License Amendment Applications: Mallinckrodt LLC, 31927-31929 [2015-13669]
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The National Endowment for the Arts’
mission is ‘‘To strengthen the creative
capacity of our communities by
providing all Americans with diverse
opportunities for arts participation.’’
With the advice of the National
Council on the Arts and advisory
panels, the Chairman establishes
eligibility requirements and criteria for
the review of applications for funding.
Section 959(c) of the Endowment’s
enabling legislation, as amended, directs
the Chairman to utilize advisory panels
to review applications and to make
recommendations to the National
Council on the Arts, which in turn
makes recommendations to the
Chairman.
The legislation requires the Chairman
‘‘(1) to ensure that all panels are
composed, to the extent practicable, of
individuals reflecting a wide
geographic, ethnic, and minority
representation as well as to (2) ensure
that all panels include representation of
lay individuals who are knowledgeable
about the arts . . .’’ In addition, the
membership of each panel must change
substantially from year to year and each
individual is ineligible to serve on a
panel for more than 3 consecutive years.
To assist with efforts to meet these
legislated mandates regarding
representation on advisory panels, the
endowment has established an
Automated Panel Bank System (APBS),
a computer database of names,
addresses, areas of expertise and other
basic information on individuals who
are qualified to serve as panelists for the
Arts Endowment.
The Panelist Profile Form, for which
clearance is requested, is used to gather
basic information from qualified
individuals recommended by the arts
community; arts organizations;
Members of Congress; the general
public; local, state, and regional arts
organizations; Endowment staff; and
others.
Dated: June 1, 2015.
Kathy Plowitz-Worden,
Panel Coordinator, National Endowment for
the Arts.
[FR Doc. 2015–13630 Filed 6–3–15; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–6563; NRC–2015–0139]
License Amendment Applications:
Mallinckrodt LLC
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to request a hearing and to
petition for leave to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has received an
application from Mallinckrodt LLC to
amend NRC Source Materials License
No. STB–401 to allow the option to
perform direct dose assessment of
residual radioactivity in addition to
using derived concentration guideline
levels (DCGLs) to demonstrate
compliance with the license termination
criteria at the Mallinckrodt site in St.
Louis, Missouri.
DATES: A request for a hearing or
petition for leave to intervene must be
filed by August 3, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2015–0139 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–2015–0139. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
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 (if it available in
ADAMS) is provided the first time that
a document is referenced. The license
amendment request is available in
ADAMS under Accession No.
ML15063A404.
• NRC’s PDR: You may examine and
purchase copies of public documents at
SUMMARY:
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31927
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Karen Pinkston, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington DC 20555–0001; telephone:
301–415–3650; email: Karen.Pinkston@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received, by letter dated
February 12, 2015 (ADAMS Accession
No. ML15063A404), an application from
Mallinckrodt LLC to amend NRC Source
Materials License No. STB–401. The
licensee requests the option to perform
direct dose assessment of residual
radioactivity in addition to using DCGLs
to demonstrate compliance with the
license termination criteria in section
20.1402 of Title 10 of the Code of
Federal Regulations (10 CFR), at the
Mallinckrodt site in St. Louis, Missouri.
The license currently states that
Decommissioning of ColumbiumTantalum (C–T) process area building
slabs and foundations, paved surfaces,
and all subsurface materials, shall be
done in accordance with the
Mallinckrodt C–T Decommissioning
Project, C–T Phase II Decommissioning
Plan, Revision 2, submitted to the NRC
on October 14, 2008 (ADAMS Accession
No. ML083150652), and revisions
submitted on June 3, 2010 (ADAMS
Accession No. ML101620140). This
decommissioning plan only included
the use of the DCGL approach to
demonstrate compliance with the
license termination criteria. The NRC
guidance in NUREG–1757, Vol. 2,
allows for the use of either the DCGL or
dose assessment approach in
demonstrating compliance with 10 CFR
20.1402.
An NRC administrative completeness
review found the application acceptable
for a technical review (ADAMS
Accession No. ML15093A112). Prior to
approving the proposed action, the NRC
will need to make the findings required
by the Atomic Energy Act of 1954 as
amended (the Act), and the NRC’s
regulations. These findings will be
documented in a safety evaluation
report. Environmental findings will be
documented in a separate
environmental assessment. The
environmental assessment will be the
subject of a subsequent notice in the
Federal Register.
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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
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 petitioner shall provide a
brief explanation of the bases for the
contention and a concise statement of
the alleged facts or expert opinion that
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support the contention and on which
the petitioner intends to rely in proving
the contention at the hearing. The
petitioner must also provide references
to those specific sources and documents
of which the petitioner is aware and on
which the petitioner intends to rely to
establish those facts or expert opinion.
The petition must include sufficient
information to show that a genuine
dispute exists concerning 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 petitioner to
relief. A 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 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 August 3, 2015. 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
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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
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 August 3, 2015.
