University of Missouri-Columbia Facility Operating License No. R-103, 29393-29398 [2013-11992]
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Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Notices
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 pdr.resource@nrc.gov. The draft
RIS is available in ADAMS under
Accession No. ML12248A065.
• 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.
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B. Submitting Comments
Please include Docket ID NRC–2013–
0098 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Background
The RIS discusses, and clarifies, the
NRC’s technical position on existing
regulatory requirements for the quality
and reliability of basic components with
embedded digital devices. Further, the
purpose is to also raise awareness that
there may be potential safety issues
from a postulated common cause failure
(CCF) if an undetected software error
should occur in embedded digital
devices located in multiple trains of
redundant safety equipment in nuclear
facilities.
The NRC plans to hold a public
meeting to discuss this RIS and the
issues associated with embedded digital
devices. All comments that are to
receive consideration in the final RIS
must still be submitted electronically or
in writing as indicated below.
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Additional details regarding the meeting
will be posted at least 10 days prior to
the public meeting on NRC’s Public
Meeting Schedule Web site at https://
www.nrc.gov/public-involve/publicmeetings/index.cfm.
The NRC issues RISs to communicate
with stakeholders on a broad range of
matters. This may include
communicating staff technical positions
on matters that have not been
communicated to, or, are not broadly
understood by the nuclear industry.
Proposed Action
The NRC is requesting public
comments on the draft RIS. The NRC
plans to hold a public meeting in the
near future to discuss Draft Regulatory
Issue Summary (RIS) 2013–XX,
‘‘Embedded Digital Devices in SafetyRelated Systems, Systems Important to
Safety, and Items Relied on For Safety,’’
and to obtain feedback from members of
the public. The meeting agenda will be
posted at least 10 days prior to the
public on the NRC’s Public Meeting
Schedule Web site at https://
www.nrc.gov/public-involve/publicmeetings/index.cfm. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been cancelled or
rescheduled, and the time allotted for
public comments can be obtained from
the Public Meeting Schedule Web site.
Dated at Rockville, Maryland, this 8th day
of May 2013.
For the Nuclear Regulatory Commission,
Ian C. Jung,
Chief, Instrumentation, Controls and
Electronics Engineering Branch 2 Division of
Engineering, Office of New Reactor.
[FR Doc. 2013–11935 Filed 5–17–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–186; NRC–2013–0090]
University of Missouri—Columbia
Facility Operating License No. R–103
Nuclear Regulatory
Commission.
ACTION: License renewal application;
docketing; opportunity to comment;
opportunity to request a hearing and
petition for leave to intervene; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of Facility
Operating License No. R–103
(‘‘Application’’), which currently
authorizes the Curators of the University
of Missouri—Columbia (the licensee) to
operate the Missouri University
SUMMARY:
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29393
Research Reactor (MURR) at a maximum
steady-state thermal power of 10
megawatts (MW). The renewed license
would authorize the licensee to operate
the MURR up to a steady-state thermal
power of 10 MW for an additional 20
years from the date of issuance.
DATES: Submit comments by June 19,
2013. Requests for a hearing or leave to
intervene must be filed by July 19, 2013.
Any potential party as defined in
Section 2.4 of Title 10 of the Code of
Federal Regulations (10 CFR), who
believes access to Sensitive Unclassified
Non-Safeguards Information (SUNSI) is
necessary to respond to this notice must
request document access by May 30,
2013.
You may submit comment
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0090. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at 301–
492–3446.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Geoffrey Wertz, Project Manager, Office
of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–0893; email:
geoffrey.wertz@nrc.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2013–
0090 when contacting the NRC about
the availability of information regarding
this document. You may access
information related to this document,
which the NRC possesses and is
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publicly-available, by the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0090.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/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 pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced. In addition,
for the convenience of the reader, the
ADAMS accession numbers for
documents that pertain to the MURR
license renewal are provided in a table
in Section II, Availability of Documents,
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.
