[Federal Register Volume 91, Number 154 (Wednesday, August 12, 2026)]
[Notices]
[Pages 52088-52096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-16372]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7038; CLI-26-11]
Orano Enrichment USA LLC; (Project Ike Enrichment Facility);
Notice of Receipt of Application for License; Notice of Consideration
of Issuance of License; Notice of Hearing and Commission Order;
Opportunity To Request a Contested Hearing; and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information for Contention Preparation
Commissioners: Ho. K. Nieh, Chairman; David A. Wright; Bradley R.
Crowell; Matthew J. Marzano; Douglas W. Weaver.
I. Receipt of Application and Availability of Documents
The U.S. Nuclear Regulatory Commission (NRC) has received an
application from Orano Enrichment USA LLC (Orano) for a license to
receive, acquire, possess, and transfer byproduct, source, and special
nuclear material for the purpose of constructing and operating the
Project IKE Enrichment Facility in Oak Ridge, Tennessee.\1\ Orano is a
regional subsidiary of Orano SA, a French multinational nuclear fuel
cycle corporation majority-owned by the French state. The requested
license would authorize Orano to possess equipment capable of enriching
uranium, to construct and operate a uranium enrichment facility, and to
receive title to, own, acquire, receive, possess, use, transfer, and/or
deliver source material, special nuclear material, and byproduct
material as specified in the license for a facility that performs the
mechanical separation of isotopes using a fast rotating cylinder
(centrifuge) to enrich uranium. The facility would be known as the
Project IKE Enrichment Facility and would be located in eastern
Tennessee, in Roane County, on land owned by the Industrial Development
Board of the City of Oak Ridge.\2\ The requested license would
authorize Orano to re-enrich depleted uranium hexafluoride
(UF6) tails and enrich natural-grade UF6 to a
maximum of 8-weight percent uranium-235.
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\1\ Letter from Peter Vescovi, Orano Enrichment USA LLC to NRC
Document Control Desk (Mar. 27, 2026) (ML26086A377 (package)) (March
27 Application). Orano supplemented its application on May 8, 2026
(ML26128A423), providing responses to an NRC request for
supplemental information dated May 1, 2026 (ML26114A041).
\2\ March 27 Application, Enclosure 3 (ML26086A381).
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In May 2026, following the initial submission of its application in
March, Orano requested that the NRC staff grant an exemption from
timing requirements set forth in 10 CFR 70.22(m), which require that
certain license applications submitted under Part 70 include a
description of the applicant's security program to protect classified
matter and equipment.\3\ Orano asked to be allowed to submit its
license application (LA) to provide the required Information Systems
Security Plan (ISSP) separate from the other safety and safeguards
portions of the LA package.\4\ The NRC staff granted the temporary
exemption, allowing Orano until September 21, 2026, to submit the
portions of the application required by Sec. 70.22(m).\5\ On May 21,
2026, the NRC staff informed
[[Page 52089]]
Orano of its determination that ``the application provides sufficient
information to proceed with a detailed technical review'' and formally
accepted the application for review.\6\
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\3\ Letter from Peter Vescovi, Orano Enrichment USA LLC, to NRC
Document Control Desk (May 14, 2026) (ML26134A341).
\4\ Id.
\5\ Letter from Tekia Govan, U.S. Nuclear Regulatory Commission,
to Peter Vescovi, Orano Enrichment USA LLC (May 20, 2026)
(ML26135A230), Encl., ``The Safety Evaluation Report for the Orano
Enrichment USA, LC Request for Exemption to Segment the License
Application for Project IKE,'' (undated) (ML261235A228).
\6\ Letter from Osiris Siurano-Perez, U.S. Nuclear Regulatory
Commission, to Peter Vescovi, Orano Enrichment US LLC (May 21,
2026), at 1 (ML26134A3287 (package)).
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The NRC staff will perform a detailed technical review of the
application and prepare a safety evaluation report (SER) that addresses
the findings required by the Atomic Energy Act of 1954, as amended
(AEA) (42 U.S.C. 2011-2297h-13), and the NRC's regulations concerning
the public health and safety and common defense and security.
Additionally, in accordance with section 193 of the AEA, the National
Environmental Policy Act of 1969 (NEPA), and the NRC's regulations in
10 CFR part 51, the NRC staff will prepare a final environmental impact
statement (FEIS) before the required hearing on the issuance of the
license is completed.
