Eagle Rock Enrichment Facility and Lucky Mc Uranium Mill; Consideration of Approval of Transfer of Licenses and Conforming Amendment, 62180-62184 [2016-21472]
Download as PDF
62180
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
available information related to this
action by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0069. A copy
of the collection of information and
related instructions may be obtained
without charge by accessing Docket ID
NRC–2016–0069 on this Web site.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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. A copy
of the collection of information and
related instructions may be obtained
without charge by accessing ADAMS
Accession No. ML16139A021. The
supporting statement is available in
ADAMS under Accession No.
ML16139A041.
• 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.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting NRC’s Clearance
Officer, David Cullison, Office of the
Chief Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email:
INFOCOLLECTS.Resource@nrc.gov.
B. Submitting Comments
Please include Docket ID NRC–2016–
0069 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as entering
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
VerDate Sep<11>2014
19:34 Sep 07, 2016
Jkt 238001
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Background
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the NRC is requesting
public comment on its intention to
request the OMB’s approval for the
information collection summarized
below.
1. The title of the information
collection: Suspicious Activity
Reporting using the Protected Web
Server (PWS).
2. OMB approval number: 3150–0219.
3. Type of submission: Extension.
4. The form number, if applicable:
Not applicable.
5. How often the collection is required
or requested: On occasion. Reporting is
done on a voluntary basis, as suspicious
incidents occur.
6. Who will be required or asked to
respond: Nuclear power reactor
licensees provide the majority of
reports, but other entities that may
voluntarily send reports include fuel
facilities, independent spent fuel storage
installations, decommissioned power
reactors, power reactors under
construction, research and test reactors,
agreement states, non-agreement states,
as well as users of byproduct material
(e.g. departments of health, medical
centers, steel mills, well loggers, and
radiographers.)
7. The estimated number of annual
responses: 124.
8. The estimated number of annual
respondents: 62.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 248 hours.
10. Abstract: NRC licensees
voluntarily report information on
suspicious incidents on an ad-hoc basis,
as these incidents occur. This
information is shared with authorized
nuclear industry officials and Federal,
State, and local government agencies
using PWS. Information provided by
licensees is considered OFFICIAL USE
ONLY and is not made public.
III. Specific Requests for Comments
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
2. Is the estimate of the burden of the
information collection accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated at Rockville, Maryland, this 31st day
of August, 2016.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2016–21539 Filed 9–7–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 40–2259, 70–7015, 70–1257,
70–3098; NRC–2016–0184]
Eagle Rock Enrichment Facility and
Lucky Mc Uranium Mill; Consideration
of Approval of Transfer of Licenses
and Conforming Amendment
Nuclear Regulatory
Commission.
ACTION: Application for indirect and
direct transfer of licenses; opportunity
to comment, request a hearing, and
petition for leave to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) received, and is
considering approval of, an application
filed by AREVA, Inc. on July 25, 2016.
The application seeks the NRC’s consent
to: The indirect transfer of control of
special nuclear material License SNM–
2015 governing the proposed Eagle Rock
uranium enrichment facility (EREF) that
may later be constructed and operated;
the direct transfer of control of source
material License SUA–672 for the Lucky
Mc Uranium Mill; and the direct
transfer of control of Export Licenses
XSOU8780, XSNM3643, and
XSNM3722. If approved, the transfer of
License SNM–2015 would be from
AREVA Enrichment Services LLC
(AES), to AREVA Nuclear Materials,
LLC. The transfer of License SUA–672
and Export License XSOU8780 would
be from AREVA, Inc. to AREVA Nuclear
Materials, LLC. The transfer of Export
Licenses XSNM3643 and XSNM3722
would be from AREVA, Inc. to TN
Americas, LLC. In its application,
AREVA, Inc. also requests approval of
its proposed conforming amendments to
reflect the new names of the ‘‘AREVA
Nuclear Materials, LLC’’ and ‘‘TN
Americas, LLC,’’ which would hold the
SUMMARY:
E:\FR\FM\08SEN1.SGM
08SEN1
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices
licenses to be transferred if the NRC
consents to the transfers.
DATES: A request for a hearing must be
filed by September 28, 2016. Written
comments may be filed by October 11,
2016.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0184. 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.