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B. Submitting Comments
Please include Docket ID NRC–2013–
0090 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
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II. Availability of Documents
The following documents pertain to
the MURR License Renewal: August 31,
2006, (ML062540114, ML092110597,
ML092110573, ML062540121);
September 14, 2009, (ML092590298);
January 15, 2010, (ML100220371);
January 29, 2010, (ML100330073); July
16, 2010, (ML12354A237); August 31,
2010, (ML120050315); September 3,
2010, (ML102500533); September 30,
2010, (ML12355A019); October 29,
2010, (ML103060018, ML12355A023);
November 30, 2010, (ML12355A026);
March 11, 2011, (ML110740249);
September 8, 2011, (ML11255A003);
January 6, 2012, (ML12010A186); June
28, 2012, (ML12346A004); January 4,
2013, (ML13007A425); and March 12,
2013, (ML13079A214).
III. Introduction
The NRC is considering an
application for the renewal of Facility
Operating License No. R–103, which,
currently authorizes the licensee to
operate the MURR at a maximum
steady-state thermal power of 10 MW.
The renewed license would authorize
the licensee to operate the MURR up to
a steady-state thermal power of 10 MW
for an additional 20 years from the date
of issuance.
By letter dated August 31, 2006, as
supplemented by letters dated
September 14, 2009; January 15, January
29, July 16, August 31, September 3,
September 30, October 29 (two letters),
November 30, 2010; March 11, and
September 8, 2011; January 6, and June
28, 2012; and January 4 and March 12,
2013; the NRC received an application
from the licensee filed pursuant to 10
CFR 50.51(a) to renew Facility
Operating License No. R–103 for the
MURR.
The application contains SUNSI.
Based on its initial review of the
application, the NRC staff determined
that the licensee submitted sufficient
information in accordance with 10 CFR
50.33 and 10 CFR 50.34 so that the
application is acceptable for docketing.
The current Docket No. 50–186 for
Facility Operating License No. R–103
will be retained. The docketing of the
renewal application does not preclude
requests for additional information as
the review proceeds, nor does it predict
whether the Commission will grant or
deny the application. Prior to a decision
to renew the license, the Commission
will make findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations.
Detailed guidance which the NRC
uses to review applications for the
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renewal of non-power reactor licenses
can be found in NUREG–1537,
‘‘Guidelines for Preparing and
Reviewing Applications for the
Licensing of Non-Power Reactors.’’ The
detailed review guidance (NUREG–
1537) may be accessed online in the
NRC Library at https://www.nrc.gov/
reading-rm/adams.html under ADAMS
Accession No. ML042430055 for Part 1
of NUREG–1537 and ADAMS Accession
No. ML042430048 for Part 2 of NUREG–
1537.
IV. Opportunity To Request a Hearing
and Petitions for Leave To Intervene
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, petitions to intervene,
requirements for standing, and
contentions.’’ Interested persons should
consult 10 CFR 2.309, which is available
at the NRC’s Public Document Room
(PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike,
Rockville, MD 20852 (or call the PDR at
1–800–397–4209 or 301–415–4737. The
NRC’s regulations are also accessible
electronically from the NRC Library on
the NRC Web site at https://www.nrc.gov/
reading-rm/doc-collections/cfr/.
Any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written petition
for leave to intervene. 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
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings that the NRC
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must make to support the granting of a
license renewal in response to the
application. The petition must also
include a concise statement of the
alleged facts or expert opinions that
support the position of the petitioner
and on which the petitioner intends to
rely at hearing, together with references
to the specific sources and documents
on which the petitioner intends to rely.
Finally, the petition must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact, including references to specific
portions of the application for license
renewal that the petitioner disputes and
the supporting reasons for each dispute,
or, if the petitioner believes that the
application for license renewal fails to
contain information on a relevant matter
as required by law, the identification of
each failure and the supporting reasons
for the petitioner’s belief. Each
contention must be one that, if proven,
would entitle the petitioner to relief.
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 and to submit a crossexamination plan for cross-examination
of witnesses, consistent with the NRC’s
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.
Requests for hearing, petitions for
leave 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 the following three factors
in 10 CFR 2.309(c)(1): (i) The
information upon which the filing is
based was not previously available; (ii)
the information upon which the filing is
based is materially different from
information previously available; and
(iii) the filing has been submitted in a
timely fashion based on the availability
of the subsequent information.
A State, county, municipality,
Federally-recognized Indian tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
party under 10 CFR 2.309(d)(2). 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 July 19,
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2013. The petition must be filed in
accordance with the filing instructions
in Section V of this document, and
should meet the requirements for
petitions for leave to intervene set forth
in this section, except that State, local
governmental bodies, and Federallyrecognized Indian tribes do not need to
address the standing requirements in 10
CFR 2.309(d)(1) if the facility is located
within its boundaries. The entities listed
above could also seek to participate in
a hearing as a nonparty pursuant to 10
CFR 2.315(c).