Interested persons may obtain publicly available documents relating
to this application online in the Agencywide Documents Access and
Management System (ADAMS) Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. Interested persons may also examine
and order copies of publicly available documents at the NRC's Public
Document Room (PDR), which is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays. When available, the NRC staff's SER and FEIS, except
for portions subject to withholding from public inspection in
accordance with 10 CFR 2.390, will also be placed in the PDR and in
ADAMS. Copies of correspondence between the NRC and Orano and
transcripts of prehearing conferences and hearings, except for portions
subject to withholding from public inspection in accordance with 10 CFR
2.390, similarly will be made available to the public.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Pursuant to 10 CFR 70.23a and Section 193 of the AEA, as amended, a
hearing is required prior to the issuance of the license. In the event
there is a contested hearing on the application, the Commission does
not intend to conduct an additional uncontested hearing. If no
contested hearing takes place, the Commission will notice its
procedures for the conduct of the uncontested hearing at a later date.
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the 60-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)
through (iii).
A State, local governmental body, Federally-recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFRSec. 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and the NRC's public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally-recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
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: (1) request a digital identification
(ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system
[[Page 52090]]
may seek assistance by contacting the NRC's Electronic Filing Help Desk
through the ``Contact Us'' link located on the NRC's public website at
https://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 6 p.m.,
ET, Monday through Friday, excluding government holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC issued- digital ID
certificate as described above, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal 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
should not include copyrighted materials in their submission.
IV. Commission Guidance
a. Selection of Hearing Procedures
The NRC's regulations at 10 CFR 2.310(c) and 2.700 and 70.23a
provide that proceedings conducted with respect to the initial
licensing of a uranium enrichment facility are to be conducted under
the procedures of Subpart G to 10 CFR part 2. After considering the
desired goals of efficient conduct and streamlining of adjudicatory
proceedings, the Commission directs that, notwithstanding Sec. Sec.
2.310(c), 2.700, and 70.23a, the procedures of Subpart L (Simplified
Hearing Procedures for NRC Adjudications) to 10 CFR part 2, with
certain modifications in this Order, will be used for any contested
hearing held in this matter.\7\ Specifically, notwithstanding the
provisions of 10 CFR 2.1202(a), the NRC staff shall not issue its
approval or denial of the application during the pendency of the
hearing. Furthermore, when the Licensing Board has ruled on the
contested matters in a manner that would otherwise conclude the
proceeding (i.e., dispositioning all contentions on either threshold
admissibility or merits), it shall hold open the record and refer the
contested hearing ruling to the Commission.\8\ Consistent with AEA
Section 193, final Commission action on this referred contested hearing
record will not occur before the NRC staff prepares the FEIS on the
licensing action. Additionally, the parties' litigation of contested
issues should commence promptly following the admission of contentions,
rather than awaiting the completion of the NRC staff review.
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\7\ We are directing the use of Subpart L because it will be
more efficient and its procedures meet the requirements for ``on the
record'' proceedings. See Citizens Awareness Network, Inc. v. NRC,
391 F.3d 338 (1st Cir. 2004).
\8\ Pursuant to 10 CFR 2.323(f), a prompt referral from the
Licensing Board and Commission decision is necessary to materially
advance the orderly disposition of the proceeding that is required
under Section 193 of the AEA.
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b. Licensing Board Determination of Contentions
The Licensing Board shall issue a decision on the admissibility of
contentions no later than [140 days from the date of publication of
this Federal Register notice].
c. Novel Legal Issues
If rulings on petitions, contention admissibility, or admitted
contentions, raise novel legal or policy questions, the Commission will
provide early guidance and direction on the treatment and resolution of
such issues. Accordingly, the Commission directs the Licensing Board to
promptly certify to the Commission in accordance with 10 CFR 2.319(l)
and 2.323(f) all novel legal or policy issues that would benefit from
early Commission consideration should such issues arise in this
proceeding.
d. Discovery
As provided above, for any contested hearing in this proceeding,
the provisions of 10 CFR Subpart L will govern the parties' discovery
and disclosure obligations.
e. Hearing Schedule
In the interest of providing a fair hearing, avoiding unnecessary
delays in NRC's review and hearing process, and producing an informed
adjudicatory record that supports the licensing determination to be
made in this proceeding, the Commission expects that both the Licensing
Board and NRC staff, as well as the applicant and other parties to this
proceeding, will follow the applicable requirements contained in 10 CFR
part 2 and guidance in the Commission's Statement of Policy on Conduct
of Adjudicatory Proceedings, CLI-98-12, 48 NRC 18 (1998) (63 FR 41872
(August 5, 1998)) to the extent that such guidance is not inconsistent
with specific guidance in this Order. The guidance in the Statement of
Policy on Conduct of Adjudicatory Proceedings is intended to improve
the management and the timely completion of the proceeding and
addresses hearing schedules, parties' obligations, contentions and
discovery management. In addition, the Commission is providing the
following direction for this proceeding:
(1) The Licensing Board shall set a schedule for the contested
hearing in this proceeding consistent with this Order that provides for
the issuance of a final Licensing Board decision within 315 days (10\1/
2\ months) from the date of the publication of this Federal Register
notice.