• Email comments to:
Hearingdocket@nrc.gov. If you do not
receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Osiris Siurano, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–7827, email:
Osiris.Siurano-Perez@nrc.gov; Nuclear
Regulatory Commission, Washington,
DC, 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
mstockstill on DSK3G9T082PROD with NOTICES
A. Obtaining Information
Please refer to Docket ID NRC–2016–
0184 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0184.
• NRC’s Agencywide Documents
Access and Management System
VerDate Sep<11>2014
20:46 Sep 07, 2016
Jkt 238001
(ADAMS): You may obtain publiclyavailable 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 is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2016–
0184 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
Pursuant to Section 184 of the Atomic
Energy Act of 1954 (AEA), as amended,
and title 10 of the Code of Federal
Regulations (10 CFR) §§ 30.34(b)(1),
40.46, 70.36, and 110.50(d), AREVA Inc.
has requested that the NRC approve
several license transfers in connection
with its planned internal reorganization
involving the AREVA family of
companies that operate in the United
States under NRC licenses. Under the
referenced regulations, no NRC license
and no right thereunder to possess or
utilize licensed material shall be
transferred, assigned, or in any manner
disposed of, either voluntarily or
involuntarily, directly or indirectly,
through transfer of control of any
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
62181
license to any person unless the
Commission shall, after securing full
information, finds that the transfer is in
accordance with the provisions of the
AEA, and gives its consent in writing.
AREVA, Inc.’s July 25, 2016,
submittal (ADAMS No. ML16207A715)
includes organizational charts showing
the current overall corporate structure.
The ultimate parent of the NRC-licensed
entities is AREVA SA, a company
organized under the laws of France.
Under AREVA SA is AREVA NP SAS
(also organized under the laws of
France), which owns 100 percent of the
shares of AREVA Inc. After the planned
internal reorganization, AREVA SA
would remain the ultimate parent and
sole owner of AREVA NP SAS, and New
AREVA Holdings SAS would be the
new intermediate parent company of
AREVA Nuclear Materials, LLC.
Existing controls over access to
classified or other protected information
would remain in place. The submittal
further states that the planned
reorganization, if approved, would not
result in any physical or operational
changes relating to the licensed
programs for any of the affected NRC
licensees; and that there would not be
any changes in organization, location,
facilities, equipment or procedures that
relate to the licensed programs under
which the NRC licenses operate.
The Radiation Safety Officers would
remain the same. No changes are being
proposed to any authorized users, or to
any other persons identified on the
licenses as having responsibility for
radiation safety, or who are otherwise
authorized to use NRC-licensed
material. AREVA Inc.’s submittal
provides written notification to the NRC
concerning its planned internal
reorganization, which is scheduled to be
implemented on October 1, 2016.
AREVA, Inc.’s July 25, 2016,
submittal also includes a request that
the NRC confirm that the proposed
reorganization would not involve any
transfer of control of Construction
Authorization Number CAMOX–001
(for the MOX Fuel Fabrication Facility)
that would need NRC’s prior consent
pursuant to 10 CFR 70.36. Specifically,
the submittal states that AREVA Inc.
owns a minority, 30 percent (30%), noncontrolling interest in CB&I AREVA
MOX Services, LLC (MOX Services),
which holds CAMOX–001. AREVA
Inc.’s ownership interests in MOX
Services would be transferred to AREVA
Nuclear Materials, LLC, but the
submittal states that this proposed
transfer would not affect CB&I’s
controlling 70 percent (70%) interest in
MOX Services.
E:\FR\FM\08SEN1.SGM
08SEN1
mstockstill on DSK3G9T082PROD with NOTICES
62182
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices
The July 25, 2016, submittal further
reflects that the SNM–2015 license
authorizes AES to possess and use
source and special nuclear material at
EREF, a proposed gas centrifuge
uranium enrichment facility that would
be located in Bonneville County, Idaho.
