[Federal Register Volume 76, Number 112 (Friday, June 10, 2011)]
[Notices]
[Pages 34103-34105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14416]
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NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board
[Docket No. 70-7015-M; ASLBP No. 10-899-02-ML-BD01]
In the Matter of Areva Enrichment Services, LLC (Eagle Rock
Enrichment Facility); Notice of Hearing, (Notice of Evidentiary Hearing
and Opportunity To Provide Oral and Written Limited Appearance
Statements)
June 2, 2011.
Before Administrative Judges: G. Paul Bollwerk, III, Chairman, Dr.
Kaye D. Lathrop, Dr. Craig M. White.
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 authorizing (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
session will concern environmental matters relating to the proposed
issuance of the requested license. In addition, the Licensing Board
gives notice that, in accordance with 10 CFR 2.315(a), it will
entertain oral and 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,\1\ relative to environmental matters
the Board is required independently to (1) determine whether the
requirements of section 102(2)(A), (C) and (E) of the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(A), (C),
(E), and Subpart A of 10 CFR part 51 have been complied with in the
proceeding; (2) determine whether the review conducted by the NRC staff
pursuant to Part 51 has been adequate; (3) consider the final balance
among conflicting factors contained in the record of the proceeding
with a view to determining the appropriate action to be taken; and (4)
determine, after weighing the environmental, economic, technical, and
other benefits against the environmental and other costs, and
considering reasonable alternatives, whether a license should be
issued, denied, or appropriately conditioned to protect environmental
values. More specifically with regard to this portion of the proceeding
that concerns generally the environmental-related aspects of the AES
environmental report and the associated staff final environmental
impact statement (FEIS),\2\ AES and the staff will make evidentiary
presentations to the Board regarding the purpose and need for the
proposed EREF; ``preconstruction'' activities; greenhouse gas impacts
of the EREF's production power consumption; construction air quality
impacts; the facility's radiological effluent monitoring program; and
the status of the historic/cultural resources memorandum of agreement
and associated mitigation measures.
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\1\ 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, 38,054 (July 30, 2009) (CLI-09-15, 70 NRC 1, 7-8 (2009)).
\2\ After conducting a January 2011 evidentiary hearing session
concerning safety-related matters relative to the AES safety
analysis report and the associated staff safety evaluation report,
in an April 2011 partial initial decision the Licensing Board
provided its findings and conclusions, determining that (1) the AES
application contains sufficient information to support license
issuance; and (2) the staff's review of the application had been
adequate to support license issuance, subject to a license condition
regarding the qualifications of the facility's nuclear criticality
safety manager and an unresolved decommissioning funding financial
assurance issue that awaits Commission consideration of a pending
Board-certified question. See LBP-11-11, 73 NRC, --, ----- (slip op.
at 82-84) (Apr. 8, 2011).
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B. Date, Time, and Location of Environmental-Related Portion of the
Mandatory Hearing
The Board will conduct the portion of the mandatory hearing
regarding environmental matters beginning at 9:30 a.m. Mountain Time
(MT) on Tuesday, July 12, 2011, at the Red Lion on the Falls Convention
Center, Targhee/Bonneville Rooms, 475 River Parkway,
[[Page 34104]]
Idaho Falls, Idaho. The hearing will continue from day-to-day until
concluded. AES and the 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 may be employed at the entrance to
the room housing the hearing, including searches of hand-carried items
such as briefcases or backpacks, and is reminded to allow sufficient
time for security screening.
C. Date, Time, and Location of Oral Limited Appearance Statement
Sessions
Oral limited appearance sessions regarding the AREVA mandatory
hearing proceeding will be on the following dates at the specified
location and times:
1. Date: Sunday, July 10, 2011 (if there is sufficient interest).
Time: 3 to 5 p.m. MT.
Location: Bennion Student Union Multipurpose Room, 1784 Science
Center Drive, University Place in Idaho Falls, Idaho Falls, Idaho.
2. Date: Monday, July 11, 2011 (if there is sufficient interest).
Time: 7 to 9 p.m. MT.
Location: Same as Session 1 above.
D. Participation Guidelines for Oral Limited Appearance Statements
Any person not a party, or the representative of a party, to this
mandatory hearing proceeding will be permitted to make an oral
statement setting forth his or her position on matters of concern
relating to the proceeding. Although these statements do not constitute
testimony or evidence, they nonetheless may help the Licensing Board
and/or the parties in their consideration of the issues in this portion
of the mandatory hearing.
Oral limited appearance statements will be entertained during the
hours specified above, or such lesser time as may be necessary to
accommodate the speakers who are present. In this regard, if all
scheduled and unscheduled speakers present at a session have made a
presentation, the Licensing Board reserves the right to terminate the
session before the ending times listed above. The Board also reserves
the right to cancel the Sunday afternoon and/or Monday evening sessions
scheduled above if there has not been a sufficient showing of public
interest as reflected by the number of preregistered speakers.
Any member of the public who plans to attend the limited appearance
sessions is strongly advised to arrive early to allow time to pass
through any security measures that may be employed. Attendees are also
requested not to bring any unnecessary hand-carried items, such as
packages, briefcases, backpacks, or other items that might need to be
examined individually. Items that could readily be used as weapons will
not be permitted in the room where these sessions will be held. Also,
during these sessions, signs no larger than 18 inches by 18 inches will
be permitted, but may not be attached to sticks, held over one's head,
or moved about in the room.
The time allotted for each limited appearance statement normally
will be no more than five minutes, but may be further limited depending
on the number of written requests to make an oral statement that are
submitted in accordance with section E below and/or the number of
persons present at the designated times to ensure everyone will have an
opportunity to speak. In addition, in the case of the Monday evening
session, although an individual who previously addressed the Licensing
Board at the Sunday afternoon limited appearance session may request an
opportunity to make an additional presentation, the Board reserves the
right to defer such additional presentations until after it has heard
from speakers who have not had an opportunity to make an initial
presentation.
E. Submitting a Request To Make an Oral Limited Appearance Statement
A person wishing to make an oral statement who has submitted a
timely written request to do so will be given priority over those who
have not filed such a request. To be considered timely, a written
request to make an oral statement must either be mailed, faxed, or sent
by e-mail so as to be received by 5 p.m. Eastern Time (ET) on Friday,
July 1, 2011. The request must specify the session (Sunday or Monday)
during which the requester wishes to make an oral statement. Based on
its review of the requests received by July 1, 2011, the Licensing
Board may decide that the Sunday afternoon and/or Monday evening
sessions will not be held due to a lack of adequate interest in those
sessions.
Written requests to make an oral statement should be submitted to:
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] and [email protected].
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. 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].
G. 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 are available
for public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, 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).\3\ Persons who do not
[[Page 34105]]
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].
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\3\ 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.
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H. Information Updates to Schedule
Any updates or revisions to the mandatory hearing schedule or the
schedule for limited appearance sessions 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).
It is so ordered.
Dated: June 2, 2011.
For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman, Rockville, Maryland.
[FR Doc. 2011-14416 Filed 6-9-11; 8:45 am]
BILLING CODE 7590-01-P