If a hearing is granted, any person
who does not wish to become a party to
the proceeding may, in the discretion of
the presiding officer, be permitted to
make a limited appearance under 10
CFR 2.315(a), by making an oral or
written statement of his or her position
on the issues at any session of the
hearing or at any pre-hearing
conference, within the limits and
conditions fixed by the presiding
officer. However, that person may not
otherwise participate in the proceeding.
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 such
limits and conditions as may be
imposed by the Atomic Safety and
Licensing Board. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by July 19, 2013.
V. 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 E-Filing rule
(72 FR 49139; August 28, 2007). The EFiling 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 ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at hearing.
docket@nrc.gov, or by telephone at 301–
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415–1677, to (1) request 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 NRCissued 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 https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://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 Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://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 the NRC
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/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-
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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 agency’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 Web site at https://
www.nrc.gov/site-help/
e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree 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,
Maryland, 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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the 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.
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Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
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. 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.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing SUNSI.
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request such access. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
submitted later than 10 days after
publication of this notice will not be
considered absent a showing of good
cause for the late filing, addressing why
the request could not have been filed
earlier.
C. The requester shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The email address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@nrc.gov, respectively.1
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
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The request must include the following
information:
1. A description of the licensing
action with a citation to this Federal
Register notice;
2. The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); and
3. The identity of the individual or
entity requesting access to SUNSI and
the requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention.
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the date the petitioner is
granted access to the information and
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Notices
the deadline for filing all other
contentions (as established in the notice
of hearing or opportunity for hearing),
the petitioner may file its SUNSI
contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff after a
determination on standing and need for
access, the NRC staff shall immediately
notify the requestor in writing, briefly
stating the reason or reasons for the
denial.
(2) The requester may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) officer if that officer has
been designated to rule on information
access issues.
H. Review of Grants of Access. A
party other than the requester may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
29397
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 14th day
of May 2013.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/activity
0 ........................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows need 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 finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester 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.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(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 Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: issuance of presiding officer or other designated officer decision 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.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. 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 hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
A + 28 ...............
mstockstill on DSK4VPTVN1PROD with NOTICES
A + 53 ...............
A + 60 ...............
>A + 60 .............
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
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19:09 May 17, 2013
Jkt 229001
staff determinations (because they must be served
on a presiding officer or the Commission, as
PO 00000
Frm 00080
Fmt 4703
Sfmt 9990
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\20MYN1.SGM
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29398
Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Notices
[FR Doc. 2013–11992 Filed 5–17–13; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
mstockstill on DSK4VPTVN1PROD with NOTICES
Extension:
Rule 477. OMB Control No. 3235–0550,
SEC File No. 270–493.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 477 (17 CFR 230.477) under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) sets forth procedures for
withdrawing a registration statement,
including any amendments or exhibits
to the registration statement. The rule
provides that if an issuer intends to rely
on the safe harbor contained in
Securities Act Rule 155 to conduct an
unregistered private offering of
securities, the issuer must affirmatively
state in the withdrawal application that
it plans to undertake a subsequent
private offering of its securities. Without
this statement, the Commission would
not be able to monitor a company’s
reliance on, and compliance with,
Securities Act Rule 155(c). We estimate
that approximately 300 issuers will file
Securities Act Rule 477 submissions
annually at an estimated one hour per
response for a total annual burden of
approximately 300 hours.
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
VerDate Mar<15>2010
19:09 May 17, 2013
Jkt 229001
to comments and suggestions submitted
in writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Please direct your written comments
to Thomas Bayer, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way,
Alexandria, VA 22312; or send an email
to: PRA_Mailbox@sec.gov.