The SUA–672 license authorizes
AREVA Inc. to possess source material
and byproduct material in the form of
uranium mill tailings and waste at the
Lucky Mc Uranium Mill in Fremont
County, Wyoming. Though the Lucky
Mc Uranium Mill license would be
transferred from AREVA Inc. to AREVA
Nuclear Materials, LLC, the submittal
states that the new licensee would not
make any changes to the current
personnel, and therefore no new
training would be required. Export
License XSOU8780 authorizes AREVA
Inc. to export up to a cumulative total
of 11,000,000 kilograms natural
uranium, in the form of uranium
hexafluoride (UF6) to ultimate foreign
consignees in France, The Netherlands,
Germany, and the United Kingdom, for
enrichment up to 5 percent and for
ultimate use in nuclear power reactors
in EURATOM or return to the United
States. Export License XSNM3643
authorizes AREVA Inc. to export up to
195 kilograms U235 contained in 975.0
kilograms uranium enriched to 19.95%,
in solid form. The ultimate foreign
consignee is South Africa. Export
License XSNM3722 authorizes AREVA
Inc. to export 147 kilograms U235
contained in 735 kilograms uranium,
enriched to 19.95 percent, in solid form.
The ultimate foreign consignees are the
Nuclear Research and Consultancy
Group and the Mallinckrodt
Molybdenum Production Facility, both
in The Netherlands.
An NRC administrative review,
documented in a letter to AREVA Inc.
dated August 31, 2016 (ADAMS
Accession No. ML16243A499), found
the application acceptable to begin a
more detailed technical review. If the
application is granted, all of the above
referenced licenses would be amended
for administrative purposes to reflect
the new corporate names.
If the July 25, 2016, request is granted,
the NRC licenses would be amended to
reflect the licensees’ new names and
reorganized ownership. Before such
license amendments are issued, the NRC
will have made the findings required by
the AEA and the NRC’s regulations. The
required findings would be documented
in a Safety Evaluation Report, and any
necessary NRC orders would be issued.
An environmental review of the
proposed action will not be performed
because, pursuant to 10 CFR
51.22(c)(21), license transfer approvals
VerDate Sep<11>2014
19:34 Sep 07, 2016
Jkt 238001
and associated license amendments are
categorically excluded from the
requirement to perform an
environmental review.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Any person whose interest may be
affected by this proposed action and
who seeks an NRC hearing regarding the
proposed action must file a request for
a hearing and a petition to intervene
(petition) within 20 days after the date
of publication of this notice, pursuant to
10 CFR 2.309(b)(1). Petitions 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 at
One White Flint North, Room O1–F21,
11555 Rockville Pike (first floor),
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 petition is filed
within 20 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 petition; and the Secretary
or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will
issue a notice of a hearing or an
appropriate order. Additionally, the
petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document.
As required by 10 CFR 2.309, a
petition 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
petitioner; (2) the nature of the
petitioner’s right under the Act to be
made a party to the proceeding; (3) the
nature and extent of the 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
petitioner’s interest. The petition must
also set forth the specific contentions
which the 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
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
brief explanation of the bases for the
contention and a concise statement of
the alleged facts or expert opinion
which 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 to support its position on
the issue. 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 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 the NRC’s
regulations, policies, and procedures.
Petitions for leave to intervene must
be filed no later than 20 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 20-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), and 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
E:\FR\FM\08SEN1.SGM
08SEN1
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
conference, subject to the limits and
conditions as may be imposed by the
presiding officer. Details regarding the
opportunity to make a limited
appearance will be provided by the
presiding officer if such sessions are
scheduled.
IV. 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
(hereinafter ‘‘petition’’), 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, as amended at 77 FR
46562, August 3, 2012). 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 petition (even in instances
in which the participant, or its counsel
or representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. System
requirements for accessing the ESubmittal server are available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
adjudicatory-sub.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
Electronic Filing Help Desk will not be
VerDate Sep<11>2014
19:34 Sep 07, 2016
Jkt 238001
able to offer assistance in using unlisted
software.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a petition. Submissions should
be in Portable Document Format (PDF).
Additional guidance on PDF
submissions is available on the NRC’s
public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.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 EFiling 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 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 Electronic Filing 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
Electronic Filing Help Desk is available
between 9 a.m. and 7 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 stating why there is good cause for
not filing electronically and 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
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
62183
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, in some
instances, a petition 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.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
VI. Opportunity To Provide Written
Comments
Pursuant to 10 CFR 2.1305, as an
alternative to requesting a hearing,
persons may submit written comments
regarding the license transfer
applications. Any such comments
should be submitted within 30 days
from the date of publication of this
notice, in accordance with 10 CFR
2.1305(b). The Commission will
consider and, if appropriate, respond to
these comments, but such comments
will not otherwise constitute part of the
decisional record. Comments should be
E:\FR\FM\08SEN1.SGM
08SEN1
62184
Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Notices
submitted as described in the
ADDRESSES section of this document.
