[Federal Register Volume 68, Number 4 (Tuesday, January 7, 2003)]
[Notices]
[Pages 796-797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-264]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-143]


Nuclear Fuel Services, Inc. Notice of Receipt of Amendment 
Request and Opportunity To Request a Hearing

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has received, by 
letter dated October 11, 2002, a request from Nuclear Fuel Services, 
Inc., to amend its NRC Special Nuclear Materials License SNM-124, to 
authorize (1) processing operations in the Blended Low-Enriched Uranium 
Preparation Facility (BPF) and (2) minor administrative changes. The 
staff hereby provides notice of the request and issues a notice of 
opportunity to request a hearing on the amendment application.
    The request is the second of three license amendment requests 
planned to support operations associated with downblending and 
conversion of high-enriched uranium materials to low-enriched uranium 
oxides. NFS is currently manufacturing high-enriched nuclear reactor 
fuel at its facility in Erwin, Tennessee. NFS is constructing a new 
complex at the Erwin site to manufacture low-enriched nuclear reactor 
fuel. NFS is requesting this amendment to authorize operations at the 
BPF that will prepare low-enriched uranium solutions for use in the new 
complex. The BPF operations will be conducted within the existing 
facility because that facility is already authorized to handle high-
enriched material. After the high-enriched material is downblended and 
converted to a low-enriched uranium solution, it will be transferred 
from the BPF to the new complex.
    The October 11, 2002, amendment application contains an Integrated 
Safety Analysis (ISA) Summary for two of the eleven BPF operations. By 
letter dated October 14, 2002, NFS provided an ISA Summary addressing 
the remaining nine operations in the BPF. NFS excluded nine operations 
from the amendment request because NRC Special Nuclear Materials 
License SNM-124 already authorizes these operations in another building 
and NFS is relocating them to the BPF. By letter dated October 10, 
2002, NFS provided revisions to their Emergency Plan to incorporate BPF 
operations. These three submittals comprise the content of the license 
amendment application. NFS also submitted revisions to their 
Fundamental Nuclear Material Control (FNMC) Plan by letter dated May 
24, 2002, and revisions to their Physical Safeguards Plan by letter 
dated October 10, 2002. The FNMC Plan and Physical Safeguards Plan are 
being reviewed independently.
    This application will be reviewed by the staff for conformance with 
10 CFR parts 20, 70, 73, and 74, using NUREG-1520, ``Standard Review 
Plan for the Review of a License Application for a Fuel Cycle 
Facility'' and other applicable agency regulations and guidance. If NRC 
approves the request, the approval will be documented in an amendment 
to NRC Special Nuclear Materials License SNM-124. However, before 
approving the request, NRC will need to make the findings required by 
the Atomic Energy Act of 1954, as amended, and NRC regulations. These 
findings will be documented in a Safety Evaluation Report and either an 
Environmental Assessment (EA) or an Environmental Impact Statement.
    An EA, dated June 28, 2002, was issued to support the first 
amendment request for this project and may be looked to for additional 
information.

II. Notice of Availability of Amendment Request

    The following documents are available for public inspection and 
copying at the NRC Public Document Room, U.S. Nuclear Regulatory 
Commission Headquarters, Room O-1-F-21, 11555 Rockville Pike, 
Rockville, MD 20852, or through the ADAMS computer system at http://www.nrc.gov/reading-rm/adams.html using the accession numbers listed 
below:
A. NFS License Amendment Request Dated October 11, 2002
    1. Cover Letter and Attachment 1, Proposed Changes to License SNM-
124 (ADAMS accession number ML022960038).
    2. Attachment III, Non-Proprietary Version of ISA Summary, Part 1 
of 2 (ADAMS accession number ML022960069).
    3. Attachment III, Non-Proprietary Version of ISA Summary, Part 2 
of 2 (ADAMS accession number ML023400228).
B. ISA Summary for BPF Processes Dated October 14, 2002
    1. Cover Letter (ADAMS accession number ML023080301).
    2. Attachment II, Non-Proprietary Version of ISA Summary, Part 1 of 
2 (ADAMS accession number ML023090025).
    4. Attachment II, Non-Proprietary Version of ISA Summary, Part 2 of 
2 (ADAMS accession number ML023090170).
C. Environmental Assessment for First License Amendment Dated June 28, 
2002 (ADAMS Accession Number ML021790068).
    Attachments II and IV of the NFS license amendment request dated 
October 11, 2002, contain proprietary information and are being 
withheld from the public pursuant to 10 CFR 2.790. Attachment I of the 
ISA Summary for BPF Processes dated October 14, 2002, contains 
proprietary information and is being withheld from the public pursuant 
to 10 CFR 2.790. The Physical Safeguards Plan and the Fundamental 
Nuclear Material Control Plan are confidential restricted data, as 
defined in 10 CFR 25.5, and are not publicly available. In addition, 
the Emergency Plan Revisions are sensitive, homeland security 
information, and are not publicly available.

III. Notice of Opportunity To Request a Hearing

    NRC also provides notice that this is a proceeding on an 
application for an amendment of a license falling within the scope of 
10 CFR part 2, subpart L, ``Informal Hearing Procedures for 
Adjudications in Materials and Operator Licensing Proceedings.'' 
Pursuant to Sec.  2.1205(a), any person whose interest may be affected 
by this proceeding may file a request for a hearing. In accordance with 
Sec.  2.1205(d), a request for hearing must be filed within 30 days of 
the publication of this notice in the Federal Register. The request for 
a hearing must be filed with the Office of the Secretary, either:
    A. By delivery to the Rulemaking and Adjudications Staff of the 
Office of the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852-2738, between 7:45 a.m. and 4:15 p.m., Federal 
workdays; or
    B. By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Rulemaking and 
Adjudications Staff. Because of continuing disruptions in the delivery 
of mail to United States Government offices, it is requested that 
requests for hearing be transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101, or by e-mail 
to [email protected].
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    A. The applicant, Nuclear Fuel Services, 1205 Banner Hill Road, 
Erwin, Tennessee 37650-9718. A copy of the request for hearing should 
also be sent

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to the attorney for the licensee, Daryl Shapiro, c/o Shaw Pittman, 
L.L.P., 2300 N Street, NW., Washington, DC 20037; and
    B. The NRC staff, by delivery to the Office of the General Counsel, 
U.S. Nuclear Regulatory Commission, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852-2738, between 7:45 a.m. and 4:15 
p.m., Federal workdays, or by mail addressed to the Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555. Because of continuing disruptions in the delivery of mail to 
United States Government offices, it is requested that requests for 
hearing be transmitted to the Office of the General Counsel either by 
means of facsimile transmission to 301-415-3725, or by e-mail to 
[email protected].
    In addition to meeting other applicable requirements of 10 CFR part 
2 of the NRC's regulations, a request for a hearing filed by a person 
other than an applicant must describe in detail:
    A. The interest of the requestor in the proceeding;
    1. How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in Sec.  
2.1205(h);
    2. The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    3. The circumstances establishing that the request for a hearing is 
timely in accordance with Sec.  2.1205(d).

IV. Technical Contact

    For further information, contact Mary T. Adams, Fuel Cycle 
Facilities Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T-8-A-33, Washington, DC 20555. Telephone (301) 
415-7249.

    Dated at Rockville, Maryland, this 31st day of December, 2002.

    For the U.S. Nuclear Regulatory Commission.
Daniel M. Gillen,
Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 03-264 Filed 1-6-03; 8:45 am]
BILLING CODE 7590-01-P