[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Pages 77195-77197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8062]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1151]


Notice of License Renewal Request of Westinghouse Electric 
Company, Columbia, SC, 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 February 27, 2006.

FOR FURTHER INFORMATION CONTACT: Mary Adams, Senior Project Manager, 
Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 
415-7249; fax number: (301) 415-5955; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) has received, by letter 
dated September 29, 2005, a license renewal application from 
Westinghouse Electric Company (WEC), requesting renewal of License No. 
SNM-1107 at its Columbia Fuel Fabrication Facility site located in 
Columbia, South Carolina. License No. SNM-1107 authorizes the licensee 
to possess and use special nuclear material for the manufacture of fuel 
for nuclear power plants.
    The Columbia Fuel Fabrication 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 1995 for a period of 10 years, expiring on November 30, 
2005. By applications dated September 29 and October 5, 2005, WEC 
requested renewal of their license for a period of 20 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 
(Enclosure 4 to the license renewal application), 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 WEC dated 
November 2, 2005 (ML052980594), found the application acceptable to 
begin a technical review. Because WEC 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-1107. However, before approving

[[Page 77196]]

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.

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, [email protected]; 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, Westinghouse Electric Company, P.O. Drawer R, 
Columbia, South Carolina, 29250, Attention: Nancy Parr; 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 e-mail to 
[email protected].
    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 February 27, 2006.
    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

[[Page 77197]]

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 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 
Document 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......................     ML052790078      09/29/2005
License renewal application public           ML052990073      09/29/2005
 version................................
Renewal application references..........     ML053250289      10/05/2005
NRC acceptance letter...................     ML052980594      11/02/2005
Environmental Report....................     ML052790081         12/2004
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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 [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O-1-F-21, 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 20th day of December, 2005.

    For the Nuclear Regulatory Commission.
Gary Janosko,
Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety And Safeguards.
 [FR Doc. E5-8062 Filed 12-28-05; 8:45 am]
BILLING CODE 7590-01-P