Dated at Rockville, Maryland, this 1st day
of September, 2016.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Fuel Cycle Safety,
Safeguards, and Environmental Review,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2016–21472 Filed 9–7–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2016–0024]
Information Collection: Reporting of
Defects and Noncompliance
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) invites public
comment on the renewal of Office of
Management and Budget (OMB)
approval for an existing collection of
information. The information collection
is titled, ‘‘Reporting of Defects and
Noncompliance.’’
DATES: Submit comments by November
7, 2016. Comments received after this
date will be considered if it is practical
to do so, but the Commission is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0024. 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.
• Mail comments to: David Cullison,
Office of the Chief Information Officer,
Mail Stop: T–5 F53, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
David Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:34 Sep 07, 2016
Jkt 238001
2084; email: INFOCOLLECTS.Resource@ submission to the NRC, then you should
nrc.gov.
inform those persons not to include
identifying or contact information that
SUPPLEMENTARY INFORMATION:
they do not want to be publicly
I. Obtaining Information and
disclosed in their comment submission.
Submitting Comments
Your request should state that the NRC
does not routinely edit comment
A. Obtaining Information
submissions to remove such information
Please refer to Docket ID NRC–2016–
before making the comment
0024 when contacting the NRC about
submissions available to the public or
the availability of information for this
entering the comment submissions into
action. You may obtain publiclyADAMS.
available information related to this
action by any of the following methods: II. Background
• Federal Rulemaking Web site: Go to
In accordance with the Paperwork
https://www.regulations.gov and search
Reduction Act of 1995 (44 U.S.C.
for Docket ID NRC–2016–0024.
Chapter 35), the NRC is requesting
• NRC’s Agencywide Documents
public comment on its intention to
Access and Management System
request the OMB’s approval for the
(ADAMS): You may obtain publiclyinformation collection summarized
available documents online in the
ADAMS Public Documents collection at below.
1. The title of the information
https://www.nrc.gov/reading-rm/
collection: 10 CFR part 21, ‘‘Reporting of
adams.html. To begin the search, select
Defects and Noncompliance.’’
‘‘ADAMS Public Documents’’ and then
2. OMB approval number: 3150–0035.
select ‘‘Begin Web-based ADAMS
3. Type of submission: Extension.
Search.’’ For problems with ADAMS,
4. The form number, if applicable:
please contact the NRC’s Public
Not applicable.
Document Room (PDR) reference staff at
5. How often the collection is required
1–800–397–4209, 301–415–4737, or by
or requested: On occasion. Defects and
email to pdr.resource@nrc.gov. The
noncompliances are reportable as they
supporting statement is available in
occur.
ADAMS under Accession No.
6. Who will be required or asked to
ML16147A548.
respond: Individual directors and
• NRC’s PDR: You may examine and
responsible officers of firms
purchase copies of public documents at
constructing, owning, operating, or
the NRC’s PDR, Room O1–F21, One
supplying the basic components of any
White Flint North, 11555 Rockville
facility or activity licensed under the
Pike, Rockville, MD 20852.
Atomic Energy Act of 1954, as amended,
• NRC’s Clearance Officer: A copy of
the collection of information and related or the Energy Reorganization Act of
1974, as amended, to report
instructions may be obtained without
immediately to the NRC the discovery of
charge by contacting NRC’s Clearance
defects in basic components or failures
Officer, David Cullison, Office of the
to comply that could create a substantial
Chief Information Officer, U.S. Nuclear
safety hazard.
Regulatory Commission, Washington,
7. The estimated number of annual
DC 20555–0001; telephone: 301–415–
responses: 530 (177 reporting responses
2084; email: INFOCOLLECTS.Resource@
+ 3 third party disclosure responses +
nrc.gov.
350 recordkeepers).
B. Submitting Comments
8. The estimated number of annual
respondents: 350.
Please include Docket ID NRC–2016–
9. The estimated number of hours
0024 in the subject line of your
comment submission, in order to ensure needed annually to comply with the
information collection requirement or
that the NRC is able to make your
request: 43,425 hours (17,883 hours
comment submission available to the
reporting + 25,257 hours recordkeeping
public in this docket.