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 ten 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to 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
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hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/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
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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 NRC’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 public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in the 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. However, a request to
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31929
intervene will require including
information on local residence in order
to demonstrate a proximity assertion of
interest in the proceeding. 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.
Dated at Rockville, Maryland, this 22nd
day of May 2015.
For the Nuclear Regulatory Commission.
Christepher McKenney,
Acting Deputy Director, Division of
Decommissioning, Uranium Recovery, and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2015–13669 Filed 6–3–15; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2015–0001]
Sunshine Act Meeting
DATES:
June 8, 15, 22, 29, July 6, 13,
2015.
Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
PLACE:
Week of June 8, 2015—Tentative
Tuesday, June 9, 2015
9:25—Affirmation Session (Public
Meeting) (Tentative)
a. Motions to Reopen and Proposed
New Contentions Regarding
Continued Storage (multiple
dockets)
b. Final Rule: Cyber Security Event
Notifications (10 CFR Part 73) (RIN
3150 AJ37)
9:30 a.m.—Briefing on NRC Insider
Threat Program (Closed—Ex. 1 & 2)
Thursday, June 11, 2015
10:00 a.m.—Meeting with the Advisory
Committee on Reactor Safeguards
(Public Meeting) (Contact: Edwin
Hackett, 301–415–7360)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
Week of June 15, 2015—Tentative
There are no meetings scheduled for
the week of June 15, 2015.
Week of June 22, 2015—Tentative
Tuesday, June 23
9:00 a.m.—Briefing on Human Capital
and Equal Employment
Opportunity (Public Meeting)
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Agencies
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31927-31929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13669]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-6563; NRC-2015-0139]
License Amendment Applications: Mallinckrodt LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from Mallinckrodt LLC to amend NRC Source Materials License
No. STB-401 to allow the option to perform direct dose assessment of
residual radioactivity in addition to using derived concentration
guideline levels (DCGLs) to demonstrate compliance with the license
termination criteria at the Mallinckrodt site in St. Louis, Missouri.
DATES: A request for a hearing or petition for leave to intervene must
be filed by August 3, 2015.
ADDRESSES: Please refer to Docket ID NRC-2015-0139 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-2015-0139. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 (if it available in
ADAMS) is provided the first time that a document is referenced. The
license amendment request is available in ADAMS under Accession No.
ML15063A404.
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: Karen Pinkston, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-415-3650; email:
Karen.Pinkston@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received, by letter dated February 12, 2015 (ADAMS
Accession No. ML15063A404), an application from Mallinckrodt LLC to
amend NRC Source Materials License No. STB-401. The licensee requests
the option to perform direct dose assessment of residual radioactivity
in addition to using DCGLs to demonstrate compliance with the license
termination criteria in section 20.1402 of Title 10 of the Code of
Federal Regulations (10 CFR), at the Mallinckrodt site in St. Louis,
Missouri. The license currently states that Decommissioning of
Columbium-Tantalum (C-T) process area building slabs and foundations,
paved surfaces, and all subsurface materials, shall be done in
accordance with the Mallinckrodt C-T Decommissioning Project, C-T Phase
II Decommissioning Plan, Revision 2, submitted to the NRC on October
14, 2008 (ADAMS Accession No. ML083150652), and revisions submitted on
June 3, 2010 (ADAMS Accession No. ML101620140). This decommissioning
plan only included the use of the DCGL approach to demonstrate
compliance with the license termination criteria. The NRC guidance in
NUREG-1757, Vol. 2, allows for the use of either the DCGL or dose
assessment approach in demonstrating compliance with 10 CFR 20.1402.
An NRC administrative completeness review found the application
acceptable for a technical review (ADAMS Accession No. ML15093A112).
Prior to approving the proposed action, the NRC will need to make the
findings required by the Atomic Energy Act of 1954 as amended (the
Act), and the NRC's regulations. These findings will be documented in a
safety evaluation report. Environmental findings will be documented in
a separate environmental assessment. The environmental assessment will
be the subject of a subsequent notice in the Federal Register.
[[Page 31928]]
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 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
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 petitioner intends
to rely in proving the contention at the hearing. The petitioner must
also provide references to those specific sources and documents of
which the petitioner is aware and on which the petitioner intends to
rely to establish those facts or expert opinion. The petition must
include sufficient information to show that a genuine dispute exists
concerning 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 petitioner to relief. A 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
August 3, 2015. 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
August 3, 2015.
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
ten 10 days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at hearing.docket@nrc.gov,
or by telephone at 301-415-1677, to 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
[[Page 31929]]
hearing in this proceeding if the Secretary has not already established
an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with 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 NRC'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 public
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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.
Dated at Rockville, Maryland, this 22nd day of May 2015.
For the Nuclear Regulatory Commission.
Christepher McKenney,
Acting Deputy Director, Division of Decommissioning, Uranium Recovery,
and Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-13669 Filed 6-3-15; 8:45 am]
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