(2) The evidentiary hearing with respect to contested issues shall
commence promptly and not await issuance of the SER or FEIS unless the
Licensing Board finds that doing so will adversely impact its
consideration of an issue.
(3) The Commission believes that issuing a contested hearing
decision within 315 days may be reasonably achieved under the rules of
practice contained in 10 CFR part 2 and the enhancements directed by
this Order. We do not expect the Licensing Board to sacrifice fairness
and sound decision-making to expedite any hearing granted on this
application. We do expect the Licensing Board to use the applicable
techniques specified in: this Order; 10 CFR 2.332, 2.333, and 2.334;
and the Commission's policy statement on the conduct of adjudicatory
proceedings (CLI-98-12, supra) to ensure prompt and efficient
resolution of contested
[[Page 52091]]
issues. See also Statement of Policy on Conduct of Licensing
Proceedings, CLI-81-8, 13 NRC 452 (1981).
(4) The Licensing Board shall adopt the following milestones, in
developing a schedule, for conclusion of significant steps in a
contested adjudicatory proceeding.
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Within [60 days from the date of Deadline for Requests for
publication of this Federal Register Hearing; Petitions to
notice]. Intervene and Contentions; and
Requests for Limited
Participation under 10 C.F.R.
Sec. 2.315(c).
Within [85 days from the date of Answers to Requests for
publication of this Federal Register Hearing; Petitions to
Notice]. Intervene and Contentions; and
Requests for Limited
Participation.
Within [95 days from the date of Replies to Answers regarding
publication of this Federal Register Requests for Hearing;
Notice]. Petitions to Intervene and
Contentions; and Requests for
Limited Participation.
Within [140 days from the date of Licensing Board issues decision
publication of this Federal Register on Requests for Hearing;
Notice]. Petitions to Intervene and
Contentions; and Requests for
Limited Participation.
Licensing Board sets initial
schedule for evidentiary
proceeding.
Within 30 days of the Licensing Board Staff prepares hearing file.
decision determining intervention:.
Within [315 days from the date of Licensing Board issues initial
publication of this Federal Register decision.
Notice]:.
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To avoid unnecessary delays in the proceeding, the Licensing Board
shall not routinely grant requests for extensions of time and should
manage the schedule such that the overall hearing process is completed
within 315 days from the date of publication of this Federal Register
notice. The Licensing Board shall not entertain motions for summary
disposition under 10 CFR 2.1205, unless the Licensing Board finds that
such motions, if granted, are likely to expedite the proceeding. Unless
otherwise justified, the Licensing Board shall provide for the
simultaneous filing of answers to proposed contentions, responsive
pleadings, proposed findings of fact, and other similar submittals. In
managing the proceeding, the Licensing Board shall establish timetables
for consideration and disposition of contentions filed after the
initial deadline in a manner that will, to the maximum extent
practicable, effectuate the ultimate target of completing the hearing
process within 315 days from the date of publication of this Federal
Register notice.
(5) Parties are obligated to comply with applicable requirements in
10 CFR part 2, unless directed otherwise by this Order or the Licensing
Board. They are also obligated in their filings before the Licensing
Board and the Commission to ensure that their arguments and assertions
are supported by appropriate and accurate references to legal authority
and factual basis, including, as appropriate, citation to the record.
Failure to do so may result in material being stricken from the record
or, in extreme circumstances, a party being dismissed from the
proceeding.
(6) The Commission directs the Licensing Board to inform the
Commission promptly, in writing, if the Licensing Board determines that
any single milestone could be missed by more than 30 days. The
Licensing Board must include an explanation of why the milestone cannot
be met and the measures the Licensing Board will take to mitigate the
failure to achieve the milestone and restore the proceeding to the
overall schedule.
f. Commission Oversight
As in any proceeding, the Commission retains its inherent
supervisory authority over the proceeding to provide additional
guidance to the Licensing Board and participants and to resolve any
matter in controversy itself. In the event that the Licensing Board
issues a final order which would terminate the contested proceeding (or
deny a petition to intervene), the Licensing Board shall hold open the
record and refer that order to the Commission.
