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AGENCY:
Nuclear Regulatory Commission.
ACTION:
Opportunity to request a hearing and to petition for leave to intervene; order imposing procedures.
SUMMARY:
The U.S. Nuclear Regulatory Commission (NRC) staff accepted and docketed an application for the amendment of Special Nuclear Materials License No. SNM-2010, submitted by Louisiana Energy Services, LLC, dba Urenco USA dated November 30, 2023. The amended license would authorize the applicant to modify the National Enrichment Facility, located in Eunice, New Mexico, to increase enrichment from 5.5 weight percent Uranium-235 (U-235) to less than 10 weight percent U-235. Because this amendment request contains Sensitive Unclassified Non-Safeguards Information (SUNSI), an order imposes procedures to obtain access to SUNSI and Safeguards Information (SGI) for contention preparation.
DATES:
Requests for a hearing or petition for leave to intervene must be filed by December 9, 2024. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who believes access to SUNSI and/or SGI is necessary to respond to this notice must request document access by October 18, 2024.
ADDRESSES:
Please refer to Docket ID NRC-2024-0176 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0176. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the For Further Information Contact section of this document.
- NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, or by email to PDR.Resource@nrc.gov. The license amendment request is available in ADAMS under Accession No. ML23334A122.
- NRC's PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Jonathan Rowley, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-4053; email: Jonathan.Rowley@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC has received, by letter dated November 30, 2023, an application from Louisiana Energy Services, LLC, dba Urenco USA, to amend materials license SNM-2010 at the National Enrichment Facility, located five miles east of Eunice, New Mexico. The National Enrichment Facility is a gas centrifuge uranium enrichment facility authorized to possess, use, and store special nuclear material (SNM), source material, and byproduct material. This amendment request proposes an increase of the enrichment limit in SNM-2010 license from 5.5 weight percent Uranium 235 (U-235) to less than 10 weight percent U-235, which Urenco USA calls Low Enriched Uranium Plus (LEU+). The scope of the request is limited to the systems, structures, and components necessary for the production, handling, and storage of the LEU+ at the Urenco USA site.
As documented in an administrative completeness review, dated March 1, 2024, NRC found the application, as supplemented, acceptable for a technical review. During the technical review, the NRC will review the application, as supplemented, in areas that include, but are not limited to, radiation safety, chemical safety, fire safety, security, environmental protection, and material control/accountability. Prior to reaching a decision on the request to amend SNM-2010, the NRC will need to conduct a review and make a determination in accordance with 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.
II. Availability of Documents
The documents identified in the following table are available to interested persons through ADAMS.
| Document description | ADAMS accession No. |
|---|---|
| Louisiana Energy Services, LLC, dba Urenco USA, License Amendment Request for Changes to License Conditions and Raise Enrichment Limit to Less Than 1 O Weight Percent for LEU+ Production Systems (LAR-23-02), dated November 30, 2023 | ML23334A122. |
| Enclosure 1—Louisiana Energy Services, LLC, Affidavit, dated November 30, 2023 | ML23334A123. |
| Enclosure 2—Description of Proposed Changes and Appendix A | ML23334A124 (non-public, withheld pursuant to 10 CFR 2.390). |
| Enclosure 3—Safety Analysis Report Markups | ML23334A125. |
| Enclosure 4—Integrated Safety Assessment Markups | ML23334A126 (non-public, withheld pursuant to 10 CFR 2.390). |
| Enclosure 5—Integrated Safety Assessment Changes Incorporated | ML23334A127 (non-public, withheld pursuant to 10 CFR 2.390). |
| Enclosure 6—Fundamental Nuclear Material Control Program Markups | ML23334A128 (non-public, withheld pursuant to 10 CFR 2.390). |
| Enclosure 7—Emergency Plan Markups | ML23334A129 (non-public, withheld pursuant to 10 CFR 2.390). |
| Enclosure 8—Environmental Information | ML23334A130. |
| Acceptance for review of UUSA License Amendment Request for Changes to License Conditions and Raise Enrichment Limit to Less than 10 Weight percent for LEU+ Production Systems, dated March 1, 2024 | ML24052A385. |
| Letter and Enclosure 1: Request for Additional Information Regarding LES License Amendment Request for Changes to License Conditions and Raise Enrichment Limit for LEU+ and Urenco USA Responses, dated July 12, 2024 | ML24187A155. |
| Enclosure 2: Request for Additional Information Regarding LES License Amendment Request 23-02—Changes To License Conditions and Raise Enrichment Limit to Less than 10 Weight Percent for Low Enriched Uranium Plus Production Systems, dated July 12, 2024 | ML24193A241 (non-public, withheld pursuant to 10 CFR 2.390). |
| Cover Letter—Responses to Requests for Additional Information, dated August 1, 2024 | ML24214A300. |
| Enclosure 1: UUSA Response to MC&A RAIs, dated August 1, 2024 | ML24214A301 (non-public, withheld pursuant to 10 CFR 2.390). |
| Enclosure 2: UUSA Responses to Human Factors Engineering and Environmental RAIs, dated August 1, 2024 | ML24214A302. |
| Cover Letter—Request for Additional Information Regarding Louisiana Energy Services, LLC License Amendment Request 23-02—Changes to License Conditions and Raise Enrichment Limit to less than 10 Weight Percent for LEU+ Production Systems (Part 2), dated September 16, 2024 | ML24248A189. |
| Enclosure 1—Request for Additional Information for the Integrated Safety Analysis Louisiana Energy Services, LLC, dated September 16, 2024 | ML24248A190 (non-public, withheld pursuant to 10 CFR 2.390). |
| Enclosure 2—Request for Additional Information Louisiana Energy Services, LLC dba Urenco USA License Amendment Request Nuclear Criticality Safety, dated September 16, 2024 | ML24248A191 (non-public, withheld pursuant to 10 CFR 2.390). |
| Day | Event/activity |
|---|---|
| 0 | Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access requests. |
| 10 | Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: (i) supporting the standing of a potential party identified by name and address; (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; (iii) demonstrating that access should be granted ( e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check |
| 60 | Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). |
| 20 | U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. |
| 25 | If NRC staff finds no “need,” no “need to know,” or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds “need” for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. |
| 30 | Deadline for NRC staff reply to motions to reverse NRC staff determination(s). |
| 40 | (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI. |
| 190 | (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. |
| 205 | Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). |
| A | If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. |
| A + 3 | Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. |
| A + 28 | Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. |
| A + 53 | (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. |
| A + 60 | (Answer receipt +7) Petitioner/Intervenor reply to answers. |
| >A + 60 | Decision on contention admission. |