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Federal Register / Vol. 72, No.

59 / Wednesday, March 28, 2007 / Notices 14621

Type of Review: Reinstatement, Company, GE-Hitachi Nuclear Energy license transfer application, are
without change, of a previously Americas, LLC, a newly formed entity, discussed below.
approved collection. would acquire ownership of the Within 20 days from the date of
Title: 12 CFR part 701.22 Organization facilities following approval of the publication of this notice, any person
and Operation of Federal Credit proposed license transfer, and would be whose interest may be affected by the
Unions—Loan Participations. responsible for the operations and Commission’s action on the application
Description: NCUA has authorized maintenance of the VBWR, GETR, NTR may request a hearing and, if not the
federal credit unions to engage in loan and EVESR facilities. This new entity applicant, may petition for leave to
participations, provided they establish will be wholly owned by GE-Hitachi intervene in a hearing proceeding on the
written policies and enter into a written Nuclear Energy Holdings, LLC, created Commission’s action. Requests for a
loan participation agreement. NCUA as a parent company. A U.S. subsidiary hearing and petitions for leave to
believes written policies are necessary or subsidiaries of Hitachi Ltd, a intervene should be filed in accordance
to ensure a plan is fully considered Japanese company, will hold a 40% with the Commission’s rules of practice
before being adopted by the Board. ownership interest in GE-Hitachi set forth in Subpart C ‘‘Rules of General
Respondents: All Federal Credit Nuclear Energy Holdings, LLC and the Applicability: Hearing Requests,
Unions. General Electric Company, through Petitions to Intervene, Availability of
Estimated No. of Respondents/ various subsidiaries, will hold a 60% Documents, Selection of Specific
Recordkeepers: 1,000. ownership interest. Hearing Procedures, Presiding Officer
Estimated Burden Hours per Powers, and General Hearing
Response: 4 hours. No physical changes to the facilities
or other changes are being proposed in Management for NRC Adjudicatory
Frequency of Response: On occasion. Hearings,’’ of 10 CFR Part 2. In
Estimated Total Annual Burden the application.
The proposed amendments would particular, such requests and petitions
Hours: 4,000. must comply with the requirements set
Estimated Total Annual Cost: replace references to General Electric
Company in the licenses with references forth in 10 CFR 2.309. Untimely
$100,000.
to GE-Hitachi Nuclear Energy Americas, requests and petitions may be denied, as
By the National Credit Union provided in 10 CFR 2.309(c)(1), unless
Administration Board on March 22, 2007. LLC, to reflect the proposed transfer.
Pursuant to 10 CFR 50.80, no license, good cause for failure to file on time is
Mary Rupp, established. In addition, an untimely
Secretary of the Board.
or any right thereunder, shall be
request or petition should address the
transferred, directly or indirectly,
[FR Doc. E7–5661 Filed 3–27–07; 8:45 am] factors that the Commission will also
through transfer of control of the
BILLING CODE 7535–01–P consider, in reviewing untimely
license, unless the Commission shall
requests or petitions, set forth in 10 CFR
give its consent in writing. The
2.309(c)(1)(i)–(viii).
Commission will approve an Requests for a hearing and petitions
NUCLEAR REGULATORY application for the direct transfer of a
COMMISSION for leave to intervene should be served
license, if the Commission determines upon Mr. Donald J. Silverman, Morgan
Notice of Consideration of Approval of that the proposed transferee is qualified Lewis & Bockius, LLP, 1111
Transfer of Facility Licenses and to hold the license and that the transfer Pennsylvania Avenue, NW.,
Conforming Amendments, and is otherwise consistent with applicable Washington, DC 20004 (tel: 202–739–
Opportunity for a Hearing provisions of law, regulations, and 5502; fax: 202–739–3001; e-mail:
orders issued by the Commission dsilverman@morganlewis.com); the
General Electric Company; Vallecitos pursuant thereto. General Counsel, U.S. Nuclear
Boiling Water Reactor (Docket No. 50– Before issuance of the proposed Regulatory Commission, Washington,
18); General Electric Test Reactor conforming license amendments, the DC 20555–0001 (e-mail address for
(Docket No. 50–70); Nuclear Test Commission will have made findings filings regarding license transfer cases
Reactor (Docket No. 50–73); Esada required by the Atomic Energy Act of only: OGCLT@NRC.gov); and the
Vallecitos Experimental Superheat 1954, as amended (the Act), and the Secretary of the Commission, U.S.
Reactor (Docket No. 50–183) Commission’s regulations. Nuclear Regulatory Commission,
The U.S. Nuclear Regulatory As provided in 10 CFR 2.1315, unless Washington, DC 20555–0001, Attention:
Commission (the Commission) is otherwise determined by the Rulemakings and Adjudications Staff, in
considering the issuance of an order Commission with regard to a specific accordance with 10 CFR 2.302 and
under 10 CFR 50.80 approving the application, the Commission has 2.305.
direct transfer of the Facility Licenses, determined that any amendment to the The Commission will issue a notice or
which are numbered DPR–1 for the license of a utilization facility which order granting or denying a hearing
Vallecitos Boiling Water Reactor does no more than conform the license request or intervention petition,
(VBWR), TR–1 for the General Electric to reflect the transfer action involves no designating the issues for any hearing
Test Reactor (GETR), R–33 for the significant hazards consideration. No that will be held and designating the
Nuclear Test Reactor (NTR), and DR–10 contrary determination has been made Presiding Officer. A notice granting a
for the ESADA Vallecitos Experimental with respect to this specific license hearing will be published in the Federal
Superheat Reactor (EVESR) currently amendment application. In light of the Register and served on the parties to the
held by General Electric Company, as generic determination reflected in 10 hearing.
owner and licensed operator. The CFR 2.1315, no public comments with As an alternative to requests for
transfer would be to GE-Hitachi Nuclear respect to significant hazards hearing and petitions to intervene,
Energy Americas, LLC. The Commission considerations are being solicited, within 30 days from the date of
sroberts on PROD1PC70 with NOTICES

