New Postal Product, 64233-64234 [2014-25496]

Download as PDF Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Notices NUCLEAR REGULATORY COMMISSION [Docket No. 40–8943–MLA–2; ASLBP No. 13–926–01–MLA–BD01] Crow Butte Resources, Inc. (Marsland Expansion Area); Memorandum and Order (Order to Show Cause) October 22, 2014. Atomic Safety and Licensing Board Panel asabaliauskas on DSK4SPTVN1PROD with NOTICES Before the Licensing Board: G. Paul Bollwerk, III, Chairman, Dr. Richard E. Wardwell, Dr. Thomas J. Hirons. The Atomic Safety and Licensing Board hereby directs intervenor Oglala Sioux Tribe (OST) to show cause as to why this litigation should not be dismissed for want of prosecution. The locus of this case is a challenge by OST to a May 2012 application by Crow Butte Resources, Inc., (CBR) to amend CBR’s existing 10 CFR part 40 source materials license to operate a satellite in situ uranium recovery facility on the Marsland Expansion Area (MEA) site. OST was admitted as an intervenor to this proceeding in May 2013, with the Licensing Board finding that OST had established standing and submitted two admissible contentions. See LBP–13–6, 77 NRC 253, 304–05 (2013), aff’d, CLI–14–02, 79 NRC 11, 14 (2014). Thereafter, in June 2013 CBR and the Nuclear Regulatory Commission (NRC) staff lodged appeals with the Commission contesting the Board’s standing and contention admissibility determinations. See [CBR] Notice of Appeal of LBP–13–06 (June 4, 2013); NRC Staff’s Notice of Appeal of LBP– 13–6, Licensing Board’s Order of May 10, 2013, and Accompanying Brief (June 4, 2013). Although OST filed no answer in response to the staff and CBR appeals, the Commission upheld the Board’s standing and contention admissibility rulings. See CLI–14–02, 79 NRC at 14. OST’s two admitted contentions challenged information provided by CBR in its environmental report (ER) document submitted in support of CBR’s license amendment application. OST contention 1, which is entitled ‘‘Failure to Meet Applicable Legal Requirements Regarding Protection of Historical and Cultural Resources,’’ seeks to challenge the discussion of affected historic and cultural resources in the CBR ER. See LBP–13–6, 77 NRC at 306. On June 30, 2014, the staff issued its draft environmental assessment (EA) regarding potential impacts to cultural resources in the MEA site. See [CBR] Proposed [MEA] NRC Documentation of the NHPA Section 106 Review (Draft VerDate Sep<11>2014 20:06 Oct 27, 2014 Jkt 235001 Cultural Resources Sections of [EA]) 1 (June 30, 2014) (ADAMS Accession No. ML14176B129). With the issuance of this document, the schedule previously established by the Board for filing any new or amended contentions relative to that document was activated. See Licensing Board Memorandum and Order (Revised General Schedule) (Aug. 8, 2014) at 1–2 (unpublished) [hereinafter Revised General Schedule]. OST, however, failed to submit any new or amended contentions relative to the draft EA, after which the Board outlined the schedule for party dispositive motions and responsive pleadings regarding OST contention 1. See id. at 2. In accord with that filing schedule, the staff submitted a motion for summary disposition of OST contention 1, and CBR filed a response in support of the staff’s motion. See NRC Staff’s Motion for Summary Disposition of Contention 1 (Aug. 6, 2014) [hereinafter Staff Contention 1 Dispositive Motion]; [CBR] Response in Support of NRC Staff Motion for Summary Disposition of Contention 1 (Aug. 18, 2014). OST, however, failed to answer either filing. On October XX, 2014, the Board granted the staff’s summary disposition request and dismissed OST contention 1. See Licensing Board Memorandum and Order (Ruling on Motion for Summary Disposition Regarding Oglala Sioux Tribe Contention 1) (Oct. 22, 2014) at 2 (unpublished). As a consequence, only one issue statement, OST contention 2, which bears the title ‘‘Failure to Include Adequate Hydrogeological Information to Demonstrate Ability to Contain Fluid Migration,’’ see LBP–13–6, 77 NRC at 306, remains active in this case.1 OST last submitted a filing in this proceeding on September 10, 2013. See [OST’s] Initial Mandatory Disclosures (Sept. 10, 2013). As far as the Board is aware, the most recent contact with OST counsel came in the context of the recent summary disposition filings. According to the staff, in seeking to fulfill the staff’s responsibility under 10 CFR 2.323(b) to consult with OST before filing its dispositive motion regarding OST contention 1, the staff was able to reach Ms. Cindy Gillis, counsel for OST,2 but she informed the staff that 1 Based on the current staff review schedule for the CBR application that calls for issuance of the staff’s final environmental document on or about July 31, 2015, an evidentiary hearing regarding OST contention 2 is scheduled for May/June 2016. See Revised General Schedule app. A, at 1, 3. 2 Having filed a notice of appearance, see Notice of Appearance (Jan. 29, 2013), and apparently not having submitted a notice of withdrawal, as far as the Board is aware Ms. Waonsilawin Cindy Gillis remains OST’s attorney of record for this proceeding. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 64233 they ‘‘should contact the in-house counsel for the Tribe.’’ Staff Contention 1 Dispositive Motion at 1 n.2. The staff reports it made several attempts to reach OST in-house counsel, albeit without success, and that a further email to Ms. Gillis went unanswered. See id. Despite the opportunity to make a filing before the Commission regarding the CBR and staff standing and contention admissibility appeals and before the Board in response to the staff’s draft EA cultural resources sections or the staff’s motion for summary disposition of OST contention 1, all arguably significant matters in this proceeding, OST failed to provide a submission of any kind. Indeed, OST has made no filing in this proceeding in over a year. It thus appears to the Board that OST does not have any interest in further pursuing this litigation. As a consequence, the Board hereby gives notice that, absent some response from OST within thirty days of the date of publication of this issuance in the Federal Register that demonstrates a continued interest in this cause, the Board will dismiss OST contention 2 and terminate this proceeding.3 Applicant CBR and the staff likewise are permitted to file a response to this issuance within that time frame if either wishes to do so. It is so ordered. For the Atomic Safety and Licensing Board. Dated: Rockville, Maryland, October 22, 2014. G. Paul Bollwerk, III, Chairman, Administrative Judge. [FR Doc. 2014–25643 Filed 10–27–14; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2015–2 and CP2015–4; Order No. 2221] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing concerning an addition of Priority Mail Express and Priority Mail Contract 16 to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps. SUMMARY: 3 As the Commission noted in its ruling affirming the Board’s standing and contention admissibility rulings, pursuant to 10 CFR § 2.320, ‘‘the Tribe’s failure to pursue a contention in the future could result in (among other things) dismissal of the contention.’’ CLI–14–2, 79 NRC at 14 & n.10. E:\FR\FM\28OCN1.SGM 28OCN1 64234 DATES: Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Notices Comments are due: October 29, 2014. Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs asabaliauskas on DSK4SPTVN1PROD with NOTICES I. Introduction In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Express & Priority Mail Contract 16 to the competitive product list.1 The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Id. Attachment B. To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors’ Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers. II. Notice of Commission Action The Commission establishes Docket Nos. MC2015–2 and CP2015–4 to consider the Request pertaining to the proposed Priority Mail Express & Priority Mail Contract 16 product and the related contract, respectively. The Commission invites comments on whether the Postal Service’s filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than October 29, 2014. The public portions of these filings can be accessed via the Commission’s Web site (http://www.prc.gov). 1 Request of the United States Postal Service to Add Priority Mail Express & Priority Mail Contract 16 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors’ Decision, Contract, and Supporting Data, October 21, 2014 (Request). VerDate Sep<11>2014 20:06 Oct 27, 2014 Jkt 235001 The Commission appoints Curtis E. Kidd to serve as Public Representative in these dockets. III. Ordering Paragraphs It is ordered: 1. The Commission establishes Docket Nos. MC2015–2 and CP2015–4 to consider the matters raised in each docket. 2. Pursuant to 39 U.S.C. 505, Curtis E. Kidd is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative). 3. Comments are due no later than October 29, 2014. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2014–25496 Filed 10–27–14; 8:45 am] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket Nos. CP2012–22; Order No. 2219] Amendment to Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing concerning amending the existing Parcel Select & Parcel Return Service Contract 3 negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: October 29, 2014. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. SUMMARY: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Notice of Filings III. Ordering Paragraphs Select & Parcel Return Service Contract 3 negotiated service agreement approved in this docket.1 In support of its Notice, the Postal Service includes a redacted copy of the Amendment and a certification of compliance with 39 U.S.C. 3633(a), as required by 39 CFR 3015.5. The Postal Service also filed the unredacted Amendment and supporting financial information under seal. The Postal Service seeks to incorporate by reference the Application for NonPublic Treatment originally filed in this docket for the protection of information that it has filed under seal. Id. The Amendment seeks to adjust prices and terms contained in the Parcel Select & Parcel Return Service Contract 3 in a manner contemplated in and consistent with the original contract’s terms, which account for changes in costs while maintaining the contract’s ability to meet the requirements of 39 U.S.C. 3633(a). Specifically, the Amendment revises the contract terms to include certain Parcel Select Service destination sectional center facility (DSCF) 3-digit and other pieces, resulting in a modification of contract rates in accordance with the annual adjustment calculations (of Table 1a in section I.D., and section I.E.). Id. Attachment A at 1–3. The Postal Service intends for the Amendment to become effective one business day after the date that the Commission completes its review of the Notice. Id. The Postal Service asserts that the Amendment will not impair the ability of the contract to comply with 39 U.S.C. 3633. Id. Attachment B. II. Notice of Filings The Commission invites comments on whether the changes presented in the Postal Service’s Notice are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR 3015.5, and 39 CFR part 3020, subpart B. Comments are due no later than October 29, 2014. The public portions of these filings can be accessed via the Commission’s Web site (http://www.prc.gov). The Commission appoints James F. Callow to represent the interests of the general public (Public Representative) in this docket. III. Ordering Paragraphs It is ordered: 1. The Commission reopens Docket No. CP2012–22 for consideration of matters raised by the Postal Service’s Notice. I. Introduction On October 20, 2014, the Postal Service filed notice that it has agreed to an Amendment to the existing Parcel PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 1 Notice of United States Postal Service of Change in Prices Pursuant to Amendment to Parcel Select & Parcel Return Service Contract 3, October 20, 2014 (Notice). E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 79, Number 208 (Tuesday, October 28, 2014)]
[Notices]
[Pages 64233-64234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25496]