+ 285 hours third-party disclosure).
The NRC cautions you not to include
10. Abstract: Part 21 of title 10 of the
identifying or contact information in
Code of Federal Regulations (10 CFR),
comment submissions that you do not
requires each individual, corporation,
want to be publicly disclosed in your
partnership, commercial grade
comment submission. The NRC will
post all comment submissions at https:// dedicating entity, or other entity subject
www.regulations.gov as well as enter the to the regulations in this part to adopt
appropriate procedures to evaluate
comment submissions into ADAMS,
deviations and failures to comply to
and the NRC does not routinely edit
determine whether a defect exists that
comment submissions to remove
could result in a substantial safety
identifying or contact information.
hazard. Depending upon the outcome of
If you are requesting or aggregating
the evaluation, a report of the defect
comments from other persons for
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
E:\FR\FM\08SEN1.SGM
08SEN1
Agencies
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62180-62184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21472]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 40-2259, 70-7015, 70-1257, 70-3098; NRC-2016-0184]
Eagle Rock Enrichment Facility and Lucky Mc Uranium Mill;
Consideration of Approval of Transfer of Licenses and Conforming
Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect and direct transfer of licenses;
opportunity to comment, request a hearing, and petition for leave to
intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received, and is
considering approval of, an application filed by AREVA, Inc. on July
25, 2016. The application seeks the NRC's consent to: The indirect
transfer of control of special nuclear material License SNM-2015
governing the proposed Eagle Rock uranium enrichment facility (EREF)
that may later be constructed and operated; the direct transfer of
control of source material License SUA-672 for the Lucky Mc Uranium
Mill; and the direct transfer of control of Export Licenses XSOU8780,
XSNM3643, and XSNM3722. If approved, the transfer of License SNM-2015
would be from AREVA Enrichment Services LLC (AES), to AREVA Nuclear
Materials, LLC. The transfer of License SUA-672 and Export License
XSOU8780 would be from AREVA, Inc. to AREVA Nuclear Materials, LLC. The
transfer of Export Licenses XSNM3643 and XSNM3722 would be from AREVA,
Inc. to TN Americas, LLC. In its application, AREVA, Inc. also requests
approval of its proposed conforming amendments to reflect the new names
of the ``AREVA Nuclear Materials, LLC'' and ``TN Americas, LLC,'' which
would hold the
[[Page 62181]]
licenses to be transferred if the NRC consents to the transfers.
DATES: A request for a hearing must be filed by September 28, 2016.
Written comments may be filed by October 11, 2016.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0184. 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.
Email comments to: Hearingdocket@nrc.gov. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Osiris Siurano, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-7827, email:
Osiris.Siurano-Perez@nrc.gov; Nuclear Regulatory Commission,
Washington, DC, 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2016-0184 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0184.
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 is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2016-0184 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
Pursuant to Section 184 of the Atomic Energy Act of 1954 (AEA), as
amended, and title 10 of the Code of Federal Regulations (10 CFR)
Sec. Sec. 30.34(b)(1), 40.46, 70.36, and 110.50(d), AREVA Inc. has
requested that the NRC approve several license transfers in connection
with its planned internal reorganization involving the AREVA family of
companies that operate in the United States under NRC licenses. Under
the referenced regulations, no NRC license and no right thereunder to
possess or utilize licensed material shall be transferred, assigned, or
in any manner disposed of, either voluntarily or involuntarily,
directly or indirectly, through transfer of control of any license to
any person unless the Commission shall, after securing full
information, finds that the transfer is in accordance with the
provisions of the AEA, and gives its consent in writing.
AREVA, Inc.'s July 25, 2016, submittal (ADAMS No. ML16207A715)
includes organizational charts showing the current overall corporate
structure. The ultimate parent of the NRC-licensed entities is AREVA
SA, a company organized under the laws of France. Under AREVA SA is
AREVA NP SAS (also organized under the laws of France), which owns 100
percent of the shares of AREVA Inc. After the planned internal
reorganization, AREVA SA would remain the ultimate parent and sole
owner of AREVA NP SAS, and New AREVA Holdings SAS would be the new
intermediate parent company of AREVA Nuclear Materials, LLC. Existing
controls over access to classified or other protected information would
remain in place. The submittal further states that the planned
reorganization, if approved, would not result in any physical or
operational changes relating to the licensed programs for any of the
affected NRC licensees; and that there would not be any changes in
organization, location, facilities, equipment or procedures that relate
to the licensed programs under which the NRC licenses operate.