is also considering amending the notwithstanding the general comment publication of this notice, persons may
licenses for administrative purposes to procedures contained in 10 CFR 50.91. submit written comments regarding the
reflect the proposed transfer. The filing of requests for hearing and license transfer application, as provided
According to an application for petitions for leave to intervene, and for in 10 CFR 2.1305. The Commission
approval filed by General Electric written comments with regard to the will consider and, if appropriate,

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14622 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Notices

respond to these comments, but such on the Licensee’s site in St. Lucie whether he can be relied upon to
comments will not otherwise constitute County, Florida. comply with NRC requirements with
part of the decisional record. Comments honesty and integrity. Consequently, I
II
should be submitted to the Secretary, lack the requisite reasonable assurance
U.S. Nuclear Regulatory Commission, In 2006, Florida law enforcement that licensed activities can be conducted
Washington, DC 20555–0001, Attention: officials conducted a criminal in compliance with the Commission’s
Rulemakings and Adjudications Staff, investigation into the theft of a weapon requirements and that the health and
and should cite the publication date and and thermal imaging scope from the safety of the public will be protected if
page number of this Federal Register Licensee’s facility. As a result of the Mr. James Francis Mattocks were
notice. investigation, the State of Florida permitted at this time to be involved in
For further details with respect to this concluded that in December 2005, Mr. NRC licensed activities. Therefore, the
action, see the application dated January Mattocks, while employed as a contract public health, safety and interest require
19, 2007, available for public inspection security officer, deliberately removed a that Mr. James Francis Mattocks be
at the Commission’s Public Document Bushmaster .223 Caliber M4/A3 assault prohibited from any involvement in
Room (PDR), located at One White Flint rifle and thermal imaging scope from NRC-licensed activities for a period of
North, Public File Area O1 F21, 11555 the Licensee’s facility without five years from the date of this Order.
Rockville Pike (first floor), Rockville, authorization. On December 20, 2006, Additionally, Mr. James Francis
Maryland. Publicly available records Mr. Mattocks entered a plea of guilty to Mattocks is required to notify the NRC
will be accessible electronically from the charge of Grand Theft—Firearm in of his first employment in NRC-licensed
the Agency wide Documents Access and the Circuit Court for St. Lucie County activities for a period of three years
Management System’s (ADAMS) Public and was adjudged guilty of the charge following expiration of the prohibition
Electronic Reading Room on the Internet upon the Court’s acceptance of his plea. period. Furthermore, pursuant to 10
at the NRC Web site, http:// Mr. Mattocks was sentenced to 14 CFR 2.202, I find that the significance of
www.nrc.gov/reading-rm/adams.html. months of incarceration to be followed Mr. James Francis Mattocks’ conduct
Persons who do not have access to by 2 years probation. described above is such that the public
ADAMS or who encounter problems in License Nos. DPR–67 and NPF–16, health, safety and interest require that
accessing the documents located in Section 3.F, Physical Protection, require this Order be immediately effective.
ADAMS should contact the NRC PDR the Licensee to fully implement and
maintain in effect all provisions of the IV
Reference staff by telephone at 1–800–
397–4209, or 301–415–4737 or by e-mail Commission-approved physical Accordingly, pursuant to sections
security, training and qualification, and 103, 104b, 161b, 161i, 182 and 186 of
