[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Notices]
[Pages 65389-65390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25966]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-7001; NRC-2013-0099]


United States Enrichment Corporation, Paducah Gaseous Diffusion 
Plant

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of permanent cessation of uranium enrichment activities 
and suspension of staff review.

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SUMMARY: On April 2, 2013, the United States Enrichment Corporation 
(USEC) filed an application with the U.S. Nuclear Regulatory Commission 
(NRC) for the renewal of its Certificate of Compliance (CoC) for the 
Paducah Gaseous Diffusion Plant (PGDP). The current CoC for PGDP is set 
to expire on December 31, 2013. The NRC staff found USEC's renewal 
application acceptable for docketing and published a notice in the 
Federal Register acknowledging the receipt of the application and 
providing an opportunity for public comment. On June 3, 2013, USEC 
notified the NRC of its decision to permanently cease uranium 
enrichment activities at the PGDP. USEC stated that in 2014, it will 
return the PGDP facilities to the U.S. Department of Energy (DOE), and 
that it would request termination of its CoC in 2014. For these 
reasons, the NRC staff hereby gives notice that its review of USEC's 
pending renewal application has been suspended. Because the April 2, 
2013, application was filed in the required timeframe, in accordance 
with the NRC's timely renewal regulations, the existing CoC will remain 
effective until there is a final NRC determination on the renewal 
application.

ADDRESSES: Please refer to Docket ID NRC-2013-0099 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0099. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. Copies of USEC's Certificate 
renewal request (except for classified and proprietary portions which 
are withheld in accordance with section 2.390 of Title 10 of the Code 
of Federal Regulations (10 CFR), ``Availability of Public Records'') 
and the June 3, 2013, letter are available in ADAMS under Accession 
Nos. ML13105A010 and ML13176A151, respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Osiris Siurano-Perez, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-287-9070; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The NRC issued the initial CoC for PGDP on November 26, 1996, 
authorizing USEC's operation of a uranium enrichment facility in 
Paducah, Kentucky, using the gaseous

[[Page 65390]]

diffusion process. PGDP was last issued a renewed CoC on December 31, 
2008, with an expiration date of December 31, 2013.
    By letter dated April 2, 2013 (GDP 13-0010, ADAMS Accession No. 
ML13105A010), USEC submitted its renewal application in accordance with 
10 CFR part 76. In its application, USEC requested that the NRC renew 
the CoC for a 5-year period with an expiration date of December 31, 
2018.
    On May 22, 2013 (78 FR 30342), the NRC published in the Federal 
Register a notice of the Certificate renewal request and opportunity to 
comment. The notice stated that a public meeting would be conducted in 
the vicinity of the PGDP in July of 2013, in accordance with 10 CFR 
76.39. An NRC administrative review, documented in an electronic 
communication to USEC dated May 31, 2013 (ADAMS Accession No. 
ML13151A356), found the application sufficient to begin a technical 
review, in accordance with 10 CFR 76.36.

II. Discussion

    In a letter dated June 3, 2013, in accordance with 10 CFR 76.66(b), 
USEC notified the NRC of its decision to terminate its uranium 
enrichment operations at the PGDP. USEC stated that it plans to 
continue managing its inventory of NRC-regulated material, and conduct 
clean-up related activities under its existing CoC, before returning 
the PGDP facilities to DOE in 2014. Once USEC has completed these 
activities, it will request termination of the CoC.
    In accordance with 10 CFR 76.55, if a sufficient application for a 
CoC is timely filed, the existing CoC does not expire until a final 
determination on the application is made by the NRC. As stated above, 
USEC's renewal application was found to be sufficient to begin a 
technical review, and it was timely because it was filed prior to April 
15, 2013, as required by 10 CFR 76.31. Therefore, the existing CoC may 
remain in force after its December 31, 2013, expiration date, until the 
NRC makes a final determination on the renewal application. Based on 
USEC's decision to terminate its uranium enrichment operations at PGDP, 
the NRC's Office of Nuclear Materials Safety and Safeguards has 
suspended its review of USEC's April 2, 2013, renewal application. As a 
result, the NRC will not meet the 10 CFR 76.43 requirement that final 
NRC decisions on renewal applications be made within 6 months of 
receipt, and is therefore publishing this notice in accordance with 10 
CFR 76.43. The NRC will establish a date for making its renewal 
decision if USEC changes the termination plans described in its June 3, 
2013, letter.
    USEC's activities at the PGDP will continue to be governed by the 
existing CoC until its termination, and the NRC will continue 
monitoring USEC's security and control of nuclear material, 
decontamination, decommissioning, and waste disposal.
    Once the NRC receives USEC's request for CoC termination, the NRC 
will start the decertification process and coordinate with USEC and DOE 
to ensure that an appropriate transition of regulatory authority from 
the NRC to the DOE occurs. Upon the CoC's termination, DOE will assume 
responsibility and regulatory authority of the PGDP facility.
    The NRC intends to conduct a public meeting as part of the PGDP 
decertification process to allow USEC, DOE, relevant stakeholders, and 
members of the public to ask questions about the NRC process for 
terminating the CoC at the PGDP. A notice of this meeting will be 
posted on the NRC's Web site, http://www.nrc.gov/public-involve/public-meetings/index.cfm.

    Dated at Rockville, Maryland, this 22 day of October, 2013.

    For the U.S. Nuclear Regulatory Commission.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2013-25966 Filed 10-30-13; 8:45 am]
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