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37126 Federal Register / Vol. 70, No.

123 / Tuesday, June 28, 2005 / Notices

NUCLEAR REGULATORY zirconium (∼99 percent) and niobium Alternative Use of Resources: The
COMMISSION (∼1 percent) that has demonstrated action does not involve the use of any
superior corrosion resistance and different resources other than those
[Docket No. 50–313]
reduced irradiation-induced growth previously considered in the Final
Entergy Operations, Inc.; Arkansas relative to both standard and low-tin Environmental Statement related to the
Nuclear One, Unit 1; Environmental zircaloy. However, since the chemical operation of ANO–1, dated February
Assessment and Finding of No composition of the M5 advanced alloy 1973, and the Final Supplemental
Significant Impact differs from the specifications of either Environmental Impact Statement
zircaloy or ZIRLO, use of the M5 regarding ANO–1 (NUREG–1437,
The U.S. Nuclear Regulatory advanced alloy falls outside of the strict Supplement 3), dated April 2001.
Commission (NRC) is considering interpretation of these regulations. Agencies and Persons Consulted: In
issuance of an exemption from title 10 Therefore, approval of this exemption accordance with its stated policy, on
of the Code of Federal Regulations (10 request is needed to permit the use of May 26, 2005, the staff consulted with
CFR) 50.46 and 10 CFR part 50, the M5 advanced alloy as a fuel rod the Arkansas State official, Dave
Appendix K for Renewed Facility cladding material at ANO–1. Baldwin of the Arkansas Department of
Operating License No. DPR–51, issued Environmental Impacts of the Proposed Health, regarding the environmental
to Entergy Operations, Inc. (licensee), Action: The NRC staff has completed its impact of the proposed action. The State
for operation of the Arkansas Nuclear safety evaluation of the proposed action official had no comments.
One, Unit 1 (ANO–1), located in Pope and concludes that use of M5 clad fuel
County, Arkansas. Therefore, as will not result in changes in the Finding of No Significant Impact
required by 10 CFR 51.21, the NRC is operations or configuration of the On the basis of the environmental
issuing this environmental assessment facility. There will be no change in the assessment, the NRC concludes that the
and a finding of no significant impact. level of controls or methodology used proposed action will not have a
Environmental Assessment for processing radioactive effluents or significant effect on the quality of the
handling solid radioactive waste. The human environment. Accordingly, the
Identification of the Proposed Action: NRC staff has also determined that the NRC has determined not to prepare an
The proposed action would provide an M5 fuel cladding will perform similarly environmental impact statement for the
exemption from the requirements of: (1) to the current resident fuel. proposed action.
10 CFR 50.46, ‘‘Acceptance criteria for The details of the staff’s safety For further details with respect to the
emergency core cooling systems for evaluation will be provided in the proposed action, see the licensee’s letter
light-water nuclear power reactors,’’ exemption that will be issued as part of dated September 30, 2004. Documents
which requires that the calculated the letter to the licensee approving the may be examined, and/or copied for a
emergency core cooling system (ECCS) exemption to the regulations. fee, at the NRC’s Public Document
performance for reactors with zircaloy The proposed action will not Room (PDR), located at One White Flint
or ZIRLO fuel cladding meet certain significantly increase the probability or North, 11555 Rockville Pike (first floor),
criteria, and (2) 10 CFR part 50, consequences of accidents. No changes Rockville, Maryland. Publicly available
Appendix K, ‘‘ECCS Evaluation are being made in the types of effluents records will be accessible electronically
Models,’’ which presumes the use of that may be released off site. There is no from the Agencywide Documents
zircaloy or ZIRLO fuel cladding when significant increase in the amount of Access and Management System
doing calculations for energy release, any effluent released off site. There is no (ADAMS) Public Electronic Reading
cladding oxidation, and hydrogen significant increase in occupational or Room on the Internet at the NRC Web
generation after a postulated loss-of- public radiation exposure. Therefore, site, http://www.nrc.gov/reading-rm/
coolant accident. there are no significant radiological adams.html. Persons who do not have
The proposed action would allow the environmental impacts associated with access to ADAMS or who encounter
licensee to use the M5 advanced alloy the proposed action. problems in accessing the documents
in lieu of zircaloy or ZIRLO, the With regard to potential non- located in ADAMS should contact the
materials assumed to be used in the radiological impacts, the proposed NRC PDR Reference staff by telephone
cited regulations, for fuel rod cladding action does not have a potential to affect at 1–800–397–4209 or 301–415–4737, or
in fuel assemblies at ANO–1. any historic sites. It does not affect non- send an e-mail to pdr@nrc.gov.
The proposed action is in accordance radiological plant effluents and has no
with the licensee’s application dated Dated in Rockville, Maryland, this 22nd
other environmental impact. Therefore,
day of June 2005.
September 30, 2004. The Need for the there are no significant non-radiological
Proposed Action: The Commission’s For the Nuclear Regulatory Commission.
environmental impacts associated with
regulations in 10 CFR 50.46 and 10 CFR the proposed action. Thomas W. Alexion,
part 50, Appendix K require the Accordingly, the NRC concludes that Project Manager, Section 1, Project
demonstration of adequate ECCS there are no significant environmental Directorate IV, Division of Licensing Project
performance for light-water reactors that impacts associated with the proposed Management, Office of Nuclear Reactor
Regulation.
contain fuel consisting of uranium oxide action.
pellets enclosed in zircaloy or ZIRLO Environmental Impacts of the [FR Doc. E5–3339 Filed 6–27–05; 8:45 am]
tubes. Each of these regulations, either Alternatives to the Proposed Action: As BILLING CODE 7590–01–P

