[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Pages 387-388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33184]



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

Atomic Safety and Licensing Board; AREVA Enrichment Services, LLC 
(Eagle Rock Enrichment Facility)

December 17, 2010.

Before Administrative Judges: G. Paul Bollwerk, III, Chairman, Dr. 
Kaye D. Lathrop, Dr. Craig M. White

Notice of Hearing (Notice of Evidentiary Hearing and Opportunity to 
View Hearing via Webstreaming; Opportunity To Submit Written Limited 
Appearance Statements)

    The Atomic Safety and Licensing Board hereby gives notice that it 
will convene an evidentiary session to receive testimony and exhibits 
in the ``mandatory hearing'' portion of this proceeding regarding the 
December 2008 Application by AREVA Enrichment Services, LLC, (AES) 
seeking a license under 10 CFR parts 30, 40, and 70 that would 
authorize (1) the construction and operation of a gas centrifuge 
uranium enrichment facility--denoted as the Eagle Rock Enrichment 
Facility (EREF)--in Bonneville County, Idaho; and (2) the receipt, 
possession, use, delivery, and transfer of byproduct (e.g., calibration 
sources), source and special nuclear material at the EREF. This 
evidentiary hearing will concern safety matters relating to the 
proposed issuance of the requested license. In addition, the Board 
gives notice of the opportunity to view the hearing over the Internet, 
via publicly-available webstreaming. Finally, the Board gives notice 
that, in accordance with 10 CFR 2.315(a), it will entertain written 
limited appearance statements from members of the public in connection 
with this proceeding.

A. Matters To Be Considered

    As set forth by the Commission in the July 30, 2009 Notice of 
Hearing regarding 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 [AES] 
([EREF]), 74 FR 38052, 38054 (July 30, 2009) (CLI-09-15, 70 NRC 1, 7-8 
(2009)), the matters to be considered generally are whether the 
application and record of the proceeding contain sufficient information 
to support license issuance and whether the NRC staff's review of the 
AES application has been adequate to support findings to be made by the 
Director of the Office of Nuclear Materials Safety and Safeguards, with 
respect to the applicable standards in 10 CFR parts 30, 40, and 70. 
With respect to this particular portion of the proceeding, which 
generally concerns the safety-related aspects of the AES safety 
analysis report and the associated staff safety evaluation report 
(SER), the particular matters about which AES and the staff will make 
evidentiary presentations to the Board concern site-specific process-
related hazards, foreign ownership and control, license conditions/
exemptions, and commitment followup/tracking.

B. Date, Time, and Location of Evidentiary Hearing for Safety-Related 
Portion of the Mandatory Hearing

    The Board will conduct an evidentiary hearing for the portion of 
the mandatory hearing regarding safety matters beginning at 10 a.m. 
Eastern Time (ET) on Tuesday, January 25, 2011, at the Atomic Safety 
and Licensing Board Panel Hearing Room, Two White Flint North Building, 
Third Floor, Room T-3B45, 11545 Rockville Pike, Rockville, Maryland. 
The hearing will continue day-to-day until concluded. AES and the NRC 
staff will be parties to the mandatory hearing and will present 
witnesses and evidentiary material.
    Any member of the public who plans to attend the mandatory hearing 
is advised that security measures will be employed at the entrance to 
the building housing the hearing facility, including searches of hand-
carried items such as briefcases or backpacks, and is reminded to allow 
sufficient time for security screening and to bring a government-issued 
photo ID (e.g., driver's license). The public is further advised that, 
in accordance with 10 CFR 2.390, portions of the hearing sessions may 
be closed to the public because the matters at issue may involve the 
discussion of protected information.

C. Opportunity To View the Hearing Via Webstreaming

    In addition to in-person attendance, the public may view the 
hearing over the Internet via publicly-available Webstreams. The 
Webstream sessions may be accessed through the following links: 
Tuesday, January 25, 2011, http://www.visualwebcaster.com/event.asp?id=75030; Wednesday, January 26, 2011 (if needed), http://www.visualwebcaster.com/event.asp?id=75033; Thursday, January 27, 2011 
(if needed), http://www.visualwebcaster.com/event.asp?id=75034. As with 
in-person attendance, in accordance with 10 CFR 2.390, access to 
portions of the hearing sessions may be closed to the public because 
the matters at issue may involve the discussion of confidential/
protected information.

D. Availability of Documentary Information Regarding the Proceeding

    The AES application and various staff documents relating to the 
application are available on the NRC Web site at http://www.nrc.gov/materials/fuel-cycle-fac/arevanc.html.
    These and other documents relating to this proceeding also are 
available for public inspection at the Commission's Public Document 
Room (PDR), located at the One White Flint North Building, 11555 
Rockville Pike (first floor), Rockville, Maryland, or electronically 
from the publicly-available records component of NRC's document system 
(ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading 
Room).* Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS should 
contact the NRC PDR reference staff by telephone at (800) 397-4209 or 
(301) 415-4737 (available between 8 a.m. and 4 p.m. ET, Monday through 
Friday except Federal holidays), or by e-mail to [email protected].

    \*\ Some documents determined by the staff to contain 
``sensitive'' information are publicly available only in redacted 
form; non-sensitive documents are publicly available in their 
complete form. In addition, some documents that may contain 
information proprietary to AES are publicly available only in 
redacted form.

E. Information Updates to Schedule

    Any updates or revisions to the mandatory hearing schedule outlined 
in this notice can be found on the NRC Web site at http://www.nrc.gov/public-involve/public-meetings/index.cfm, or by calling (800) 368-5642, 
extension 5036 (available between 7 a.m. and 9 p.m. ET, Monday through 
Friday, except Federal holidays), or by calling (301) 415-5036 
(available seven days a week, twenty-four hours a day).

[[Page 388]]

F. Submitting Written Limited Appearance Statements

    As provided in 10 CFR 2.315(a), any person not a party, or the 
representative of a party, to the proceeding may submit a written 
statement setting forth his or her position on matters of concern 
relating to this proceeding. The Board would particularly encourage 
such statements regarding the matters addressed in the staff's final 
SER (Office of Nuclear Materials Safety and Safeguards, NRC, NUREG-
1951, [SER] for the [EREF] in Bonneville, County, Idaho (Sept. 2010) 
(ADAMS Accession No. ML102710296)). Although these statements do not 
constitute testimony or evidence, they nonetheless may help the Board 
or the parties in their consideration of the issues in this proceeding.
    A written limited appearance statement may be submitted at any time 
and should be sent to the Office of the Secretary using one of the 
methods prescribed below:
    Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-1101 (verification (301) 415-1966)
    E-mail: [email protected].
    In addition, using the same method of service, a copy of the 
written limited appearance statement should be sent to the Chairman of 
this Licensing Board as follows:
    Mail: Administrative Judge G. Paul Bollwerk, III, Atomic Safety and 
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    Fax: (301) 415-5599 (verification (301) 415-6094)
    E-mail: [email protected].
    Although the Board does not intend to conduct oral limited 
appearance sessions at this juncture, at a later date the Board may 
entertain oral limited appearance statements at a location or locations 
in the vicinity of the proposed EREF. Notice of any oral limited 
appearance sessions will be published in the Federal Register and would 
be made available to the public at the NRC's Public Document Room or on 
the NRC's Web site, http://www.nrc.gov.
    It is so ordered.

    For the Atomic Safety and Licensing Board.

    Dated: December 17, 2010.
G. Paul Bollwerk, III,
Chairman, Rockville, Maryland.
[FR Doc. 2010-33184 Filed 1-3-11; 8:45 am]