[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Pages 62180-62184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21472]



[Docket Nos. 40-2259, 70-7015, 70-1257, 70-3098; NRC-2016-0184]

Eagle Rock Enrichment Facility and Lucky Mc Uranium Mill; 
Consideration of Approval of Transfer of Licenses and Conforming 

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for indirect and direct transfer of licenses; 
opportunity to comment, request a hearing, and petition for leave to 


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received, and is 
considering approval of, an application filed by AREVA, Inc. on July 
25, 2016. The application seeks the NRC's consent to: The indirect 
transfer of control of special nuclear material License SNM-2015 
governing the proposed Eagle Rock uranium enrichment facility (EREF) 
that may later be constructed and operated; the direct transfer of 
control of source material License SUA-672 for the Lucky Mc Uranium 
Mill; and the direct transfer of control of Export Licenses XSOU8780, 
XSNM3643, and XSNM3722. If approved, the transfer of License SNM-2015 
would be from AREVA Enrichment Services LLC (AES), to AREVA Nuclear 
Materials, LLC. The transfer of License SUA-672 and Export License 
XSOU8780 would be from AREVA, Inc. to AREVA Nuclear Materials, LLC. The 
transfer of Export Licenses XSNM3643 and XSNM3722 would be from AREVA, 
Inc. to TN Americas, LLC. In its application, AREVA, Inc. also requests 
approval of its proposed conforming amendments to reflect the new names 
of the ``AREVA Nuclear Materials, LLC'' and ``TN Americas, LLC,'' which 
would hold the

[[Page 62181]]

licenses to be transferred if the NRC consents to the transfers.

DATES: A request for a hearing must be filed by September 28, 2016. 
Written comments may be filed by October 11, 2016.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0184. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Osiris Siurano, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-7827, email: 
[email protected]; Nuclear Regulatory Commission, 
Washington, DC, 20555-0001.


I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0184 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0184.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
     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.

B. Submitting Comments

    Please include Docket ID NRC-2016-0184 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    Pursuant to Section 184 of the Atomic Energy Act of 1954 (AEA), as 
amended, and title 10 of the Code of Federal Regulations (10 CFR) 
Sec. Sec.  30.34(b)(1), 40.46, 70.36, and 110.50(d), AREVA Inc. has 
requested that the NRC approve several license transfers in connection 
with its planned internal reorganization involving the AREVA family of 
companies that operate in the United States under NRC licenses. Under 
the referenced regulations, no NRC license and no right thereunder to 
possess or utilize licensed material shall be transferred, assigned, or 
in any manner disposed of, either voluntarily or involuntarily, 
directly or indirectly, through transfer of control of any license to 
any person unless the Commission shall, after securing full 
information, finds that the transfer is in accordance with the 
provisions of the AEA, and gives its consent in writing.
    AREVA, Inc.'s July 25, 2016, submittal (ADAMS No. ML16207A715) 
includes organizational charts showing the current overall corporate 
structure. The ultimate parent of the NRC-licensed entities is AREVA 
SA, a company organized under the laws of France. Under AREVA SA is 
AREVA NP SAS (also organized under the laws of France), which owns 100 
percent of the shares of AREVA Inc. After the planned internal 
reorganization, AREVA SA would remain the ultimate parent and sole 
owner of AREVA NP SAS, and New AREVA Holdings SAS would be the new 
intermediate parent company of AREVA Nuclear Materials, LLC. Existing 
controls over access to classified or other protected information would 
remain in place. The submittal further states that the planned 
reorganization, if approved, would not result in any physical or 
operational changes relating to the licensed programs for any of the 
affected NRC licensees; and that there would not be any changes in 
organization, location, facilities, equipment or procedures that relate 
to the licensed programs under which the NRC licenses operate.
    The Radiation Safety Officers would remain the same. No changes are 
being proposed to any authorized users, or to any other persons 
identified on the licenses as having responsibility for radiation 
safety, or who are otherwise authorized to use NRC-licensed material. 
AREVA Inc.'s submittal provides written notification to the NRC 
concerning its planned internal reorganization, which is scheduled to 
be implemented on October 1, 2016.
    AREVA, Inc.'s July 25, 2016, submittal also includes a request that 
the NRC confirm that the proposed reorganization would not involve any 
transfer of control of Construction Authorization Number CAMOX-001 (for 
the MOX Fuel Fabrication Facility) that would need NRC's prior consent 
pursuant to 10 CFR 70.36. Specifically, the submittal states that AREVA 
Inc. owns a minority, 30 percent (30%), non-controlling interest in 
CB&I AREVA MOX Services, LLC (MOX Services), which holds CAMOX-001. 
AREVA Inc.'s ownership interests in MOX Services would be transferred 
to AREVA Nuclear Materials, LLC, but the submittal states that this 
proposed transfer would not affect CB&I's controlling 70 percent (70%) 
interest in MOX Services.