to pdr@nrc.gov.
safeguards contingency plans including the Atomic Energy Act of 1954, as
Dated at Rockville, Maryland this 21st day amendments. The Licensee’s Physical amended, and the Commission’s
of March 2007. Security Plan (PSP), Section 15.6, regulations in 10 CFR 2.202, 10 CFR
For the Nuclear Regulatory Commission. establishes the requirement that the 50.5, and 10 CFR 150.20, It is hereby
Marvin M. Mendonca, Licensee maintain a firearms program to ordered, effective immediately, that:
Senior Project Manager, Research and Test ensure firearms function properly. The 1. Mr. James Francis Mattocks is
Reactors Branch B, Division of Policy and PSP states, in part, that the program is prohibited from engaging in NRC-
Rulemaking, Office of Nuclear Reactor described in facility procedures and licensed activities for a period of five
Regulation. includes provisions to account for years from the date of this Order. NRC-
[FR Doc. E7–5641 Filed 3–27–07; 8:45 am] Licensee firearms. Licensee licensed activities are those activities
BILLING CODE 7590–01–P implementing procedure, SEC–AD– that are conducted pursuant to a
1003, Section 5.1.2 states, in part, that specific or general license issued by the
for any weapon that is taken from the NRC, including, but not limited to,
NUCLEAR REGULATORY station’s inventory for disposal or sale, those activities of Agreement State
COMMISSION the station will document the weapon licensees conducted pursuant to the
[IA–07–008] by make, model, name of institution or authority granted by 10 CFR 150.20.
individual the weapon’s accountability 2. If Mr. James Francis Mattocks is
In the Matter of James Francis was transferred to, signature of the currently involved in licensed activities
Mattocks; Order Prohibiting Security Manager/designee releasing on behalf of an NRC licensee, he must
Involvement in NRC-Licensed ownership of the weapon, and the date immediately cease those activities,
Activities (Immediately Effective) the weapon was released from the inform the NRC of the name, address
station’s inventory. In this case, Mr. and telephone number of the licensee
I employer, and provide a copy of this
Mattocks removed the weapon and
Mr. James Francis Mattocks was scope from station inventory without order to the licensee employer.
employed as a contract security officer any authorization or approvals. 3. For a period of three years after the
at Florida Power and Light Company’s five year period of prohibition has
St. Lucie Nuclear Plant (Licensee) from III expired, Mr. James Francis Mattocks
approximately September 6, 2005, to Based on the above, Mr. James Francis shall, within 20 days of acceptance of an
January 7, 2006. Licensee holds license Mattocks, a former employee of the offer of employment involving his
Nos. DPR–67 and NPF–16, issued by the Licensee, has engaged in deliberate performance of NRC-licensed activities
U.S. Nuclear Regulatory Commission misconduct that has caused the or his becoming involved in NRC-
(NRC or Commission) pursuant to 10 Licensee to be in violation of 10 CFR licensed activities, as defined in
CFR Part 50 on March 1, 1976 (Unit 1), 50.5. NRC must be able to rely on the Paragraph IV.1 above, provide notice to
sroberts on PROD1PC70 with NOTICES

and June 10, 1983 (Unit 2). The license Licensee and its employees to comply the Director, Office of Enforcement (OE),
authorizes the operation of the St. Lucie with NRC requirements with honesty U.S. Nuclear Regulatory Commission,
Nuclear Plant, Units 1 and 2, in and integrity. Mr. Mattocks’ actions in Washington, DC 20555–0001, of the
accordance with the conditions this case caused the Licensee to violate name, address, and telephone number of
specified therein. The facility is located its PSP and raise serious doubt as to the employer or the entity on whose

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