Dated: May 14, 2013.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–11894 Filed 5–17–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 155. OMB Control No. 3235–0549,
SEC File No. 270–492.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 155 (17 CFR 230.155) under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) provides safe harbors for a
registered offering of securities
following an abandoned private
offering, or a private offering following
an abandoned registered offering,
without integrating the registered and
private offerings in either case. In
connection with a registered offering
following an abandoned private
offering, Rule 155 requires an issuer to
include in any prospectus filed as a part
of a registration statement disclosure
regarding the abandoned the private
offering. Similarly, the rule requires an
issuer to provide each offeree in a
private offering following an abandoned
registered offering with: (1) Information
concerning the withdrawal of the
registration statement; (2) the fact that
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
the private offering is unregistered; and
(3) the legal implications of the
offering’s unregistered status. We
estimate Rule 155 takes approximately 4
hours per response to prepare and is
filed by 600 respondents annually. We
estimate that 50% of the 4 hours per
response (2 hours per response) is
prepared by the filer for a total annual
reporting burden of 1,200 hours (2 hours
per response × 600 responses).
Written comments are invited on: (a)
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden imposed by the collection
of information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid
control number.
Please direct your written comments
to Thomas Bayer, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 6432 General Green Way,
Alexandria, VA 22312; or send an email
to: PRA_Mailbox@sec.gov.
Dated: May 14, 2013.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–11893 Filed 5–17–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Form N–SAR. OMB Control No. 3235–
0330, SEC File No. 270–292.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Pages 29393-29398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11992]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-186; NRC-2013-0090]
University of Missouri--Columbia Facility Operating License No.
R-103
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; docketing; opportunity to comment;
opportunity to request a hearing and petition for leave to intervene;
order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of Facility Operating License No. R-103
(``Application''), which currently authorizes the Curators of the
University of Missouri--Columbia (the licensee) to operate the Missouri
University Research Reactor (MURR) at a maximum steady-state thermal
power of 10 megawatts (MW). The renewed license would authorize the
licensee to operate the MURR up to a steady-state thermal power of 10
MW for an additional 20 years from the date of issuance.
DATES: Submit comments by June 19, 2013. Requests for a hearing or
leave to intervene must be filed by July 19, 2013. Any potential party
as defined in Section 2.4 of Title 10 of the Code of Federal
Regulations (10 CFR), who believes access to Sensitive Unclassified
Non-Safeguards Information (SUNSI) is necessary to respond to this
notice must request document access by May 30, 2013.
ADDRESSES: You may submit comment by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0090. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Geoffrey Wertz, Project Manager,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-0893; email:
geoffrey.wertz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2013-0090 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document, which the NRC possesses
and is
[[Page 29394]]
publicly-available, by the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0090.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at https://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 pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced. In addition, for the convenience of the reader, the ADAMS
accession numbers for documents that pertain to the MURR license
renewal are provided in a table in Section II, Availability of
Documents, 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.
B. Submitting Comments
Please include Docket ID NRC-2013-0090 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC posts all comment submissions at https://www.regulations.gov as well as entering the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Availability of Documents
The following documents pertain to the MURR License Renewal: August
31, 2006, (ML062540114, ML092110597, ML092110573, ML062540121);
September 14, 2009, (ML092590298); January 15, 2010, (ML100220371);
January 29, 2010, (ML100330073); July 16, 2010, (ML12354A237); August
31, 2010, (ML120050315); September 3, 2010, (ML102500533); September
30, 2010, (ML12355A019); October 29, 2010, (ML103060018, ML12355A023);
November 30, 2010, (ML12355A026); March 11, 2011, (ML110740249);
September 8, 2011, (ML11255A003); January 6, 2012, (ML12010A186); June
28, 2012, (ML12346A004); January 4, 2013, (ML13007A425); and March 12,
2013, (ML13079A214).
III. Introduction
The NRC is considering an application for the renewal of Facility
Operating License No. R-103, which, currently authorizes the licensee
to operate the MURR at a maximum steady-state thermal power of 10 MW.
The renewed license would authorize the licensee to operate the MURR up
to a steady-state thermal power of 10 MW for an additional 20 years
from the date of issuance.
By letter dated August 31, 2006, as supplemented by letters dated
September 14, 2009; January 15, January 29, July 16, August 31,
September 3, September 30, October 29 (two letters), November 30, 2010;
March 11, and September 8, 2011; January 6, and June 28, 2012; and
January 4 and March 12, 2013; the NRC received an application from the
licensee filed pursuant to 10 CFR 50.51(a) to renew Facility Operating
License No. R-103 for the MURR.
The application contains SUNSI.
