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Notice of License Renewal Request of AREVA NP, Richland, WA, and Opportunity To Request a Hearing

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 [Federal Register: March 15, 2007 (Volume 72, Number 50)]
[Notices]
[Page 12202-12204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr07-103]

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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1257]

Notice of License Renewal Request of AREVA NP, Richland, WA, and
Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license renewal application, and opportunity to
request a hearing.

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DATES: A request for a hearing must be filed by May 14, 2007.

FOR FURTHER INFORMATION CONTACT: Merritt Baker, Project Manager, Fuel
Facility Licensing Directorate, Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301)
415-6155; fax number: (301) 415-5955; e-mail: mnb@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has received, by
letter dated October 24, 2006, a license renewal application from AREVA
NP, Inc. (AREVA), requesting renewal of License No. SNM-1227 at its
Richland fuel fabrication facility located in Richland, Washington.
License No. SNM-1227 authorizes the licensee to possess and use special
nuclear material for the manufacture of fuel for nuclear power plants.
    The Richland facility has been licensed by the Atomic Energy
Commission and its successor, the NRC, to manufacture low-enriched
uranium fuel for nuclear power plants. The license was renewed in 1996
for a period of 10 years, expiring on November 30, 2006. By
applications dated October 24 and December 13, 2006, AREVA requested
renewal of their license for a period of 40 years. The NRC will review
the license renewal application for compliance with applicable sections
of regulations in Title 10 of the Code of Federal Regulations (10
CFR)--Energy, Chapter I--Nuclear Regulatory Commission. The license
renewal application included an Environmental Report, which the NRC
will review and use to prepare an environmental assessment to assist in
the NRC's determination on the license renewal application, as required
by 10 CFR Part 51, Environmental Protection Regulations for Domestic
Licensing and Related Regulatory Functions, and the National
Environmental Policy Act.
    An NRC administrative review, documented in a letter to AREVA dated
February 7, 2007, (ML070320061) found the application acceptable to
begin a technical review. Because AREVA filed the application for
renewal not less than 30 days before the expiration of the date stated
in the existing license, the existing license will not expire until the
Commission makes a final determination on the renewal application, in
accordance with the timely renewal provision of 10 CFR 70.38(a)(1). If
the NRC approves the renewal application, the approval will be
documented in NRC License No. SNM-1227. However, before approving the
proposed renewal, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended, and NRC's regulations. These
findings will be documented in a Safety Evaluation Report and an
Environmental Assessment and/or an Environmental Impact Statement.

[[Page 12203]]

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an
application for a license renewal. In accordance with the general
requirements in subpart C of 10 CFR part 2, as amended on January 14,
2004 (69 FR 2182), any person whose interest may be affected by this
proceeding and who desires to participate as a party must file a
written request for a hearing and a specification of the contentions
which the person seeks to have litigated in the hearing.
    In accordance with 10 CFR 2.302(a), a request for a hearing must be
filed with the Commission either by:
    1. First class mail addressed to: Office of the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff;
    2. Courier, express mail, and expedited delivery services: Office
of the Secretary, Sixteenth Floor, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and
Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal workdays;
    3. E-mail addressed to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, hearingdocket@nrc.gov; or
    4. By facsimile transmission addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC,
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101;
verification number is (301) 415-1966.
    In accordance with 10 CFR 2.302(b), all documents offered for
filing must be accompanied by proof of service on all parties to the
proceeding or their attorneys of record as required by law or by rule
or order of the Commission, including:
    1. The applicant, AREVA NP, Inc. 2101 Horn Rapids Road, Richland
Washington, 99254, Attention: Robert Link; and
    2. The NRC staff, by delivery to the Office of the General Counsel,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by
mail addressed to the Office of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Hearing requests
should also be transmitted to the Office of the General Counsel, either
by means of facsimile transmission to (301) 415-3725, or via email to 
ogcmailcenter@nrc.gov.
    The formal requirements for documents contained in 10 CFR 2.304
(b), (c), (d), and (e), must be met. In accordance with 10 CFR
2.304(f), a document filed by electronic mail or facsimile transmission
need not comply with the formal requirements of 10 CFR 2.304 (b), (c),
and (d), as long as an original and two (2) copies otherwise complying
with all of the requirements of 10 CFR 2.304 (b), (c), and (d) are
mailed within two (2) days thereafter to the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by May 14, 2007.
    In addition to meeting other applicable requirements of 10 CFR
2.309, the general requirements involving a request for a hearing filed
by a person other than an applicant must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act to be made a
party to the proceeding;
    3. The nature and extent of the requester's property, financial or
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued
in the proceeding on the requester's interest; and
    5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
    1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application (including the applicant's environmental report and safety
report) that the requester/petitioner disputes and the supporting
reasons for each dispute, or, if the requester/petitioner believes the
application fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requester's/petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the petition is to be filed, such as the application, supporting safety
analysis report, environmental report or other supporting documents
filed by an applicant or licensee, or otherwise available to the
petitioner. On issues arising under the National Environmental Policy
Act, the requester/petitioner shall file contentions based on the
applicant's environmental report. The requester/petitioner may amend
those contentions or file new contentions if there are data or
conclusions in the NRC draft, or final environmental impact statement,
environmental assessment, or any supplements relating thereto, that
differ significantly from the data or conclusions in the applicant's
documents. Otherwise, contentions may be amended or new contentions
filed after the initial filing only with leave of the presiding officer.
    Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Safety Evaluation Report for the
proposed action.
    2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed action.
    3. Emergency Planning--primarily concerns issues relating to
matters discussed or referenced in the Emergency Plan as it relates to
the proposed action.
    4. Physical Security--primarily concerns issues relating to matters
discussed or referenced in the Physical Security Plan as it relates to
the proposed action.
    5. Miscellaneous--does not fall into one of the categories outlined
above.
    If the requester/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requester/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requester/petitioner asserts the contention belongs with a separate
designation for that category.
    Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a

[[Page 12204]]

joint contention, for which one of the co-sponsoring requesters/
petitioners is designated the lead representative. Further, in
accordance with 10 CFR 2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so in writing within ten days of the date the contention is
filed, and designate a representative who shall have the authority to
act for the requester/petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing and/or
petition for leave to intervene may also address the selection of the
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Documents Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are:

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                                               ADAMS
                Document                   Accession No.       Date
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Transmittal letter......................     ML063110083        10/24/06
License renewal application public           ML063110089        10/24/06
 version................................
Environmental Report....................     ML063110087        10/31/06
Additional information..................     ML063530128        12/13/06
NRC acceptance letter...................     ML070320061        02/07/07
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    If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov.
    These documents may also be viewed electronically on the public
computers located at the NRC's PDR, O-1-F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction
contractor will copy documents for a fee.

    Dated at Rockville, Maryland, this 8th day of March, 2007.

    For the U.S. Nuclear Regulatory Commission.
Gary Janosko,
Deputy Director, Fuel Facility Licensing Directorate, Division of Fuel
Cycle Safety and Safeguards, Office of Nuclear Material Safety And
Safeguards.
[FR Doc. E7-4750 Filed 3-14-07; 8:45 am]
BILLING CODE 7590-01-P

 
 

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