[[Page 62182]]

    The July 25, 2016, submittal further reflects that the SNM-2015 
license authorizes AES to possess and use source and special nuclear 
material at EREF, a proposed gas centrifuge uranium enrichment facility 
that would be located in Bonneville County, Idaho. The SUA-672 license 
authorizes AREVA Inc. to possess source material and byproduct material 
in the form of uranium mill tailings and waste at the Lucky Mc Uranium 
Mill in Fremont County, Wyoming. Though the Lucky Mc Uranium Mill 
license would be transferred from AREVA Inc. to AREVA Nuclear 
Materials, LLC, the submittal states that the new licensee would not 
make any changes to the current personnel, and therefore no new 
training would be required. Export License XSOU8780 authorizes AREVA 
Inc. to export up to a cumulative total of 11,000,000 kilograms natural 
uranium, in the form of uranium hexafluoride (UF6) to 
ultimate foreign consignees in France, The Netherlands, Germany, and 
the United Kingdom, for enrichment up to 5 percent and for ultimate use 
in nuclear power reactors in EURATOM or return to the United States. 
Export License XSNM3643 authorizes AREVA Inc. to export up to 195 
kilograms U\235\ contained in 975.0 kilograms uranium enriched to 
19.95%, in solid form. The ultimate foreign consignee is South Africa. 
Export License XSNM3722 authorizes AREVA Inc. to export 147 kilograms 
U\235\ contained in 735 kilograms uranium, enriched to 19.95 percent, 
in solid form. The ultimate foreign consignees are the Nuclear Research 
and Consultancy Group and the Mallinckrodt Molybdenum Production 
Facility, both in The Netherlands.
    An NRC administrative review, documented in a letter to AREVA Inc. 
dated August 31, 2016 (ADAMS Accession No. ML16243A499), found the 
application acceptable to begin a more detailed technical review. If 
the application is granted, all of the above referenced licenses would 
be amended for administrative purposes to reflect the new corporate 
    If the July 25, 2016, request is granted, the NRC licenses would be 
amended to reflect the licensees' new names and reorganized ownership. 
Before such license amendments are issued, the NRC will have made the 
findings required by the AEA and the NRC's regulations. The required 
findings would be documented in a Safety Evaluation Report, and any 
necessary NRC orders would be issued. An environmental review of the 
proposed action will not be performed because, pursuant to 10 CFR 
51.22(c)(21), license transfer approvals and associated license 
amendments are categorically excluded from the requirement to perform 
an environmental review.

III. Opportunity To Request a Hearing and Petition for Leave To 

    Any person whose interest may be affected by this proposed action 
and who seeks an NRC hearing regarding the proposed action must file a 
request for a hearing and a petition to intervene (petition) within 20 
days after the date of publication of this notice, pursuant to 10 CFR 
2.309(b)(1). Petitions shall be filed in accordance with the 
Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 
2. Interested person(s) should consult a current copy of 10 CFR 2.309, 
which is available at the NRC's PDR, located at One White Flint North, 
Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 
20852. The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed within 20 days, the Commission 
or a presiding officer designated by the Commission or by the Chief 
Administrative Judge of the Atomic Safety and Licensing Board Panel, 
will rule on the petition; and the Secretary or the Chief 
Administrative Judge of the Atomic Safety and Licensing Board will 
issue a notice of a hearing or an appropriate order. Additionally, the 
petition must be filed in accordance with the filing instructions in 
the ``Electronic Submissions (E-Filing)'' section of this document.
    As required by 10 CFR 2.309, a petition shall set forth with 
particularity the interest of the petitioner in the proceeding, and how 
that interest may be affected by the results of the proceeding. The 
petition should specifically explain the reasons why intervention 
should be permitted with particular reference to the following general 
requirements: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest. The petition 
must also set forth the specific contentions which the petitioner seeks 
to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
petitioner shall provide a brief explanation of the bases for the 
contention and a concise statement of the alleged facts or expert 
opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to those specific sources and 
documents of which the petitioner is aware and on which the petitioner 
intends to rely to establish those facts or expert opinion to support 
its position on the issue. The petition must include sufficient 
information to show that a genuine dispute exists with the applicant on 
a material issue of law or fact. Contentions shall be limited to 
matters within the scope of the amendment under consideration. The 
contention must be one which, if proven, would entitle the petitioner 
to relief. A petitioner who fails to satisfy these requirements with 
respect to at least one contention will not be permitted to participate 
as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with the NRC's regulations, policies, and procedures.
    Petitions for leave to intervene must be filed no later than 20 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 20-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1), and may also have the 
opportunity to participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 

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conference, subject to the limits and conditions as may be imposed by 
the presiding officer. Details regarding the opportunity to make a 
limited appearance will be provided by the presiding officer if such 
sessions are scheduled.

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 (hereinafter 
``petition''), and documents filed by interested governmental entities 
participating under 10 CFR 2.315(c), must be filed in accordance with 
the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562, August 3, 2012). 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 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 identification (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 petition (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 the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are available on the NRC's public Web site at 
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 Electronic Filing Help Desk will not be 
able to offer assistance in using unlisted software.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a petition. 
Submissions should be in Portable Document Format (PDF). Additional 
guidance on PDF submissions is available on the NRC's public Web site 
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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's 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 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 NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 7 p.m., Eastern Time, Monday through Friday, excluding government 
    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 
stating why there is good cause for not filing electronically and 
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 the 
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. 
However, in some instances, a petition will require including 
information on local residence in order to demonstrate a proximity 
assertion of interest in the proceeding. 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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.

VI. Opportunity To Provide Written Comments

    Pursuant to 10 CFR 2.1305, as an alternative to requesting a 
hearing, persons may submit written comments regarding the license 
transfer applications. Any such comments should be submitted within 30 
days from the date of publication of this notice, in accordance with 10 
CFR 2.1305(b). 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

[[Page 62184]]

submitted as described in the ADDRESSES section of this document.

    Dated at Rockville, Maryland, this 1st day of September, 2016.

    For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental 
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-21472 Filed 9-7-16; 8:45 am]