (301) 492-3108; Fax: 
(301) 492-3363; or by e-mail: [email protected].


I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is hereby issuing a 
director's decision authorizing the renewal of the certificates of 
compliance for the two GDPs located near Paducah, KY, and Portsmouth, 
OH, for the USEC, allowing continued operation of these plants. The 
renewal of these certificates for the GDPs covers a 5-year period. USEC 
submitted individual renewal requests for both the Paducah and 
Portsmouth GDPs on April 10, 2008, pursuant to Title 10 of the Code of 
Federal Regulations (10 CFR), Section 76.31.
    Pursuant to 10 CFR 76.53, the NRC consulted with and requested 
written comments on the renewal application from the U.S. Environmental 
Protection Agency (EPA) and the Department of Energy (DOE). EPA 
responded in a letter dated September 15, 2008, (ML082840196) stating 
that it had thoroughly reviewed the USEC application to ensure that 
USEC had provided an accurate environmental compliance overview. The 
EPA found that both the local and regional EPA regulators had 
adequately inspected the

[[Page 63034]]

facilities and took appropriate action when identifying violations, and 
supported the recertification of the GDPs. In an e-mail dated September 
23, 2008, (ML082840080) DOE reported that its Portsmouth and Paducah 
Project Office continued to discharge its regulatory and oversight 
responsibilities at the PGDP and PORTS. DOE conducted its activities in 
a manner to enhance and improve the environmental health and safety 
conditions, and achieve compliance with all applicable Federal and 
State laws and regulations. In those instances where potential 
violations of these laws and regulations were identified, actions were 
taken to notify appropriate authorities, identify the cause, and 
institute corrective measures.
    The NRC staff reviewed the certificate renewal applications for the 
GDPs located near Paducah, KY, and Portsmouth, OH. USEC's applications 
for certificate renewal, received April 10, 2008, did not propose any 
changes to the current safety basis or requirements. As required by 10 
CFR 76.36, ``Annual Renewals,'' USEC has incorporated, into the renewal 
application by reference, previous applications, statements, and 
reports. The documents that USEC is relying upon as the basis for 
recertification include the previously approved Technical Safety 
Requirements, Safety Analysis Report, Compliance Plan, Quality 
Assurance Program, Emergency Plan, Security and Safeguards Plans, Waste 
Management Program, and Decommissioning Funding Program, as well as 
changes made pursuant to 10 CFR 76.68, ``Plant Changes.'' The staff 
reviews (as part of recertification) all 10 CFR 76.68 changes submitted 
during the past 5 years to ensure that the cumulative effect of the 
changes, when taken as a whole, and in consideration of the changes 
approved by the NRC staff under 10 CFR 76.45, have not degraded the 
safety basis for the GDPs.
    Based on its review of the certificate renewal applications, the 
NRC staff has concluded that in combination with existing certificate 
conditions, USEC provides reasonable assurance of adequate safety, 
safeguards, and security, and compliance with NRC requirements. The NRC 
staff prepared compliance evaluation reports (CERs) to provide details 
of the staff's safety evaluations. These CERs (Portsmouth--ML082820425, 
Paducah--ML082820197) contain reference to the review performed by 
headquarters staff, in consultation with the regional inspectors, of 
the 10 CFR 76.68 changes made since issuance of the 2003 certificates.
    Because approvals of the certificate renewal applications are 
covered by a categorical exclusion (10 CFR 51.22(c)(19)), no 
environmental impact statement or environmental assessment needs to be 
prepared for these actions.
    As a result of the staff reviews, the NRC finds that USEC has met, 
and will continue to meet, the 10 CFR 76 certification requirements. 
Accordingly, the NRC will renew the certificates of compliance for GDP-
1 and GDP-2, following submission of the Report to Congress as required 
by Sec. 1701(b)(1) of the Atomic Energy Act of 1954, as amended (AEA).

II. Opportunity To File a Petition

    Under 10 CFR 76.62(c), USEC or any person whose interest may be 
affected may file a petition requesting the Commission's review of this 
renewal decision. A petition requesting the Commission's review may not 
exceed 30 pages and must be filed within 30 days after the publication 
of this notice in the Federal Register. Within 15 days of filing a 
petition requesting the Commission's review, pursuant to 10 CFR 
76.62(c), any other person whose interest may be affected may file a 
response, not to exceed 30 pages, to the petition for review. Petitions 
requesting the Commission's review or responses are to be filed and 
served in accordance with 10 CFR 2.302(a) and (c), and the other 
procedures referenced in 10 CFR 76.72(a).
    Additionally, any petition must be filed in accordance with the NRC 
E-Filing rule, promulgated in 72 FR 49139 (Aug. 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/requester 
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) 
creation of an electronic docket for the proceeding (even in instances 
in which the petitioner/requester (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requester 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/
    Once a petitioner/requester has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, it can then submit 
a petition. 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 petition 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

[[Page 63035]]

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 petitions will not be entertained absent a determination 
by the Commission that the petition should be granted. To be timely, 
filings must be submitted no later than 11:59 p.m. Eastern Time on the 
due date.
    Participants are requested not to include social security numbers 
or copyrighted materials in their filings. 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.

III. Further Information

    In accordance with 10 CFR 2.390 of the NRC's ``Rules of Practice,'' 
details with respect to this action, including the applications for 
renewal Portsmouth and Paducah GDPs (ML081070220 and ML081070229, 
respectively) are available electronically for public inspection and 
copying from the Publicly Available Records (PARS) component of NRC's 
Agencywide Documents Access and Management System (ADAMS). ADAMS is 
accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. These documents (except for classified and proprietary 
portions which are withheld in accordance with 10 CFR 2.390, 
``Availability of Public Records'') are also available for public 
inspection at the Commission's Public Document Room, at One White Flint 
North, 11555 Rockville Pike, Rockville, MD 20852.

    Dated at Rockville, MD, this 10th day of October 2008.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E8-25151 Filed 10-21-08; 8:45 am]