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POSTAL REGULATORY COMMISSION

[Docket Nos. MC2015-2 and CP2015-4; Order No. 2221]


New Postal Product

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recent Postal Service filing 
concerning an addition of Priority Mail Express and Priority Mail 
Contract 16 to the competitive product list. This notice informs the 
public of the filing, invites public comment, and takes other 
administrative steps.

[[Page 64234]]


DATES: Comments are due: October 29, 2014.

ADDRESSES: Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Those who cannot submit comments 
electronically should contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section by telephone for advice on filing 
alternatives.

FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 
202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. Notice of Commission Action
III. Ordering Paragraphs

I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the 
Postal Service filed a formal request and associated supporting 
information to add Priority Mail Express & Priority Mail Contract 16 to 
the competitive product list.\1\
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    \1\ Request of the United States Postal Service to Add Priority 
Mail Express & Priority Mail Contract 16 to Competitive Product List 
and Notice of Filing (Under Seal) of Unredacted Governors' Decision, 
Contract, and Supporting Data, October 21, 2014 (Request).
---------------------------------------------------------------------------

    The Postal Service contemporaneously filed a redacted contract 
related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 
CFR 3015.5. Id. Attachment B.
    To support its Request, the Postal Service filed a copy of the 
contract, a copy of the Governors' Decision authorizing the product, 
proposed changes to the Mail Classification Schedule, a Statement of 
Supporting Justification, a certification of compliance with 39 U.S.C. 
3633(a), and an application for non-public treatment of certain 
materials. It also filed supporting financial workpapers.

II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2015-2 and CP2015-4 to 
consider the Request pertaining to the proposed Priority Mail Express & 
Priority Mail Contract 16 product and the related contract, 
respectively.
    The Commission invites comments on whether the Postal Service's 
filings in the captioned dockets are consistent with the policies of 39 
U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, 
subpart B. Comments are due no later than October 29, 2014. The public 
portions of these filings can be accessed via the Commission's Web site 
(http://www.prc.gov).
    The Commission appoints Curtis E. Kidd to serve as Public 
Representative in these dockets.

III. Ordering Paragraphs

    It is ordered:
    1. The Commission establishes Docket Nos. MC2015-2 and CP2015-4 to 
consider the matters raised in each docket.
    2. Pursuant to 39 U.S.C. 505, Curtis E. Kidd is appointed to serve 
as an officer of the Commission to represent the interests of the 
general public in these proceedings (Public Representative).
    3. Comments are due no later than October 29, 2014.
    4. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2014-25496 Filed 10-27-14; 8:45 am]
BILLING CODE 7710-FW-P