URENCO USA (formerly Louisiana Energy Services, L.P.), 43099-43104 [2014-17448]
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Federal Register / Vol. 79, No. 142 / Thursday, July 24, 2014 / Notices
TABLE 1—PROPOSED LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN SGS’S NRTL SCOPE OF
RECOGNITION—Continued
Test standard
Test standard title
UL 153 ...............
Portable Electric
Luminaires.
Portable Sun/Heat Lamps.
Electric Fans.
Industrial Control Panels.
Safety of Household and
Similar Electrical Appliances, Part 1: General
Requirements.
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UL
UL
UL
UL
482 ...............
507 ...............
508A .............
60335–1 .......
III. Preliminary Findings on the
Application
SGS submitted an acceptable
application for expansion of its scope of
recognition. OSHA’s review of the
application file and pertinent
documentation indicate that SGS can
meet the requirements prescribed by 29
CFR 1910.7 for expanding its
recognition to include the addition of
the eight test standards for NRTL testing
and certification listed above. This
preliminary finding does not constitute
an interim or temporary approval of
SGS’s application.
OSHA welcomes public comment as
to whether SGS meets the requirements
of 29 CFR 1910.7 for expansion of its
recognition as an NRTL. Comments
should consist of pertinent written
documents and exhibits. Commenters
needing more time to comment must
submit a request in writing, stating the
reasons for the request. Commenters
must submit the written request for an
extension by the due date for comments.
OSHA will limit any extension to 10
days unless the requester justifies a
longer period. OSHA may deny a
request for an extension if the request is
not adequately justified. To obtain or
review copies of the publicly available
information in SGS’s application,
including pertinent documents (e.g.,
exhibits) and all submitted comments,
contact the Docket Office, Room N–
2625, Occupational Safety and Health
Administration, U.S. Department of
Labor, at the above address; these
materials also are available online at
https://www.regulations.gov under
Docket No. OSHA–2006–0040.
OSHA staff will review all comments
to the docket submitted in a timely
manner and, after addressing the issues
raised by these comments, will
recommend to the Assistant Secretary
for Occupational Safety and Health
whether to grant SGS’s application for
expansion of its scope of recognition.
The Assistant Secretary will make the
final decision on granting the
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application. In making this decision, the
Assistant Secretary may undertake other
proceedings prescribed in Appendix A
to 29 CFR 1910.7. OSHA will publish a
public notice of its final decision in the
Federal Register.
IV. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health, 200
Constitution Avenue NW., Washington,
DC 20210, authorized the preparation of
this notice. Accordingly, the Agency is
issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor’s Order No.
1–2012 (77 FR 3912, Jan. 25, 2012), and
29 CFR 1910.7.
Signed at Washington, DC, on July 21,
2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–17445 Filed 7–23–14; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL SCIENCE FOUNDATION
Sunshine Act Meetings; National
Science Board
The National Science Board’s
Committee on Strategy and Budget
(CSB), pursuant to NSF regulations (45
CFR part 614), the National Science
Foundation Act, as amended (42 U.S.C.
1862–5), and the Government in the
Sunshine Act (5 U.S.C. 552b), hereby
gives notice of the scheduling of a
teleconference for the transaction of
National Science Board business, as
follows:
& TIME: Tuesday, July 29, 2014,
1:00–2:00 p.m. EDT.
DATE
Committee Chairman’s
remarks; consideration of NSF’s FY
2016 budget proposal.
SUBJECT MATTER:
Closed.
This meeting will be held by
teleconference. Please refer to the
National Science Board Web site
www.nsf.gov/nsb for additional
information and schedule updates (time,
place, subject matter or status of
meeting) which may be found at
https://www.nsf.gov/nsb/notices/. Point
of contact for this meeting is Jacqueline
Meszaros (jmeszaro@nsf.gov).
STATUS:
Ann Bushmiller,
Senior Counsel to the National Science Board.
[FR Doc. 2014–17568 Filed 7–22–14; 4:15 pm]
BILLING CODE 7555–01–P
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43099
NATIONAL SCIENCE FOUNDATION
Sunshine Act Meetings; National
Science Board
The National Science Board’s
Committee on Strategy and Budget
(CSB), pursuant to NSF regulations (45
CFR part 614), the National Science
Foundation Act, as amended (42 U.S.C.