V. Applicable Requirements
A. Licensing
The Commission will license and regulate byproduct, source, and
special nuclear material at the Project IKE Enrichment Facility in
accordance with the AEA. Section 274c.(1) of the AEA was amended by
Public Law 102-486 (October 24, 1992) to require the Commission to
retain authority and responsibility for the regulation of uranium
enrichment facilities. Therefore, in compliance with law, the
Commission will be the sole licensing and regulatory authority with
respect to possession of equipment capable of enriching uranium,
operation of a uranium enrichment facility, and possession and use of
byproduct, source, and special nuclear material for the Project IKE
Enrichment Facility in connection therewith.
Many rules and regulations in 10 CFR Chapter I are applicable to
the licensing of a person to receive, possess, use, transfer, deliver,
or process byproduct, source or special nuclear material in the
quantities that would be possessed at the Project IKE Enrichment
Facility. These include 10 CFR parts 19, 20, 21, 25, 30, 40, 51, 70,
71, 73, 74, 95, 140, 170, and 171 for the licensing and regulation of
byproduct, source, and special nuclear material, including requirements
for notices to workers, reporting of defects, radiation protection,
waste disposal, decommissioning funding, and insurance. With respect to
these regulations, the Commission notes that this is the seventh
proceeding involving the licensing of an enrichment facility.\9\
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\9\ The Commission issued a number of decisions in earlier
proceedings regarding proposed sites in Homer, Louisiana (Claiborne
Enrichment Center); Eunice, New Mexico (National Enrichment
Facility); Piketon, Ohio (American Centrifuge Plant); Bonneville
County, Idaho (Eagle Rock Enrichment Facility); and Wilmington,
North Carolina (GLE Commercial Facility). These final decisions--
Louisiana Energy Services, L.P. (Claiborne Enrichment Center), CLI-
92-7, 35 NRC 93 (1992); Louisiana Energy Services, L.P. (Claiborne
Enrichment Center), CLI-97-15, 46 NRC 294 (1997); Louisiana Energy
Services, L.P. (Claiborne Enrichment Center), CLI-98-3, 47 NRC 77
(1998); Louisiana Energy Services, L.P. (National Enrichment
Facility), CLI-05-05, 61 NRC 22(2005); Louisiana Energy Services,
L.P. (National Enrichment Facility), et. al., CLI-05-17, 62 NRC 5
(2005); USEC, Inc. (American Centrifuge Plant), CLI-07-05, 65 NRC
109 (2007); AREVA Enrichment Services, LLC (Eagle Rock Enrichment
Facility), CLI-11-4, 74 NRC 1 (2011)--resolve a number of issues
concerning uranium enrichment licensing and may be relied upon as
precedent.
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Consistent with the AEA, and the Commission's regulations, the
Commission is providing the following direction for licensing uranium
enrichment facilities:
1. Environmental Issues
a. General: 10 CFR part 51 governs the preparation of an
environmental report and an environmental impact statement
[[Page 52092]]
for a materials license. Orano's environmental report and the NRC
staff's associated environmental impact statement shall include a
statement on the alternatives to the proposed action, including a
discussion of the no-action alternative.
b. Treatment of depleted uranium hexafluoride tails: As to the
treatment of the disposition of depleted uranium hexafluoride tails
(depleted tails) in these environmental documents, unless Orano
demonstrates a use for uranium in the depleted tails as a potential
resource, the depleted tails will be considered waste. The Commission
has previously concluded that depleted uranium from an enrichment
facility is appropriately classified as low-level radioactive
waste.\10\ An approach for disposition of tails that is consistent with
the USEC Privatization Act, such as transfer to the Department of
Energy (DOE) for disposal, constitutes a ``plausible strategy'' for
disposition of the Orano depleted tails.\11\ The NRC staff may consider
DOE's Final Programmatic Environmental Impact Statement for Alternative
Strategies for the Long-Term Management and Use of Depleted Uranium
Hexafluoride in preparing the staff's environmental impact
statement.\12\ Orano and the Staff shall address alternatives for the
disposition of depleted uranium tails in these documents. As part of
the licensing process, Orano must also address the health, safety, and
security issues associated with the onsite storage of depleted uranium
tails pending removal of the tails from the site for disposal or DOE
disposition.
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\10\ See Louisiana Energy Services, CLI-05-05, 61 NRC at 36.
\11\ Id.