Based on its initial review of the application, the NRC staff
determined that the licensee submitted sufficient information in
accordance with 10 CFR 50.33 and 10 CFR 50.34 so that the application
is acceptable for docketing. The current Docket No. 50-186 for Facility
Operating License No. R-103 will be retained. The docketing of the
renewal application does not preclude requests for additional
information as the review proceeds, nor does it predict whether the
Commission will grant or deny the application. Prior to a decision to
renew the license, the Commission will make findings required by the
Atomic Energy Act of 1954, as amended (the Act), and the Commission's
rules and regulations.
Detailed guidance which the NRC uses to review applications for the
renewal of non-power reactor licenses can be found in NUREG-1537,
``Guidelines for Preparing and Reviewing Applications for the Licensing
of Non-Power Reactors.'' The detailed review guidance (NUREG-1537) may
be accessed online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML042430055 for Part 1 of NUREG-
1537 and ADAMS Accession No. ML042430048 for Part 2 of NUREG-1537.
IV. Opportunity To Request a Hearing and Petitions for Leave To
Intervene
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to
intervene, requirements for standing, and contentions.'' Interested
persons should consult 10 CFR 2.309, which is available at the NRC's
Public Document Room (PDR), located at O1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852 (or call the PDR at 1-800-
397-4209 or 301-415-4737. The NRC's regulations are also accessible
electronically from the NRC Library on the NRC Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/.
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. 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 must provide
the name, address, and telephone number of the petitioner and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Act to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings that the NRC
[[Page 29395]]
must make to support the granting of a license renewal in response to
the application. The petition must also include a concise statement of
the alleged facts or expert opinions that support the position of the
petitioner and on which the petitioner intends to rely at hearing,
together with references to the specific sources and documents on which
the petitioner intends to rely. Finally, the petition must provide
sufficient information to show that a genuine dispute exists with the
applicant on a material issue of law or fact, including references to
specific portions of the application for license renewal that the
petitioner disputes and the supporting reasons for each dispute, or, if
the petitioner believes that the application for license renewal fails
to contain information on a relevant matter as required by law, the
identification of each failure and the supporting reasons for the
petitioner's belief. Each contention must be one that, if proven, would
entitle the petitioner to relief.
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 and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with the NRC's 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.
Requests for hearing, petitions for leave 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
the following three factors in 10 CFR 2.309(c)(1): (i) The information
upon which the filing is based was not previously available; (ii) the
information upon which the filing is based is materially different from
information previously available; and (iii) the filing has been
submitted in a timely fashion based on the availability of the
subsequent information.
A State, county, municipality, Federally-recognized Indian tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). 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 July
19, 2013. The petition must be filed in accordance with the filing
instructions in Section V of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State, local governmental bodies, and Federally-
recognized Indian tribes do not need to address the standing
requirements in 10 CFR 2.309(d)(1) if the facility is located within
its boundaries. The entities listed above could also seek to
participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish to become a
party to the proceeding may, in the discretion of the presiding
officer, be permitted to make a limited appearance under 10 CFR
2.315(a), by making an oral or written statement of his or her position
on the issues at any session of the hearing or at any pre-hearing
conference, within the limits and conditions fixed by the presiding
officer. However, that person may not otherwise participate in the
proceeding. 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 such
limits and conditions as may be imposed by the Atomic Safety and
Licensing Board. Persons desiring to make a limited appearance are
requested to inform the Secretary of the Commission by July 19, 2013.
V. 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 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
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request 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 https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://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 https://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 the NRC guidance
available on the NRC's public Web site at https://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-
[[Page 29396]]
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 agency'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 Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, 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,
Maryland, 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 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
NRC's electronic hearing docket which is available to the public at
https://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. 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.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication of this notice will not
be considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
1. A description of the licensing action with a citation to this
Federal Register notice;
2. The name and address of the potential party and a description of
the potential party's particularized interest that could be harmed by
the action identified in C.(1); and
3. The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and
[[Page 29397]]
the deadline for filing all other contentions (as established in the
notice of hearing or opportunity for hearing), the petitioner may file
its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requester may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
---------------------------------------------------------------------------
\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 14th day of May 2013.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... Nuclear Regulatory Commission (NRC) staff
informs the requester of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
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).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requester 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 Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: issuance of presiding
officer or other designated officer decision
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
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
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 hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[[Page 29398]]
[FR Doc. 2013-11992 Filed 5-17-13; 8:45 am]
BILLING CODE 7590-01-P