1862n–5), and the Government in the
Sunshine Act (5 U.S.C. 552b), hereby
gives notice of the scheduling of a
teleconference for the transaction of
National Science Board business, as
follows:
DATE AND TIME: Tuesday, July 29, 2014,
1:00–2:00 p.m. EDT.
SUBJECT MATTER: Committee Chairman’s
remarks; consideration of NSF’s FY
2016 budget proposal.
STATUS: Closed.
This meeting will be held by
teleconference. A public listening line
will be available. Members of the public
must contact the Board Office (call 703–
292–7000 or send an email message to
nationalsciencebrd@nsf.gov) at least 24
hours prior to the teleconference for the
public listening number. Please refer to
the National Science Board Web site
www.nsf.gov/nsb for additional
information and schedule updates (time,
place, subject matter or status of
meeting) which may be found at https://
www.nsf.gov/nsb/notices/. Point of
contact for this meeting is Jacqueline
Meszaros (jmeszaro@nsf.gov).
Ann Bushmiller,
Senior Counsel to the National Science Board.
[FR Doc. 2014–17503 Filed 7–22–14; 11:15 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–3103; NRC–2013–0044]
URENCO USA (formerly Louisiana
Energy Services, L.P.)
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to request a hearing and to
petition for leave to intervene; order.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has received an
application from URENCO USA for
amendment of License No. SNM–2010,
which authorizes it to operate a
uranium enrichment facility. The
license authorizes the production of
enriched uranium up to a maximum of
5.0 percent U–235, using a gas
centrifuge process. The amendment
would allow URENCO USA (UUSA or
SUMMARY:
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Federal Register / Vol. 79, No. 142 / Thursday, July 24, 2014 / Notices
the licensee) to utilize tails of
approximately 0.4 wt% U–235 as feed
material in a re-feed process; increase its
possession mass limit for natural and
depleted uranium to 251,000,000 kg;
and increase its U–235 possession mass
limit to 2,180,000 kg.
Requests for a hearing or petition
for leave to intervene must be filed by
September 22, 2014. 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
August 4, 2014.
DATES:
Please refer to Docket ID
NRC–2013–0044 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0044. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘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.
• 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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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael Raddatz, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9124; email:
Michael.Raddatz@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
A. November 2012 LAR
On November 9, 2012, UUSA
submitted a request to amend License
No. SNM–2010, under which it has
operated, since 2010, a uranium
enrichment facility located in Lea
County, New Mexico. The November
2012 LAR sought to expand the facility’s
production capacity by adding three
new separation building modules
(SBMs)—designated as SBM–1005,
SBM–1007, and SBM–1009—and
associated plant support systems such
as compressed air, centrifuge cooling
water, and electrical distribution
systems. Currently, the licensee operates
two SBMs (designated as SBM–1001
and SBM–1003) at its New Mexico
facility. The 2012 LAR stated that one
assay unit in SBM–1005 was being
designed to have the option of
efficiently using high-assay tails (of
approximately 0.4 wt percent U–235) as
feed material, instead of natural
uranium. Use of high-assay tails in this
manner involves an increase in the
number of tails stations and tails
pumps. The 2012 LAR did not seek
authorization to use high-assay tails as
one of UUSA’s enrichment processes.
The UUSA facility has a total
production capacity of approximately
3.7 million separative work units
(SWUs). The 2012 LAR requested an
increase in the total production capacity
from 3.7 million SWU to 10 million
SWU. The proposed facility expansion
also includes one additional cylinder
receipt and dispatch building to
accommodate additional cylinder
handling requirements; and an increase
in the uranium byproduct cylinder
storage pad area from 2.6 acres to 23
acres, reflecting a proposed cylinder
storage capacity increase from 15,727 to
25,000 storage cylinders using triple
stacking.
A notice of opportunity to request a
hearing on the 2012 LAR was published
in the Federal Register (78 FR 16890;
March 19, 2013). No hearing requests
were submitted.
