[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57300-57302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23383]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-08502; NRC-2010-0300]


Notice of Application From Uranium One USA, Inc., for Consent to 
an Indirect Change of Control for Source Material License SUA-1341 to 
JSC Atomredmetzoloto, Opportunity To Provide Comments and To Request a 
Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of receipt of an application for indirect change of 
control and opportunity to request a hearing and provide written 
comments.

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DATES: Requests for a hearing must be filed by October 12, 2010. 
Comments must be received by October 20, 2010.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2010-0300 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC Web site and on the Federal rulemaking Web site 
http://www.regulations.gov. Because your comments will not be edited to 
remove any identifying or contact information, the NRC cautions you 
against including any information in your submission that you do not 
want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0300. Address 
questions about NRC dockets to Carol Gallagher, telephone 301-492-3668; 
e-mail [email protected].
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    You can access publicly available documents related to this notice 
using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected].
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2010-0300.

FOR FURTHER INFORMATION CONTACT: Ron C. Linton, Project Manager, 
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].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering an 
application dated July 20, 2010, by Uranium One USA, Inc. (the 
``Applicant''), requesting consent for an indirect change of control 
with respect to its NRC Materials License SUA-1341. Under this license, 
the Applicant operates the Irigaray and Christensen Ranch uranium in 
situ recovery milling facilities located in Johnson and Campbell 
Counties, Wyoming. The Applicant is a wholly owned subsidiary of 
Uranium One Exploration U.S.A., Inc. (a Delaware corporation), which is 
a wholly owned subsidiary of Uranium One Americas, Inc. (a Nevada 
corporation), which is a wholly owned subsidiary of Uranium One 
Investments, Inc. (a Canadian corporation), which is a wholly owned 
subsidiary of Uranium One, Inc. (a Canadian corporation). On June 8, 
2010, Uranium One, Inc. entered into a Purchase and Subscription 
Agreement with JSC Atomredmetzoloto (ARMZ) (a Russian corporation) and 
its wholly owned subsidiaries Effective Energy N.V. (a Dutch limited 
liability company) and Uranium Mining Company (a Russian corporation), 
wherein ARMZ will acquire no less than 51 percent of Uranium One, 
Inc.'s common shares. ARMZ is presently directly and indirectly owned 
by the State Atomic Energy Corporation Rosatom (Rosatom). Rosatom's 
activities are regulated by Russian Federal Law No. 317-EZ and by 
regulatory legal acts of the President of the Russian Federation and 
the Government of the Russian Federation adopted in accordance with 
Russian Federal Law. Consummation of the transaction would result in 
the indirect change of control of the Applicant and license SUA-1341 
from Uranium One, Inc. to Rosatom, through ARMZ. The Applicant is 
requesting that the NRC consent to this change of control.
    The application states that there would be no change to the 
Applicant's 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, the Applicant would continue to be the holder of license SUA-1341. 
The Applicant would remain technically and financially qualified as the 
licensee and would continue to fulfill all responsibilities as the 
licensee. An administrative license amendment would be necessary to 
reflect a change

[[Page 57301]]

in the financial surety mechanism for license SUA-1341.
    Pursuant to section 184 of the Atomic Energy Act of 1954, as 
amended (AEA) and Title 10 of the Code of Federal Regulation (CFR), 
section 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 AEA, and 
gives its consent in writing. An Environmental Assessment (EA) will not 
be performed for this proposed action because it is categorically 
excluded from the requirement to perform an EA under 10 CFR 
51.22(c)(21).
    Consent to the indirect change of control is contingent upon 
receipt of the fully executed financial assurance instruments that meet 
NRC requirements and are accepted by NRC. Upon receipt of such 
instruments and a satisfactory completion of a safety review, the NRC 
staff plans to consent to the July 20, 2010, application by issuing the 
necessary order, along with a supporting safety evaluation report. The 
Applicant may be required to obtain regulatory approvals by other 
Federal and State agencies or departments, independent of NRC review 
and approval.

II. Opportunity To Request a Hearing

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing rule requires participants to submit and 
serve all adjudicatory 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 an exemption 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 participant should 
contact the Office of the Secretary by e-mail at 
[email protected]:, or by telephone at (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 (2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    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. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant 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 by contacting the NRC Meta System 
Help through the ``Contact Us'' link located on the NRC Web site at 
http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
[email protected], or by a toll-free call at (866) 672-7640. The 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    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. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    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, or the presiding

[[Page 57302]]

officer. Participants are requested not to include personal privacy 
information, such as social security numbers, home addresses, or home 
phone numbers in their filings, unless an NRC regulation or other law 
required submission of such information. 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.
    Petitions for leave to intervene must be filed no later than 
October 12, 2010. Non-timely filings will not be entertained absent a 
determination by the presiding officer that the petition or request 
should be granted or the contentions should be admitted, based on a 
balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).

III. Opportunity To Provide Written Comments

    In accordance with 10 CFR 2.1305(a), as an alternative to requests 
for hearings and petitions to intervene, persons may submit written 
comments regarding this action. Written comments must be submitted no 
later than October 20, 2010. 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 as described in the ADDRESSES section of this document. 
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

    Documents related to this action, including the application for the 
proposed action, are available electronically through 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: June 21, 2010, letter from Uranium One re: Pending 
Transaction (ML101810535); and the July 20, 2010, Notice of Change of 
Control and Ownership Information and License Amendment Application 
(ADAMS ML102090404). 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, 
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 8th day of September, 2010.

    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. 2010-23383 Filed 9-17-10; 8:45 am]
BILLING CODE 7590-01-P