[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Notices]
[Pages 10727-10730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04136]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1151; NRC-2015-0039]
Westinghouse Electric Company, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from the Westinghouse Electric Company, LLC (Westinghouse
or the licensee) to renew special nuclear material (SNM) license number
SNM-1107 that authorizes Westinghouse to manufacture nuclear fuel
assemblies at the Columbia Fuel Fabrication Facility (CFFF) in Hopkins,
SC, for use in commercial nuclear power plants. The license renewal
would allow Westinghouse to continue licensed activities for 40 years
from the date that a renewed license is issued.
DATES: A request for a hearing or petition for leave to intervene must
be filed by April 28, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0039 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0039. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
[[Page 10728]]
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Christopher Ryder, Office of Nuclear
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-287-0651; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated November 30, 2012, and
revised/supplemented on July 31, 2014, and December 27, 2014, a request
to renew SNM license number SNM-1107, authorizing Westinghouse to
manufacture nuclear fuel assemblies at the CFFF in Hopkins, South
Carolina, for use in commercial nuclear power plants. The manufacturing
operations consist of receiving low-enriched (i.e., less than or equal
to 5.0 weight percent U-235) uranium in the form of uranium
hexafluoride; converting the uranium hexafluoride into uranium dioxide
powder using the ammonium diuranate process; pressing the uranium
dioxide powder into fuel pellets; loading the fuel pellets into fuel
rods; and bundling the fuel rods into fuel assemblies. The license
renewal would allow Westinghouse to continue licensed activities for 40
years from the date that the license is issued. The current license was
issued on September 30, 2007, for a period of 20 years. The expiration
date of the current license is September 30, 2027. The licensee is
authorized to use SNM under Part 70 of Title 10 of the Code of Federal
Regulations (10 CFR).
An NRC administrative completeness review, dated December 30, 2014,
found the application acceptable for a technical review. During the
technical review, the NRC will be reviewing the application in areas of
the site description, organization of the CFFF, integrated safety
analysis, radiation protection, nuclear criticality safety, chemical
process safety, fire safety, emergency management, environmental
protection, decommissioning, management measures, physical security,
and nuclear material control. Prior to approving the request to renew
SNM license number SNM-1107, the NRC will need to make the findings
required by the Atomic Energy Act of 1954, as amended (the Act), and
the NRC's regulations. The NRC's findings will be documented in a
safety evaluation report. Regarding the proposed action, the NRC will
also make findings consistent with the National Environmental Policy
Act and 10 CFR part 51.
II. Opportunity To Request a Hearing and Petition To Intervene
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition to intervene
shall be filed in accordance with the Commission's ``Agency Rules of
Practice and Procedure'' in 10 CFR part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309, which is available at the NRC's
PDR, located in One White Flint North, Room O1-F21 (first floor), 11555
Rockville Pike, Rockville, Maryland 20852. The NRC's regulations are
accessible electronically from the NRC Library on the NRC's Web site at
http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a
hearing or petition to intervene is filed within 60 days, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will rule on the request and/or petition. The Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth, with particularity, the interest of the petitioner in
the proceeding and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted, with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence, consistent
with NRC regulations, policies, and procedures. The Atomic Safety and
Licensing Board will set the time and place for any prehearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests for hearing,
petitions to intervene, 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
[[Page 10729]]
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
A State, local governmental body, Federally-recognized Indian
tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by April
28, 2015. The petition must be filed in accordance with the filing
instructions in the ``Electronic Submissions (E-Filing)'' section of
this document, and should meet the requirements for petitions for leave
to intervene set forth in this section, except that under Sec.
2.309(h)(2) a State, local governmental body, or Federally-recognized
Indian tribe, or agency thereof does not need to address the standing
requirements in 10 CFR 2.309(d) if the facility is located within its
boundaries. A State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
April 28, 2015.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). 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. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
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 request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (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 hearing in this 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 Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are 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. Eastern Time
on the due date. Upon receipt of a transmission, the
E-Filing system time-stamps the document and sends the submitter an
email notice confirming receipt of the document. The E-Filing system
also distributes an email notice 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 documents on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before a hearing request/petition to intervene
is filed so that they can obtain access to the document via the E-
Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://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 Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a 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
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852, Attention: Rulemaking and Adjudications Staff Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
[[Page 10730]]
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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 are requested
not to include copyrighted materials in their submission.
IV. Availability of Documents
The documents identified in the following table are available in
ADAMS to interested persons.
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Document Adams Accession No. Description
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Letter from G. Couture, ML12338A041........ Initial application
Westinghouse, ``Westinghouse to renew license
License Renewal SNM-1107 for a
Application'', November 30, period of 40 years.
2013.
Letter to C. Snyder, ML13024A083........ Letter informing
Westinghouse, Deferring Westinghouse that
Review Of Application For A NRC intends to
40-Year Renewal Of Special defer the review of
Nuclear Materials License the renewal
SNM-1107'', February 7, 2013. application so as
to budget and plan
for the review.
Letter from N. Parr, ML14213A105........ Resubmitted
Westinghouse, ``SNM-1107 application to
License Renewal'', July 31, renew license SNM-
2014. 1107 for a period
of 40 years.
Note from C. Ryder, U.S. ML14276A432........ Summary of a meeting
Nuclear Regulatory between NRC and
Commission, ``Summary of Westinghouse to
Meetings: Westinghouse 40- discuss
Year License Renewal: supplementing the
Acceptance Review'', October application to
3, 2014. renew license SNM-
1107.
Letter from R. Johnson, U.S. ML14295A208........ Letter from NRC to
Nuclear Regulatory Westinghouse
Commission, ``Supplemental discussing the
Information Needed To Begin information that is
A Technical Review Of The 40- needed to begin a
Year License Renewal technical review of
Application'', October 24, the application to
2014. renew license SNM-
1107.
Memorandum from C. Ryder, ML14356A353........ Summary of meeting
U.S. Nuclear Regulatory between NRC and
Commission, ``Westinghouse Westinghouse
Electric Company: Meeting discussing the
Summary--Nuclear Regulatory letter Westinghouse
Commission Staff dated October 24,
Expectations For 2014, regarding
Supplementing The License information to
Renewal Application Dated supplement license
July 31, 2014, Of The SNM-1107.
Columbia Fuel Fabrication
Facility'', January 12, 2015.
Letter from N. Parr, ML14352A111........ Revised application
Westinghouse, ``SNM-1107 to renew license
License Renewal SNM-1107.
Supplement'', December 17,
2014.
Letter from C. Ryder, U.S. ML14364A017........ Letter from NRC to
Nuclear Regulatory Westinghouse
Commission, ``Acceptance For informing
Technical Review: ``SNM-1107 Westinghouse that
License Renewal the revised
Supplement,'' Dated December application dated
17, 2014 (Technical December 17, 2014,
Assignment Control Number has sufficient
L33317)'', December 30, 2014. information for the
NRC staff to
perform a technical
review.
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Dated at Rockville, Maryland, this 18th day of February 2015.
For the Nuclear Regulatory Commission.
Robert K. Johnson,
Chief, Fuel Manufacturing Branch, Division of Fuel Cycle Safety,
Safeguards, and Environmental Review, Office of Nuclear Materials
Safety and Safeguards.
[FR Doc. 2015-04136 Filed 2-26-15; 8:45 am]
BILLING CODE 7590-01-P