[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Pages 56241-56243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26220]



[Docket No. 040-08502; NRC-2009-0036]

Notice of Application From Cogema Mining, Inc, for Consent to an 
Indirect Change of Control for Source Materials License SUA-1341, 
Opportunity To Provide Comments and To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of request from COGEMA Mining, Inc., 
for the indirect change of control of Source Material License SUA-1341 
and opportunity to request a hearing.


DATES: A request for a hearing must be filed by November 19, 2009.

Uranium Recovery Licensing Branch, Division of Waste Management and 
Environmental Protection, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Telephone: (301) 415-7777; fax number: (301) 415-
5369; e-mail: [email protected].


I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering an 
application submitted on September 18, 2009, by Cogema Mining, Inc. 
(Cogema or the Applicant), requesting consent for an indirect change of 
control with respect to its NRC Materials License SUA-1341. Under this 
license, Cogema operates the Irigaray and Christensen Ranch in situ 
leach (ISL) uranium milling facilities that are located in Johnson and 
Campbell Counties, Wyoming. Cogema is a wholly owned subsidiary of 
Cogema Resources, Inc. (Cogema Resources), which is a wholly owned 
subsidiary of Areva NC. Cogema Resources is planning to sell Cogema to 
Uranium One Exploration U.S.A., Inc. (Uranium One), which, through 
several subsidiaries, is wholly owned by Uranium One, Inc.
    On August 7, 2009, Uranium One, a Delaware Corporation, entered 
into a Purchase Agreement with Cogema Resources, a Delaware 
corporation, to acquire 100 percent of the shares in Cogema and all 
interests of Fuel International Trading Corporation (FITC), also a 
Delaware corporation. FITC's subsidiary, Malapai Resources Company, is 
a joint venture partner at the Wyoming ISL facilities with Cogema 
Resources. Consummation of the

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transaction would result in the indirect change of control of Cogema 
and license SUA-1341 from Cogema Resources to Uranium One. Cogema is 
requesting that the NRC consent to this change of control.
    The application states that there would be no change to Cogema 
operations, its key operating personnel, or its licensed activities as 
a result of the transaction. After closing of the transaction, and if 
the indirect change of control is approved by the NRC, Cogema would 
continue to be the holder of license SUA-1341. Cogema would remain 
technically and financially qualified as the licensee and would 
continue to fulfill all responsibilities as the licensee. The Applicant 
states that no amendment to its license would be necessary in 
connection with the request for consent; however an administrative 
license amendment would be needed to reflect a change in the financial 
surety mechanism for License SUA-1341.
    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 and a satisfactory completion of a safety review, the NRC 
staff plans to consent to the September 18, 2009 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 September 18, 2009 
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 28, 2007 (72 FR 49139). 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-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 ViewerTM to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms ViewerTM 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 using the agency's adjudicatory e-
filing system 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 Meta-System Help Desk, which is 
available between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday, excluding government holidays. The Meta-System Help Desk can be 
contacted by telephone at 1-866-672-7640 or by e-mail at 
[email protected].
    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.

[[Page 56243]]

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 November 19, 2009.
    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 requestor;
    2. The nature of the requestor's right under the Act to be made a 
party To the proceeding;
    3. The nature and extent of the requestor'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 requestor'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 requestor's/petitioner's position on the 
issue and on which the requestor/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 requestor/petitioner disputes and the supporting 
reasons for each dispute, or, if the requestor/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 requestor'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.
    Requestors/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 requestor/petitioner who 
wishes to adopt a contention proposed by another requestor/petitioner 
must do so, in accordance with the E-Filing rule, within ten days of 
the date the contention is filed, and designate a representative who 
shall have the authority to act for the requestor/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 
applicant's Letter of Intent dated August 26, 2009 (See NRC Agency-wide 
Documents and Management Systems (ADAMS) ML092450113), and a Notice of 
Change of Control and Ownership Information package dated September 18, 
2009 (See ADAMS ML092660641), 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 ADAMS 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]. These documents may also be viewed electronically 
on the public computers located at the NRC's PDR, O1 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 22nd day of October, 2009.

    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 
[FR Doc. E9-26220 Filed 10-27-09; 8:45 am]