\12\ See Department of Energy, Final Programmatic Environmental
Impact Statement for Alternative Strategies for the Long-Term
Management and Use of Depleted Uranium Hexafluoride (DOE/EIS-0269),
64 FR 43358 (Aug. 10, 1999).
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2. Financial Qualifications
Review of financial qualifications for enrichment facility license
applications is governed by 10 CFR part 70. In CLI-97-15, the
Commission held that the 10 CFR part 70 financial criteria, 10 CFR
70.22(a)(8) and 70.23(a)(5), could be met by conditioning the license
to require funding commitments to be in place prior to construction and
operation.\13\ The specific license condition imposed--providing one
way to satisfy the requirements of 10 CFR part 70--required the
licensee to have in place prior to commencement of construction or
operation: a minimum equity contribution of 30% of project costs from
the parents and affiliates of partners prior to construction of the
associated capacity; firm funding commitments for the remaining project
costs; and long term enrichment contracts with prices sufficient to
cover both construction and operating costs, including a return on
investment, for the entire term of the contracts.
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\13\ Louisiana Energy Services, CLI-97-15, 46 NRC at 309.
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3. Foreign Ownership
The Orano application is governed by sections 53 and 63 of the AEA,
and, consequently, issues of foreign involvement shall be determined
pursuant to sections 57 and 69, not sections 103, 104, or 193(f).
Sections 57 and 69 of the AEA require, among other things, an
affirmative finding by the Commission that issuance of a license for
the facility will not be ``inimical to the common defense and
security.'' The requirements of sections 57 and 69 are incorporated in
10 CFR 70.31 and 10 CFR 40.32, respectively.
4. Creditor Requirements
Pursuant to section 184 of the AEA, the creditor regulations in 10
CFR 50.81 shall apply to the creation of creditor interests in
equipment, devices, or important parts thereof, capable of separating
the isotopes of uranium or enriching uranium in the isotope U-235. In
addition, the creditor regulations in 10 CFR 70.44 shall apply to the
creation of creditor interests in special nuclear material. These
creditor regulations may be augmented by license conditions as
necessary to allow ownership arrangements (such as sale and leaseback)
not covered by 10 CFR 50.81, provided it can be found that such
arrangements are not inimical to the common defense and security of the
United States.
5. Classified Information
All matters of classification of information related to the design,
construction, operation, and safeguarding of the Project IKE Enrichment
Facility shall be governed by classification guidance in ``Joint DOE/
NRC Classification Guide for Enrichment of Uranium by the SILEX Process
in the United States,'' Secret RD, Change 1 (November 2016)(CG-US-
SILEX-2) and ``Classification Guide for Safeguards and Security
Information Associated with Uranium Enrichment by the SILEX Process,''
OUO, Change 1 (January 2024)(CG-NRC-SILEX-2A). All decisions on
questions of classification or declassification of information shall be
made by appropriate classification officials in the NRC and/or DOE and
are not subject to de novo review in this proceeding.
6. Access to Classified Information
Portions of Orano's application for a license are classified
Restricted Data or National Security Information. Persons needing
access to those portions of the application will be required to have
the appropriate security clearance for the level of classified
information to which access is required. Access requirements apply
equally to intervenors, their witnesses and counsel, employees of the
applicant, its witnesses and counsel, NRC personnel, and others. Any
person who believes that he or she will have a need for access to
classified information for the purpose of this licensing proceeding,
including the hearing, should immediately contact the NRC, Division of
Fuel Cycle, Washington, DC, 20555, for information on the clearance
process. Telephone calls may be made to Osiris Siurano-Perez, Project
Manager, Fuel Facility Licensing Branch 2, Division of Fuel Cycle,
Office of Nuclear Material Safety and Safeguards. Telephone: (301) 415-
7827.
7. Obtaining NRC Security Facility Approval for Safeguarding Classified
Information Received or Developed Pursuant to 10 CFR part 95
Any entity requiring access to or possession of classified
information in connection with the licensing proceeding must process,
store, reproduce, transmit, or handle such information exclusively at a
location that has received facility security clearance approval from
the NRC's Division of Fuel Cycle, Washington, DC 20555. Telephone calls
may be made to Samuel (Sam) Bazian, Senior Program Manager Materials
Security Branch, Division of Fuel Cycle, Office of Nuclear Material
Safety and Safeguards. Telephone: (301) 415-7048.
B. Reconsideration
The above guidance does not foreclose the applicant, any person
admitted as a party to the hearing, or an entity participating under 10
CFR 2.315(c) from litigating material factual issues necessary for
resolution of contentions in this proceeding. Persons permitted to
intervene and entities participating under 10 CFR 2.315(c) as of the
date of the order on intervention may also move the Commission to
reconsider any portion of section V of this Notice and Commission Order
where there is no clear Commission precedent or unambiguously governing
statutes or regulations. Any motion to reconsider must be filed within
10 days after the order on intervention. The
[[Page 52093]]
motion must contain all technical or other arguments to support the
motion. Other persons granted intervention and entities participating
under 10 CFR 2.315(c), including the applicant and the NRC staff, may
respond to motions for reconsideration within 20 days of the order on
intervention. Motions will be ruled upon by the Commission. A motion
for reconsideration does not stay the schedule set out above in section
IV.e.4. However, if the Commission grants a motion for reconsideration,
it will, as necessary, provide direction on adjusting the hearing
schedule.