implicitly or explicitly, assumes that an alternative to the proposed action,


either zircaloy or ZIRLO is used as the the staff considered denial of the
fuel rod cladding material. proposed action (i.e., the ‘‘no-action’’ NUCLEAR REGULATORY
In order to accommodate the high fuel alternative). Denial of the application COMMISSION
rod burnups that are required for would result in no change in current
Application for a License To Export
modern fuel management and core environmental impacts. The
High-Enriched Uranium
designs, Framatome developed the M5 environmental impacts of the proposed
advanced fuel rod cladding material. M5 action and the alternative action are Pursuant to 10 CFR 110.70(b)(2)
is an alloy comprised primarily of similar. ‘‘Public notice of receipt of an

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Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices 37127

application,’’ please take notice that the SECURITIES AND EXCHANGE respect to the Security by filing a Form
Nuclear Regulatory Commission has COMMISSION 15 with the Commission. In addition,
received the following request for an the Issuer has no other securities
export license. Copies of the request can Issuer Delisting; Notice of Application outstanding that require it to maintain a
be accessed through the Public of CSX Transportation, Inc. To listing for its Security on the NYSE or
Electronic Reading Room (PERR) link Withdraw Its Monon Railroad 6 Percent to continue to files reports with the
http://www.nrc.gov/reading-rm/ Income Debentures (Due January 1, Commission. Fourth, the Issuer is not
2007), From Listing and Registration obligated to list the Security, pursuant
adams.html at the NRC Homepage.
on the New York Stock Exchange, Inc. to the terms of the indenture under
A request for a hearing or petition for File No. 1–03359 which the Security was issued, or to
leave to intervene may be filed within maintain a listing for the Security on
30 days after publication of this notice June 21, 2005.
On June 6, 2005, CSX Transportation, NYSE or on any other exchange. Fifth,
in the Federal Register. Any request for delisting of the Security will not have a
hearing or petition for leave to intervene Inc., a Virginia corporation (‘‘Issuer’’),
filed an application with the Securities material impact on the holders of the
shall be served by the requestor or Security. The Issuer believes that, in
petitioner upon the applicant, the Office and Exchange Commission
(‘‘Commission’’), pursuant to Section light of the limited number of holders
of the General Counsel, U.S. Nuclear and low trading volume, a withdrawal
12(d) of the Securities Exchange Act of
Regulatory Commission, Washington, of the Security from listing on NYSE
1934 (‘‘Act’’) 1 and Rule 12d2–2(d)
DC 20555; the Secretary, U.S. Nuclear will not have a material impact on the
thereunder,2 to withdraw its Monon
Regulatory Commission, Washington, Railroad 6% income debentures (due holders of the Security.
DC 20555; and the Executive Secretary, The Issuer stated in its application
January 1, 2007) (‘‘Security’’), from
U.S. Department of State, Washington, that it has complied with NYSE’s rules
listing and registration on the New York
DC 20520. governing an issuer’s voluntary
Stock Exchange, Inc. (‘‘NYSE’’).
The Board of Directors (‘‘Board’’) of withdrawal of a security from listing
In its review of the application for a
the Issuer approved resolutions on May and registration by providing NYSE
license to export special nuclear with the required documents governing
material as defined in 10 CFR part 110 17, 2005, to withdraw the Security from
listing and registration on the NYSE. the removal of securities from listing
