[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Page 50767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20792]


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NUCLEAR REGULATORY COMMISSION

[NRC-2010-0355; Order EA-11-180; Docket Nos. 70-7003, 70-7004; License 
Nos. SNM-7003, SNM-2011]


In the Matter of USEC Inc., American Centrifuge Lead Cascade 
Facility, and American Centrifuge Plant; Order Extending the Date by 
Which the Direct Transfer of Licenses Is To Be Completed

I

    USEC Inc. (USEC) is the holder of materials licenses SNM-7003 and 
SNM-2011 for the American Centrifuge Lead Cascade Facility (Lead 
Cascade) and American Centrifuge Plant (ACP), respectively, which 
authorize the licensee to: (1) Possess and use source and special 
nuclear material at the Lead Cascade at the Portsmouth Gaseous 
Diffusion Plant site in Piketon, Ohio, in accordance with materials 
license number SNM-7003; and (2) construct and operate a gas centrifuge 
uranium enrichment facility (the ACP) at the Portsmouth Gaseous 
Diffusion Plant site in Piketon, Ohio, in accordance with materials 
license number SNM-2011.

II

    The U.S. Nuclear Regulatory Commission's (NRC) Order, dated 
February 10, 2011, approved the direct transfer of the licenses of the 
above facilities from USEC to the limited liability company American 
Centrifuge Operating, LLC (ACO), pursuant to Sections 161(b), 161(i), 
161(o) and 184 of the Atomic Energy Act, as amended; 42 United States 
Code (U.S.C.) 2201(b), 2201(i), and 2234; and Title 10 Code of Federal 
Regulations (10 CFR) parts 30.34(b), 40.46, ``Inalienability of 
Licenses,'' and 70.36, ``Inalienability of Licenses.'' By its terms, 
the February 10, 2011, Order will become null and void if the license 
transfers are not completed within 180 days from February 10, 2011 
(i.e., by August 9, 2011). However, the February 10 Order further 
states that upon written application and for good cause shown, the 180-
day period may be extended by further Order.

III

    By letter dated July 22, 2011, as supplemented by electronic 
communication dated August 1, 2011, USEC submitted a request to extend 
the date by which the license transfers must be completed from August 
9, 2011, to February9, 2012. USEC stated that it has been working 
diligently with the Department of Energy over the past several months 
to conclude the review process for USEC's loan guarantee application, 
but would not be able to complete this process by August 9, 2011.
    USEC states that there have been no changes in the information and 
technical and financial qualifications presented in its September 10, 
2010, request to transfer the licenses. USEC states that the basis for 
granting that request has, thus, not changed and remains valid. The NRC 
staff notes that its basis for approving the transfers of USEC's 
licenses for the Lead Cascade and the ACP from USEC to ACO is 
documented in its Safety Evaluation Report (SER) supporting the 
February 10 Order. The NRC staff concluded that the basis for approval 
has not changed since the issuance of the February 10 Order.
    The NRC staff has considered the submittal of July 22, 2011, as 
supplemented by electronic communication dated August 1, 2011, and has 
determined that good cause has been shown to extend, until February 9, 
2012, the date by which the license transfers must be completed.

IV

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the 
Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(b), 2201(i), and 
2234; and 10 CFR 30.34(b), 40.46, ``Inalienability of Licenses,'' and 
70.36, ``Inalienability of Licenses,'' It Is Hereby Ordered that the 
date by which the license transfers described above must be completed 
is extended to February 9, 2012. If the proposed direct transfer of 
licenses is not completed by February 9, 2012, this Order and the 
February 10 Order shall become null and void. However, upon written 
application and for good cause shown, the February 9, 2012, date may be 
extended by further Order.
    This Order is effective upon issuance. The Order of February 10, 
2011, as modified by this Order, remains in full force and effect.
    For further details with respect to this Order, see the submittal 
dated July 22, 2011 (Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML11210B497), as supplemented by electronic 
communication dated August 1, 2011 (ADAMS Accession No. ML11213A282), 
and the SER documenting NRC's staff evaluation of USEC's submittal 
dated July 22, 2011 (ADAMS Accession No. ML112140088), which may be 
examined--and/or copied for a fee--at the NRC's Public Document Room, 
located at One White Flint North, 11555 Rockville Pike (First Floor), 
Rockville, MD 20852; and accessible online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html.

    Dated at Rockville, Maryland, this 8th day of August 2011.

    For the U.S. Nuclear Regulatory Commission.

Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2011-20792 Filed 8-15-11; 8:45 am]
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