VI. Notice of Intent Regarding Classified Information
As noted above, a hearing on this application will be governed by
10 CFR part 2, subparts A, C, L, and to the extent classified material
becomes involved, Subpart I. Subpart I requires in accordance with 10
CFR 2.907 that the NRC staff file a notice of intent if, at the time of
publication of the Notice of Hearing, it appears that it will be
impracticable for the staff to avoid the introduction of Restricted
Data or National Security Information into the proceeding.
The applicant has submitted portions of its application that are
classified and intends to submit additional portions of its application
that will also be classified. The Commission notes that, since the
entire application may become part of the record of the proceeding, the
NRC staff has found it impracticable for it to avoid the introduction
of Restricted Data or National Security Information into the
proceeding.
VII. Order Imposing Procedures for Access to Sensitive Unclassified
Non-Safeguards Information and Safeguards Information for Contention
Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
B. Within 10 days after publication of this notice of hearing or
opportunity for hearing, any potential party who believes access to
SUNSI or SGI is necessary to respond to this notice may request access
to SUNSI or SGI. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
or SGI submitted later than 10 days after publication of this notice
will not be considered absent a showing of good cause for the late
filing, addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI, SGI, or both to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the Deputy
General Counsel for Licensing, Hearings, and Enforcement, Office of the
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001. The expedited delivery or courier mail address for both
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike,
Rockville, Maryland 20852. The email addresses for the Office of the
Secretary and the Office of the General Counsel are
[email protected] and [email protected],
respectively.\14\ The request must include the following information:
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\14\ While a request for hearing or petition to intervene in
this proceeding must comply with the filing requirements of the
NRC's ``E-Filing Rule,'' the initial request to access SUNSI and/or
SGI under these procedures should be submitted as described in this
paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) If the request is for SUNSI, the identity of the individual or
entity requesting access to SUNSI and the requestor's basis for the
need for the information in order to meaningfully participate in this
adjudicatory proceeding. In particular, the request must explain why
publicly available versions of the information requested would not be
sufficient to provide the basis and specificity for a proffered
contention.
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically, why the requestor believes that the information
is necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \15\ and
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\15\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
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(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Personnel Security Branch in
the Office of the Chief Human Capital Officer to conduct the background
check required for access to SGI, as required by 10 CFR part 2, subpart
C, and 10 CFR 73.22(b)(2), to determine the requestor's trustworthiness
and reliability. For security reasons, Form SF-85 can only be submitted
electronically through the National Background Investigation Services
e-App system, a secure website that is owned and operated by the
Defense Counterintelligence and Security Agency (DCSA). To obtain
online access to the form, the requestor should contact the NRC's
Office of the Chief Human Capital Officer at 301-415-3710.\16\
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\16\ The requestor will be asked to provide the requestor's full
name, social security number, date and place of birth, telephone
number, and email address. After providing this information, the
requestor usually should be able to obtain access to the online form
within one business day.
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(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 will be provided in the background check request package
supplied by the Office of the Chief Human Capital Officer for each
individual for whom a background check is being requested. The
fingerprint card will be used to satisfy the requirements of 10 CFR
part 2, subpart C, 10 CFR 73.22(b)(1), and Section 149 of the Atomic
Energy Act of 1954, as amended, which mandates that all persons with
access to SGI must be
[[Page 52094]]
fingerprinted for a Federal Bureau of Investigation identification and
criminal history records check.
(d) A check or money order payable in the amount of $403.00 \17\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
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\17\ This fee is subject to change pursuant to DCSA's adjustable
billing rates.
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(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of the
Chief Human Capital Officer, Personnel Security Branch, will make a
final determination whether the claimed exemption applies.
Alternatively, the requestor may contact the Office of the Chief Human
Capital Officer for an evaluation of their exemption status prior to
submitting their request. Persons who are exempt from the background
check are not required to complete the SF-85 or Form FD-258; however,
all other requirements for access to SGI, including the need to know,
are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address:
U.S. Nuclear Regulatory Commission, Office of the Chief Human
Capital Officer, ATTN: Personnel Security Branch, Mail Stop: TWFN-
07D04M, 11555 Rockville Pike, Rockville, MD 20852.
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.(3) or C.(4), the NRC staff will determine within 10 days
of receipt of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(2), the NRC staff will
notify the requestor in writing that access to SUNSI has been granted.
