[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70766-70768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29434]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-7580; NRC-2011-0260]


Notice of Application From FMRI for Consent to an Indirect Change 
of Control for Source Material License SMB-911 to Green Lantern 
Acquisition 1, LLC

AGENCY: U.S. 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 January 17, 2012. Submit 
comments by January 17, 2012.

ADDRESSES: Please include Docket ID NRC-2011-0260 in the subject line 
of your comments. For additional instructions on submitting comments 
and instructions on accessing documents related to this action, see 
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY 
INFORMATION section of this document. You may submit comments by any 
one of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0260. Address questions about NRC dockets to Carol Gallagher, 
telephone: (301) 492-3668; email: [email protected].
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at (301) 492-3446.

SUPPLEMENTARY INFORMATION:

Submitting Comments and Accessing Information

    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.
    You can access publicly available documents related to this 
document 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, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library 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 the NRC's public documents. If 
you do not have access to ADAMS or if there are

[[Page 70767]]

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 email to 
[email protected]. The Application for Consent to Indirect Change of 
Control for Source Material License SMB-911 is available electronically 
under ADAMS Accession Number ML11174A044.
     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-2011-0260.

FOR FURTHER INFORMATION CONTACT: James C. Shepherd, Project Engineer, 
Reactor Decommissioning 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) 415-6712; email: 
[email protected].

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application dated July 21, 2011, by FMRI (the 
``Applicant''), requesting consent for an indirect change of control 
with respect to its NRC Materials License SMB-911. Under this license, 
the Applicant owns a former rare earth processing facility located in 
Muskogee, Oklahoma. FMRI is currently a wholly-owned subsidiary of 
Fansteel, Inc. Consummation of the proposed transaction would result in 
the indirect change of control of FMRI from Fansteel, Inc. to Green 
Lantern Acquisition 1, LLC (``GLA 1''). The Applicant is requesting 
that the NRC consent to this indirect change of control.
    The application states that there would be no change to FMRI'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, FMRI would 
continue to be the holder of license SMB-911. 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 
in the financial surety mechanism for license SMB-911.
    Pursuant to section 184 of the Atomic Energy Act of 1954, as 
amended (AEA) and Title 10 of the Code of Federal Regulations (10 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, and a satisfactory completion 
of a safety review. If the NRC staff determines to approve the 
application, it will do so 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.
    An NRC administrative review, documented in a letter to FMRI dated 
July 21, 2011 (ML112000025), found the application acceptable to begin 
a technical review. If the NRC approves the amendment, the approval 
will be documented in an amendment to NRC License SMB-911. However, 
before approving the proposed amendment, the NRC will need to make the 
findings required by the AEA and NRC's regulations. These findings will 
be documented in a Safety Evaluation Report.

II. Opportunity To Request a Hearing

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to 
intervene, requirements for standing, and contentions.'' Interested 
persons should consult 10 CFR part 2, section 2.309, which is available 
at the NRC's Public Document Room (PDR), located at O1 F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR 
at (800) 397-4209 or (301) 415-4737). NRC regulations are also 
accessible electronically from the NRC's Electronic Reading Room on the 
NRC Web site at http://www.nrc.gov.

III. Opportunity To Provide Written Comments

    In accordance with 10 CFR 2.1305(a), as an alternative to requests 
for hearings, persons may submit written comments regarding this 
action. Written comments must be submitted no later than January 17, 
2012. 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. Electronic Submissions (E-Filing)

    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 process 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 email 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

[[Page 70768]]

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 Electronic Information Exchange, 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 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email 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 Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at (866) 672-7640. The 
NRC 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 an exemption request, 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://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the 
Commission, or the presiding 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 requires 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.

    Dated at Rockville, Maryland, this 27th day of October, 2011.

    For the U.S. 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. 2011-29434 Filed 11-14-11; 8:45 am]
BILLING CODE 7590-01-P