B. May 2014 LAR
The 2014 LAR (dated May 22, 2014)
seeks authorization to use high-assay
tails as one of UUSA’s enrichment
processes within SBM–1005. If the May
2014 LAR is granted, the licensee would
be authorized to utilize high assay tails
of approximately 0.4 wt% U–235 (i.e.,
depleted natural uranium) as feed
material for the cascade in a re-feed
process. The May 22, 2014, LAR stated
that the re-feed design is accomplished
with minor internal system design
changes to the cascades, and that
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accordingly the re-feed design does not
alter ongoing SBM–1005 construction
activities. As part of its May 2014 LAR,
the licensee revised its existing
integrated safety analysis summary by
identifying two new items relied on for
safety and a new accident sequence.
This new accident sequence is the result
of assay unit 1005’s ability to efficiently
use high assay tails as feed material, and
applies only to the SBM–1005 assay
units capable of using high assay tails as
feed material. Granting the May 2014
LAR would also modify license
condition 8.a of SNM–2010 by
increasing UUSA’s possession mass
limit for natural and depleted uranium
from 136,120,000 kg to a new limit of
251,000,000 kg, and would modify
license condition 8.b by increasing
UUSA’s possession mass limit for U–
235 from 545,000 kg, to 2,180,000 kg.
The NRC is providing notice of
opportunity to request a hearing on the
May 2014 LAR.
On June 19, 2014, UUSA submitted a
redacted version of its May 2014 LAR so
it could be made publicly available. An
NRC administrative review,
documented in a letter to UUSA dated
June 25, 2014, found the May 2014 LAR
acceptable to begin a technical review.
If the NRC approves the amendment
request, the approval will be
documented in an amendment to NRC
License No. SNM–2010. However,
before approving the proposed
amendment, the NRC will need to make
the findings required by the Atomic
Energy Act of 1954, as amended (the
Act), and NRC’s regulations. The
required findings will be documented in
a Safety Evaluation Report. Regarding
the proposed action, the NRC will also
make findings consistent with the
National Environmental Policy Act and
10 CFR Part 51.
II. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any person(s)
whose interest may be affected by this
action may file a request for a hearing
and a petition to intervene with respect
to issuance of the amendment to the
subject facility operating license or
combined license. Requests for a
hearing and a petition for leave to
intervene shall be filed in accordance
with the Commission’s ‘‘Agency Rules
of Practice and Procedure’’ in 10 CFR
Part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309,
which is available at the NRC’s PDR,
located in One White Flint North, Room
O1–F21 (first floor), 11555 Rockville
Pike, Rockville, Maryland 20852. The
NRC’s regulations are accessible
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electronically from the NRC Library on
the NRC’s Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/. If a request for a hearing
or petition for leave to intervene is filed
within 60 days, the Commission or a
presiding officer designated by the
Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel will
rule on the request and/or petition. The
Secretary or the Chief Administrative
Judge of the Atomic Safety and
Licensing Board will issue a notice of
hearing or an appropriate order.
As required by 10 CFR 2.309, a
petition for leave to intervene shall set
forth, with particularity, the interest of
the petitioner in the proceeding and
how that interest may be affected by the
results of the proceeding. The petition
should specifically explain the reasons
why intervention should be permitted,
with particular reference to the
following general requirements: (1) The
name, address, and telephone number of
the requestor or petitioner; (2) the
nature of the requestor’s/petitioner’s
right under the Act to be made a party
to the proceeding; (3) the nature and
extent of the requestor’s/petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion that support the contention and
on which the requestor/petitioner
intends to rely in proving the contention
at the hearing. The requestor/petitioner
must also provide references to those
specific sources and documents of
which the petitioner is aware and on
which the requestor/petitioner intends
to rely to establish those facts or expert
opinion. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the
amendment under consideration. The
contention must be one which, if
proven, would entitle the requestor/
petitioner to relief. A requestor/
petitioner who fails to satisfy these
requirements with respect to at least one
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contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
will set the time and place for any
prehearing conferences and evidentiary
hearings, and the appropriate notices
will be provided.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice.
Requests for hearing, petitions 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 three factors in 10 CFR
2.309(c)(1)(i)–(iii).
A State, local governmental body,
federally-recognized Indian tribe, or
agency thereof, may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission by September 22, 2014.
The petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions for
leave to intervene set forth in this
section, except that under § 2.309(h)(2)
a State, local governmental body, or
Federally-recognized Indian tribe, or
agency thereof does not need to address
the standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. A State, local
governmental body, Federallyrecognized Indian tribe, or agency
thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish, or is not qualified,
to become a party to the proceeding
may, in the discretion of the presiding
officer, be permitted to make a limited
appearance pursuant to the provisions
of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or
written statement of position on the
issues, but may not otherwise
participate in the proceeding. A limited
appearance may be made at any session
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43101
of the hearing or at any prehearing
conference, subject to the limits and
conditions as may be imposed by the
presiding officer. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by September 22, 2014.
III. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC’s E-Filing rule
(72 FR 49139; August 28, 2007). The 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 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 request (1) a digital
identification ID certificate, which
allows the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an 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
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.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
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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 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/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC’s public Web site
at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the 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’s Web site at
https://www.nrc.gov/site-help/esubmittals.html, by email at
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.
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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 NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents 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
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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 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) 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.
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.
E:\FR\FM\24JYN1.SGM
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Federal Register / Vol. 79, No. 142 / Thursday, July 24, 2014 / Notices
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
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. This
provision does not extend the time for
filing a request for a hearing and
petition to intervene, which must
comply with the requirements of 10 CFR
2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff either 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, with that officer.
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
43103
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
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 18th day
July, 2014.
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).
U.S. 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.
10 ............................
60 ............................
20 ............................
25 ............................
30 ............................
40 ............................
emcdonald on DSK67QTVN1PROD with NOTICES
A ..............................
A + 3 .......................
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
VerDate Mar<15>2010
18:03 Jul 23, 2014
Jkt 232001
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\24JYN1.SGM
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Federal Register / Vol. 79, No. 142 / Thursday, July 24, 2014 / Notices
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/Activity
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.
(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.
A + 53 .....................
A + 60 .....................
>A +60 ....................
[FR Doc. 2014–17448 Filed 7–23–14; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
Agency Forms Submitted for OMB
Review, Request for Comments
In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Railroad
Retirement Board (RRB) is forwarding
three Information Collection Requests
(ICR) to the Office of Information and
Regulatory Affairs (OIRA), Office of
Management and Budget (OMB). Our
ICR describes the information we seek
to collect from the public. Review and
approval by OIRA ensures that we
impose appropriate paperwork burdens.
The RRB invites comments on the
proposed collections of information to
determine (1) the practical utility of the
collections; (2) the accuracy of the
estimated burden of the collections; (3)
ways to enhance the quality, utility, and
clarity of the information that is the
subject of collection; and (4) ways to
minimize the burden of collections on
respondents, including the use of
automated collection techniques or
other forms of information technology.
SUMMARY:
Comments to the RRB or OIRA must
contain the OMB control number of the
ICR. For proper consideration of your
comments, it is best if the RRB and
OIRA receive them within 30 days of
the publication date.
1. Title and purpose of information
collection: Statement of Authority to Act
for Employee; OMB 3220–0034.
Under Section 5(a) of the Railroad
Unemployment Insurance Act (RUIA),
claims for benefits are to be made in
accordance with such regulations as the
Railroad Retirement Board (RRB) shall
prescribe. The provisions for claiming
sickness benefits as provided by Section
2 of the RUIA are prescribed in 20 CFR
335.2. Included in these provisions is
the RRB’s acceptance of forms executed
by someone else on behalf of an
employee if the RRB is satisfied that the
employee is sick or injured to the extent
of being unable to sign forms.
The RRB utilizes Form SI–10,
Statement of Authority to Act for
Employee, to provide the means for an
individual to apply for authority to act
on behalf of an incapacitated employee
and also to obtain the information
necessary to determine that the
delegation should be made. Part I of the
form is completed by the applicant for
the authority and Part II is completed by
the employee’s doctor. One response is
requested of each respondent.
Completion is required to obtain
benefits.
Previous Requests for Comments: The
RRB has already published the initial
60-day notice (79 FR 26469 on May 8,
2014) required by 44 U.S.C. 3506(c)(2).