The written notification will contain instructions on how the requestor
may obtain copies of the requested documents, and any other conditions
that may apply to access to those documents. These conditions may
include, but are not limited to, the signing of a Non-Disclosure
Agreement or Affidavit, or Protective Order \18\ setting forth terms
and conditions to prevent the unauthorized or inadvertent disclosure of
SUNSI by each individual who will be granted access to SUNSI.
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\18\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2), the Office of the
Chief Human Capital Officer will then determine, based upon completion
of the background check, whether the proposed recipient is trustworthy
and reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of the Chief Human Capital Officer determines that the
individual or individuals are trustworthy and reliable, the NRC will
promptly notify the requestor in writing. The notification will provide
the names of approved individuals as well as the conditions under which
the SGI will be provided. Those conditions may include, but are not
limited to, the signing of a draft Non-Disclosure Agreement or
Affidavit, or Protective Order \19\ by each individual who will be
granted access to SGI.
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\19\ Any motion for Protective Order or draft Non-Disclosure
Agreement or Affidavit for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
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H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI contentions by that later deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff after a determination on standing and requisite need, or after a
determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) Before the Office of the Chief Human Capital Officer makes a
final adverse determination regarding the trustworthiness and
reliability of the proposed recipient(s) for access to SGI, the Office
of the Chief Human Capital Officer, in accordance with 10 CFR
2.336(f)(1)(iii), must provide the proposed recipient(s) any records
that were considered in the trustworthiness and reliability
determination, including those required to be provided under 10 CFR
73.57(e)(1), so that the proposed recipient(s) have an opportunity to
correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI or with respect to
standing or need to know for SGI by filing a challenge within five days
of receipt of that determination with: (a) the presiding officer
designated in this proceeding; (b) if no presiding officer has been
appointed, the Chief Administrative Judge, or if this individual is
unavailable, another administrative judge, or an Administrative Law
Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another
officer has been designated to rule on information access issues, with
that officer.
(4) The requestor may challenge the Office of the Chief Human
Capital Officer's final adverse determination with respect to
trustworthiness and reliability for access to SGI by filing a request
for review in accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
[[Page 52095]]
K. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within five days of the notification by
the NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if this
individual is unavailable, another administrative judge, or an
Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a);
or (c) if another officer has been designated to rule on information
access issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\20\
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\20\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) apply to
appeals of NRC staff determinations (because they must be served on
a presiding officer or the Commission, as applicable), but not to
the initial SUNSI request submitted to the NRC staff under these
procedures.
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L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, and motions for protective orders, in a
timely fashion in order to minimize any unnecessary delays in
identifying those petitioners who have standing and who have propounded
contentions meeting the specificity and basis requirements in 10 CFR
part 2. The attachment to this Order summarizes the general target
schedule for processing and resolving requests under these procedures.
It is so ordered.
For the Commission.
Dated at Rockville, Maryland, this 7th day of August 2026.
Jody Martin,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0................................. Publication of Federal Register
notice of hearing or opportunity
for hearing, including order with
instructions for access requests.
10................................ Deadline for submitting requests for
access to Sensitive Unclassified
NonSafeguards Information (SUNSI)
and/or Safeguards Information (SGI)
which contains information:
supporting the standing of a
potential party identified by name
and address; describing the need
for the information in order for
the potential party to participate
meaningfully in an adjudicatory
proceeding; demonstrating that
access should be granted (e.g.,
showing technical competence for
access to SGI); and, for SGI,
including application fee for
fingerprint/background check.
20................................ U.S. Nuclear Regulatory Commission
(NRC) staff informs the requestor
of the staff's determination
whether the request for access
provides a reasonable basis to
believe standing can be established
and demonstrates the (1) need for
SUNSI or (2) need to know for SGI.
(For SUNSI, NRC staff also informs
any party to the proceeding whose
interest independent of the
proceeding would be harmed by the
release of the information.) If NRC
staff makes the finding of need for
SUNSI and likelihood of standing,
NRC staff begins document
processing (preparation of
redactions or review of redacted
documents). If NRC staff makes the
finding of need to know for SGI and
likelihood of standing, NRC staff
begins background check (including
fingerprinting for a criminal
history records check), information
processing (i.e., preparation of
redactions or review of redacted
documents), and readiness
inspections.
