[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Pages 45225-45226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18402]



[Docket No. 50-228-LT; ASLBP No. 14-931-01-LT-BD01]

Atomic Safety and Licensing Board; Before Administrative Judge: 
E. Roy Hawkens, Presiding Officer; In the Matter of Aerotest 
Operations, Inc. (Aerotest Radiography and Research Reactor); Notice of 
Hearing (Notice of Closed Evidentiary Hearing)

July 29, 2014.
    The Atomic Safety and Licensing Board hereby gives notice that it 
will convene an evidentiary hearing pursuant to the 10 CFR part 2, 
Subpart M procedures to receive testimony and exhibits in the 
proceeding regarding the license transfer application of Aerotest 
Operations, Inc. and its proposed transferee, Nuclear Labyrinth, LLC 
(together, the Companies). Because the testimony will focus on 
proprietary information regarding whether the Companies satisfy 
financial qualification requirements for a license transfer under 10 
CFR 50.33(f), the hearing will be closed to the public.

I. Matters to Be Considered

    As set forth by the Licensing Board in its May 2014 Memorandum and 
Order Ruling on Admissibility of Areas of Controversy, there are two 
litigable areas of controversy in this proceeding: (1) Whether the 
Staff correctly concluded that the Companies failed to demonstrate that 
they have, or with reasonable assurance will have, sufficient funding 
to conduct activities authorized by the Aerotest Radiography and 
Research Reactor (ARRR) license if the license is indirectly 
transferred; and (2) whether the Staff correctly concluded that the 
Companies failed to demonstrate that there will be sufficient funds to 
cover the annual cost of spent fuel storage until the Department of 
Energy accepts ARRR's spent fuel. See Memorandum and Order (Ruling on 
Admissibility of Areas of Controversy) at 2 (May 22, 2014).\1\

    \1\ See also Safety Evaluation by the Office of Nuclear Reactor 
Regulation Indirect License Transfer of [ARRR] Due to the Proposed 
Acquisition of Aerotest Operations, Inc. by Nuclear Labyrinth, LLC 
Facility Operating License No. R-98 (July 24, 2013) at 9, 11; see 
also CLI-14-05, 76 NRC at --------- (slip op. at 4-5).

II. Date, Time, and Location of Evidentiary Hearing

    The evidentiary hearing will commence at 10:00 a.m. Eastern Time 
(ET) on Tuesday, August 12, 2014 in the Atomic Safety and Licensing 
Board Panel's Rockville Hearing Room and, if

[[Page 45226]]

practicable, will continue that day until complete.

III. Availability of Documentary Information Regarding the Proceeding

    Documents related 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 via the publicly-available records 
component of NRC's document system (ADAMS). ADAMS is accessible from 
the NRC Web site at 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 8:00 a.m. and 4:00 p.m., ET, 
Monday through Friday except federal holidays) or by email to 
[email protected].

IV. Information Updates to Schedule

    Any updates or revisions to the evidentiary hearing schedule can be 
found on the NRC Web site at www.nrc.gov/public-involve/public-meetings/index.cfm, or by calling (800) 368-5642, extension 5036 
(available between 7:00 a.m. and 9:00 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.

    The Atomic Safety and Licensing Board. Rockville, Maryland.

    Dated: July 29, 2014.
E. Roy Hawkens,
Presiding Officer.
[FR Doc. 2014-18402 Filed 8-1-14; 8:45 am]