That request elicited no comments.
Information Collection Request (ICR)
Title: Statement of Authority to Act
for Employee.
OMB Control Number: 3220–0034.
Form(s) submitted: SI–10.
Type of request: Extension without
change of a currently approved
collection.
Affected public: Individuals or
Households.
Abstract: Under 20 CFR 335.2, the
Railroad Retirement Board (RRB)
accepts claims for sickness benefits by
other than the sick or injured
employees, provided the RRB has the
information needed to satisfy itself that
the delegation should be made.
Changes proposed: The RRB proposes
no changes to Form SI–10.
The burden estimate for the ICR is as
follows:
Annual
responses
Time
(minutes)
Burden
(hours)
SI–10 ............................................................................................................................................
emcdonald on DSK67QTVN1PROD with NOTICES
Form No.
250
6
25
2. Title and Purpose of information
collection: Statement Regarding
Contributions and Support; OMB 3220–
0099.
Under Section 2 of the Railroad
Retirement Act, dependency on an
employee for one-half support at the
time of the employee’s death can affect
(1) entitlement to a survivor annuity
when the survivor is a parent of the
deceased employee; (2) the amount of
spouse and survivor annuities; and (3)
the Tier II restored amount payable to a
widow(er) whose annuity was reduced
for receipt of an employee annuity, and
VerDate Mar<15>2010
18:03 Jul 23, 2014
Jkt 232001
who was dependent on the railroad
employee in the year prior to the
employee’s death. One-half support may
also negate the public service pension
offset in Tier I for a spouse or
widow(er). The Railroad Retirement
Board (RRB) utilizes Form G–134,
Statement Regarding Contributions and
Support, to secure information needed
to adequately determine if the applicant
meets the one-half support requirement.
One response is completed by each
respondent. Completion is required to
obtain benefits.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
Previous Requests for Comments: The
RRB has already published the initial
60-day notice (79 FR 26469 on May 8,
2014) required by 44 U.S.C. 3506(c)(2).
That request elicited no comments.
Information Collection Request (ICR)
Title: Statement Regarding
Contributions and Support.
OMB Control Number: 3220–0099.
Form(s) submitted: G–134.
Type of request: Extension without
change of a currently approved
collection.
Affected public: Individuals or
Households.
E:\FR\FM\24JYN1.SGM
24JYN1
]]>Agencies
[Federal Register Volume 79, Number 142 (Thursday, July 24, 2014)]
[Notices]
[Pages 43099-43104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17448]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-3103; NRC-2013-0044]
URENCO USA (formerly Louisiana Energy Services, L.P.)
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene; order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from URENCO USA for amendment of License No. SNM-2010,
which authorizes it to operate a uranium enrichment facility. The
license authorizes the production of enriched uranium up to a maximum
of 5.0 percent U-235, using a gas centrifuge process. The amendment
would allow URENCO USA (UUSA or
[[Page 43100]]
the licensee) to utilize tails of approximately 0.4 wt% U-235 as feed
material in a re-feed process; increase its possession mass limit for
natural and depleted uranium to 251,000,000 kg; and increase its U-235
possession mass limit to 2,180,000 kg.
DATES: Requests for a hearing or petition for leave to intervene must
be filed by September 22, 2014. 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 August 4, 2014.
ADDRESSES: Please refer to Docket ID NRC-2013-0044 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0044. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Michael Raddatz, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-9124; email:
Michael.Raddatz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. November 2012 LAR
On November 9, 2012, UUSA submitted a request to amend License No.
SNM-2010, under which it has operated, since 2010, a uranium enrichment
facility located in Lea County, New Mexico. The November 2012 LAR
sought to expand the facility's production capacity by adding three new
separation building modules (SBMs)--designated as SBM-1005, SBM-1007,
and SBM-1009--and associated plant support systems such as compressed
air, centrifuge cooling water, and electrical distribution systems.