and noticed herein, the Commission and registration on NYSE.
does not evaluate the health, safety or The Board stated the following reasons
The Issuer’s application relates solely
environmental effects in the recipient factored into its decision to withdraw
to the withdrawal of the Securities from
nation of the material to be exported. the Security from the NYSE. First, there
listing on the NYSE and from
The information concerning the are only a limited number of security
registration under Section 12(b) of the
application follows. holders of the Security. As of April 7,
Act,3 and shall not affect its obligation
2005, at least $2,900,000 of the
NRC Export License Application for High- to be registered under Section 12(g) of
approximately $3,100,000 principal
Enriched Uranium the Act.4
amount outstanding was held by 70 Any interested person may, on or
Name of Applicant registered holders. The Issuer believes before July 15, 2005, comment on the
Date of Application—Date Received there are fewer than 300 holders of facts bearing upon whether the
Application Number record of the Security. Second, the application has been made in
Docket Number Security trades infrequently on NYSE accordance with the rules of NYSE, and
Material Type and the Issuer does not anticipate that what terms, if any, should be imposed
End Use such trading might increase appreciably. by the Commission for the protection of
Country of Destination Based on information provided by investors. All comment letters may be
DOE/NNSA—Y12, June 1, 2005 NYSE, the Security traded in only 5 of submitted by either of the following
High-Enriched Uranium the last 12 months (for the period methods:
ending May 31, 2005), representing a
The material would be transferred initially
total of 288 trades. Third, the Issuer will Electronic Comments
to CERCA, in France, where it would be
realize cost and expense savings by • Use the Commission’s Internet
fabricated into fuel. This fuel would then be
withdrawing listing of the Security from comment form (http://www.sec.gov/
transferred to Studiecentrum voor Kernergie
NYSE and suspend its reporting rules/delist.shtml); or
(SCK) for ultimate use at BR–2 research
reactor located in Mol, Belgium from 2008–
requirements with the Commission. The • Send an e-mail to rule-
2011.
Company is required to file Annual comments@sec.gov. Please include the
Belgium Reports on Form 10–K, Quarterly File Number 1–03359 or
June 2, 2005 Reports on Form 10–Q, and Current
Reports on Form 8–K with the Paper Comments
XSNM03404
11005562 Commission. In light of the relatively • Send paper comments in triplicate
small number of holders and the to Jonathan G. Katz, Secretary,
Dated this 21st day of June 2005 at infrequent trading of the Security, the Securities and Exchange Commission,
Rockville, Maryland. Issuer wishes to eliminate the costs 100 F Street, NE., Washington, DC
For the Nuclear Regulatory Commission. associated with continued listing and 20549–9303.
Margaret M. Doane, the reporting obligations with respect to All submissions should refer to File
Deputy Director, Office of International the Security, including administrative Number 1–03359. This file number
Programs. and personnel costs, auditor fees and should be included on the subject line
[FR Doc. E5–3342 Filed 6–27–05; 8:45 am] legal fees. Under Rule 12h–3(b)(1)(i) of if e-mail is used. To help us process and
the Act, the Company is permitted to review your comments more efficiently,
BILLING CODE 7590–01–P
suspend its reporting obligations with please use only one method. The
1 15 U.S.C. 78l(d). 3 15 U.S.C. 78l(b).
2 17 CFR 240.12d2–2(d). 4 15 U.S.C. 78l(g).

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