25................................ If NRC staff finds no ``need,'' no
``need to know,'' or no likelihood
of standing, the deadline for
requestor/petitioner to file a
motion seeking a ruling to reverse
the NRC staff's denial of access;
NRC staff files copy of access
determination with the presiding
officer (or Chief Administrative
Judge or other designated officer,
as appropriate). If NRC staff finds
``need'' for SUNSI, the deadline
for any party to the proceeding
whose interest independent of the
proceeding would be harmed by the
release of the information to file
a motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................ Deadline for NRC staff's reply to
motions to reverse NRC staff
determination(s).
40................................ (Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete
information processing and file
motion for Protective Order and
draft Non-Disclosure Agreement or
Affidavit. Deadline for applicant/
licensee to file draft Non-
Disclosure Agreement or Affidavit
for SUNSI.
60................................ Deadline for submitting petition for
intervention which contains: (i)
Demonstration of standing; (ii) all
contentions whose formulation does
not require access to SUNSI and/or
SGI (+25 Answers to petition for
intervention; +7 requestor/
petitioner reply).
190............................... (Receipt +180) If NRC staff finds
standing, need to know for SGI, and
trustworthiness and reliability,
deadline for NRC staff to file
motion for Protective Order and
draft Non-Disclosure Agreement or
Affidavit (or to make a
determination that the proposed
recipient of SGI is not trustworthy
or reliable). Note: Before the
Office of the Chief Human Capital
Officer makes a final adverse
determination regarding access to
SGI, the proposed recipient must be
provided an opportunity to correct
or explain information.
205............................... Deadline for petitioner to seek
reversal of a final adverse NRC
staff trustworthiness or
reliability determination under 10
CFR 2.336(f)(1)(iv).
A................................. If access is granted: Issuance of a
decision by a presiding officer or
other designated officer on motion
for Protective Order for access to
sensitive information (including
schedule for providing access and
submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
A + 3............................. Deadline for filing executed draft
Non-Disclosure Agreements or
Affidavits. Access provided to
SUNSI and/or SGI consistent with
decision issuing the Protective
Order.
A + 28............................ Deadline for submission of
contentions whose development
depends upon access to SUNSI and/or
SGI. However, if more than 25 days
remain between the petitioner's
receipt of (or access to) the
information and the deadline for
filing all other contentions (as
established in the notice of
opportunity to request a hearing
and petition for leave to
intervene), the petitioner may file
its SUNSI or SGI contentions by
that later deadline.
[[Page 52096]]
A + 53............................ (Contention receipt +25) Answers to
contentions whose development
depends upon access to SUNSI and/or
SGI.
A + 60............................ (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60........................... Decision on contention admission.
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Additional Views of Commissioner Marzano
While I support the agency's goal of timely, efficient
adjudication, I would have voted to disapprove the proposed order.
While I do not oppose elimination of mandatory hearings for enrichment
facilities through legislation and supported the recent changes to the
mandatory hearing process under Section 189, I cannot reconcile this
order with the Atomic Energy Act's current hearing requirements.
For enrichment facilities, Section 193 requires a single hearing,
on the record, linked to the licensing decision. It further imposes
timing requirements relative to the issuance of an environmental impact
statement.\1\
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\1\ Licensing of uranium enrichment facilities, Atomic Energy
Act Sec. 193, 42 U.S.C. 2243.
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In the order issued today, the Commission now states that if there
is a contested hearing on the application, it does not intend to
conduct an additional uncontested hearing. It further directs the Board
to hold open the record and refer the final ruling to the Commission.
This path sets the stage for the Commission to credit any form of an
adjudicatory record as sufficient for the statute's hearing
requirement.
The order rests on an overly permissive reading of Section 193 that
I do not share. Congress designed this hearing to function as a
comprehensive public adjudication on the licensing decision.\2\
Treating early dispositive rulings as sufficient for the ``single
adjudicatory hearing on the record'' hollows out the statute's
requirement and the balance struck by Congress.
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\2\ 136 Cong. Rec. 32761 (1990) (statement of Rep. Miller)
(``The compromise language provides for the following procedural
safeguards that were not contained in the Senate-passed licensing
amendment: Provision for a mandatory full adjudicatory public
hearing prior to the issuance of a combined construction/operation
license.'')
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Even if one could read the statute to permit the proposed approach,
the attendant risks outweigh the potential schedule benefits. Other
efficiencies could be addressed in the overall process, and there is
still room for improvement in mandatory hearings for enrichment
facilities. The national interest in the timely expansion of domestic
enrichment capacity is better served by process certainty than by
significant, ad hoc changes to Commission practice.
For these reasons, I would deny the order as written. Until
Congress amends Section 193, we remain bound by its text. The agency
should instead expedite schedules where possible without departing from
the statute and what our rules require.
[FR Doc. 2026-16372 Filed 8-11-26; 8:45 am]
BILLING CODE 7590-01-P