Currently, the licensee operates two SBMs (designated as SBM-1001 and
SBM-1003) at its New Mexico facility. The 2012 LAR stated that one
assay unit in SBM-1005 was being designed to have the option of
efficiently using high-assay tails (of approximately 0.4 wt percent U-
235) as feed material, instead of natural uranium. Use of high-assay
tails in this manner involves an increase in the number of tails
stations and tails pumps. The 2012 LAR did not seek authorization to
use high-assay tails as one of UUSA's enrichment processes. The UUSA
facility has a total production capacity of approximately 3.7 million
separative work units (SWUs). The 2012 LAR requested an increase in the
total production capacity from 3.7 million SWU to 10 million SWU. The
proposed facility expansion also includes one additional cylinder
receipt and dispatch building to accommodate additional cylinder
handling requirements; and an increase in the uranium byproduct
cylinder storage pad area from 2.6 acres to 23 acres, reflecting a
proposed cylinder storage capacity increase from 15,727 to 25,000
storage cylinders using triple stacking.
A notice of opportunity to request a hearing on the 2012 LAR was
published in the Federal Register (78 FR 16890; March 19, 2013). No
hearing requests were submitted.
B. May 2014 LAR
The 2014 LAR (dated May 22, 2014) seeks authorization to use high-
assay tails as one of UUSA's enrichment processes within SBM-1005. If
the May 2014 LAR is granted, the licensee would be authorized to
utilize high assay tails of approximately 0.4 wt% U-235 (i.e., depleted
natural uranium) as feed material for the cascade in a re-feed process.
The May 22, 2014, LAR stated that the re-feed design is accomplished
with minor internal system design changes to the cascades, and that
accordingly the re-feed design does not alter ongoing SBM-1005
construction activities. As part of its May 2014 LAR, the licensee
revised its existing integrated safety analysis summary by identifying
two new items relied on for safety and a new accident sequence. This
new accident sequence is the result of assay unit 1005's ability to
efficiently use high assay tails as feed material, and applies only to
the SBM-1005 assay units capable of using high assay tails as feed
material. Granting the May 2014 LAR would also modify license condition
8.a of SNM-2010 by increasing UUSA's possession mass limit for natural
and depleted uranium from 136,120,000 kg to a new limit of 251,000,000
kg, and would modify license condition 8.b by increasing UUSA's
possession mass limit for U-235 from 545,000 kg, to 2,180,000 kg. The
NRC is providing notice of opportunity to request a hearing on the May
2014 LAR.
On June 19, 2014, UUSA submitted a redacted version of its May 2014
LAR so it could be made publicly available. An NRC administrative
review, documented in a letter to UUSA dated June 25, 2014, found the
May 2014 LAR acceptable to begin a technical review. If the NRC
approves the amendment request, the approval will be documented in an
amendment to NRC License No. SNM-2010. However, before approving the
proposed amendment, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended (the Act), and NRC's
regulations. The required findings will be documented in a Safety
Evaluation Report. Regarding the proposed action, the NRC will also
make findings consistent with the National Environmental Policy Act and
10 CFR Part 51.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR Part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. The
NRC's regulations are accessible
[[Page 43101]]
electronically from the NRC Library on the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing
or petition for leave to intervene is filed within 60 days, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will rule on the request and/or petition. The Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth, with particularity, the interest of the petitioner in
the proceeding and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted, with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Requests for hearing,
petitions 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 three factors in 10
CFR 2.309(c)(1)(i)-(iii).
A State, local governmental body, federally-recognized Indian
tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
September 22, 2014. The petition must be filed in accordance with the
filing instructions in the ``Electronic Submissions (E-Filing)''
section of this document, and should meet the requirements for
petitions for leave to intervene set forth in this section, except that
under Sec. 2.309(h)(2) a State, local governmental body, or Federally-
recognized Indian tribe, or agency thereof does not need to address the
standing requirements in 10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local governmental body, Federally-
recognized Indian tribe, or agency thereof may also have the
opportunity to participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
September 22, 2014.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to request (1) a digital identification ID
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.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
[[Page 43102]]
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
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 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-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's Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email at
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 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 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.
[[Page 43103]]
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.
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\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.
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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 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.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either 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, with that officer.
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 18th day July, 2014.
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..................................... U.S. 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.
[[Page 43104]]
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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[FR Doc. 2014-17448 Filed 7-23-14; 8:45 am]
BILLING CODE 7590-01-P
