[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Page 63213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25877]

[[Page 63213]]



[Docket No. 70-7015-ML; ASLBP No. 10-899-02-ML-BD01]

Atomic Safety and Licensing Board; Notice of Opportunity To 
Participate in Uncontested/Mandatory Hearing (Procedures for 
Participation by Interested Governmental Entities Regarding Safety 
Portion of Enrichment Facility Licensing Proceeding)

October 7, 2010.

Before Administrative Judges: G. Paul Bollwerk, III, Chairman, Dr. 
Kaye D. Lathrop, Dr. Craig M. White.
In the Matter of Areva Enrichment Services, LLC (Eagle Rock 
Enrichment Facility)

    In this 10 CFR part 70 proceeding regarding the request of 
applicant AREVA Enrichment Services, LLC, (AES) to construct and 
operate its proposed Eagle Rock Enrichment Facility in Bonneville 
County, Idaho, on September 30, 2010, the NRC staff issued its final 
safety evaluation report (SER) analyzing the Atomic Energy Act (AEA)-
related safety aspects of the AES application (NUREG-1951, ADAMS 
Accession No. ML102710296). In accord with AEA section 274l, 42 U.S.C. 
2021(l), on or before Friday, November 12, 2010, using the agency's E-
Filing system,\1\ any interested State, local governmental body, or 
affected, federally-recognized Indian Tribe may file with the Licensing 
Board in this proceeding a statement of any issues or questions about 
which the State, local governmental body, or Indian Tribe wishes the 
Board to give particular attention as part of the safety/SER-related 
portion of the uncontested/mandatory hearing process associated with 
the AES application and the staff's safety review of that 
application.\2\ Such a statement may be accompanied by any supporting 
documentation that the State, local governmental body, or Indian Tribe 
sees fit to provide. Any statements and supporting documentation (if 
any) received by the Board by the deadline indicated above will be made 
part of the record of this proceeding.

    \1\ The process for accessing and using the agency's E-Filing 
system is described in the July 23, 2009 notice of hearing that was 
issued by the Commission for this proceeding. See Notice of Receipt 
of Application for License; Notice of Consideration of Issuance of 
License; Notice of Hearing and Commission Order and Order Imposing 
Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information for Contention Preparation; 
In the Matter of Areva Enrichment Services, LLC (Eagle Rock 
Enrichment Facility), 74 FR 38,052, 38,055 (Jul. 30, 2009) (CLI-09-
15, 70 NRC 1, 10-11 (2009)).
    \2\ The scope of, and procedural protocols associated with, the 
uncontested/mandatory hearing in this proceeding are set forth in 
the Licensing Board's orders of May 19, June 4, and June 30, 2010, 
as well as its October 7, 2010 scheduling order. See Licensing Board 
Initial Scheduling Order (May 19, 2010) at 3-7 (unpublished); 
Licensing Board Order (Clarifying Initial Scheduling Order) (June 4, 
2010) at 2-5 (unpublished); Licensing Board Order (Setting Aside 
Hold-Dates for Mandatory Hearings) (June 30, 2010) at 2 
(unpublished); Licensing Board Memorandum and Order (Initial General 
Schedule; Revision to Mandatory Hearing Procedures; Inviting Written 
Limited Appearance Statements; Participation by Interested 
Governmental Entities) (Oct. 7, 2010) (unpublished). As the Board's 
October 7, 2010 memorandum and order also indicates, following the 
issuance of the staff's final environmental impact statement (EIS), 
the Board anticipates establishing a schedule to govern IGE 
participation in the environmental/EIS-related portion of the 
uncontested/mandatory hearing for this proceeding.

    The Board will use such statements and documents as appropriate to 
inform its prehearing questions to the staff and applicant AES; its 
inquiries at the oral hearing currently scheduled for the week of 
January 24, 2011, at the Licensing Board Panel's Rockville, Maryland 
hearing room; and its decision following the hearing.\3\ The Board may 
also request, no later than Thursday, January 13, 2011, that one or 
more particular States, local governmental bodies, or Indian Tribes 
send representatives to the hearing to participate as the Board may 
deem appropriate, including answering Board questions and/or making a 
statement for the purpose of assisting the Board's exploration of one 
or more of the issues raised by the State, local governmental body, or 
Indian Tribe in the prehearing filings described above. The decision on 
whether to request the presence of representatives of a State, local 
governmental body, or Indian Tribe at the hearing to participate in the 
oral hearing is solely at the Board's discretion. The Board's request 
will specify the issue or issues that the representatives should be 
prepared to address.

    \3\ States, local governments, or Indian Tribes should be aware 
that the uncontested/mandatory hearing is separate and distinct from 
the NRC's contested hearing process, which has not been invoked in 
this proceeding. While States, local governments, or Indian Tribes 
participating as described above may take any position they wish, or 
no position at all, with respect to the AES application or the 
staff's associated safety review, they should be cognizant that, due 
to the inherently adversarial nature of such proceedings, many of 
the procedures and rights applicable to the NRC's contested hearing 
process generally are not available with respect to this uncontested 
hearing. Participation in the NRC's contested hearing process is 
governed by 10 CFR 2.309 (for persons or entities, including States, 
local governments, or Indian Tribes, seeking to file contentions of 
their own) and 10 CFR 2.315(c) (for interested States, local 
governments, and Indian Tribes seeking to participate with respect 
to contentions filed by others). Participation in this uncontested 
hearing does not affect the right of a State, local governmental 
entity, or Indian Tribe to participate in any separate contested 
hearing process that might be requested relative to this proceeding.

    It is so ordered.

    For the Atomic Safety and Licensing Board.

    Dated: October 7, 2010.
G. Paul Bollwerk, III,
Administrative Judge, Rockville, Maryland.
[FR Doc. 2010-25877 Filed 10-13-10; 8:45 am]