The Radiation Safety Officers would remain the same. No changes are
being proposed to any authorized users, or to any other persons
identified on the licenses as having responsibility for radiation
safety, or who are otherwise authorized to use NRC-licensed material.
AREVA Inc.'s submittal provides written notification to the NRC
concerning its planned internal reorganization, which is scheduled to
be implemented on October 1, 2016.
AREVA, Inc.'s July 25, 2016, submittal also includes a request that
the NRC confirm that the proposed reorganization would not involve any
transfer of control of Construction Authorization Number CAMOX-001 (for
the MOX Fuel Fabrication Facility) that would need NRC's prior consent
pursuant to 10 CFR 70.36. Specifically, the submittal states that AREVA
Inc. owns a minority, 30 percent (30%), non-controlling interest in
CB&I AREVA MOX Services, LLC (MOX Services), which holds CAMOX-001.
AREVA Inc.'s ownership interests in MOX Services would be transferred
to AREVA Nuclear Materials, LLC, but the submittal states that this
proposed transfer would not affect CB&I's controlling 70 percent (70%)
interest in MOX Services.
[[Page 62182]]
The July 25, 2016, submittal further reflects that the SNM-2015
license authorizes AES to possess and use source and special nuclear
material at EREF, a proposed gas centrifuge uranium enrichment facility
that would be located in Bonneville County, Idaho. The SUA-672 license
authorizes AREVA Inc. to possess source material and byproduct material
in the form of uranium mill tailings and waste at the Lucky Mc Uranium
Mill in Fremont County, Wyoming. Though the Lucky Mc Uranium Mill
license would be transferred from AREVA Inc. to AREVA Nuclear
Materials, LLC, the submittal states that the new licensee would not
make any changes to the current personnel, and therefore no new
training would be required. Export License XSOU8780 authorizes AREVA
Inc. to export up to a cumulative total of 11,000,000 kilograms natural
uranium, in the form of uranium hexafluoride (UF6) to
ultimate foreign consignees in France, The Netherlands, Germany, and
the United Kingdom, for enrichment up to 5 percent and for ultimate use
in nuclear power reactors in EURATOM or return to the United States.
Export License XSNM3643 authorizes AREVA Inc. to export up to 195
kilograms U\235\ contained in 975.0 kilograms uranium enriched to
19.95%, in solid form. The ultimate foreign consignee is South Africa.
Export License XSNM3722 authorizes AREVA Inc. to export 147 kilograms
U\235\ contained in 735 kilograms uranium, enriched to 19.95 percent,
in solid form. The ultimate foreign consignees are the Nuclear Research
and Consultancy Group and the Mallinckrodt Molybdenum Production
Facility, both in The Netherlands.
An NRC administrative review, documented in a letter to AREVA Inc.
dated August 31, 2016 (ADAMS Accession No. ML16243A499), found the
application acceptable to begin a more detailed technical review. If
the application is granted, all of the above referenced licenses would
be amended for administrative purposes to reflect the new corporate
names.
If the July 25, 2016, request is granted, the NRC licenses would be
amended to reflect the licensees' new names and reorganized ownership.
Before such license amendments are issued, the NRC will have made the
findings required by the AEA and the NRC's regulations. The required
findings would be documented in a Safety Evaluation Report, and any
necessary NRC orders would be issued. An environmental review of the
proposed action will not be performed because, pursuant to 10 CFR
51.22(c)(21), license transfer approvals and associated license
amendments are categorically excluded from the requirement to perform
an environmental review.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Any person whose interest may be affected by this proposed action
and who seeks an NRC hearing regarding the proposed action must file a
request for a hearing and a petition to intervene (petition) within 20
days after the date of publication of this notice, pursuant to 10 CFR
2.309(b)(1). Petitions 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 at One White Flint North,
Room O1-F21, 11555 Rockville Pike (first floor), 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 petition is filed within 20 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 petition; and the Secretary or the Chief
Administrative Judge of the Atomic Safety and Licensing Board will
issue a notice of a hearing or an appropriate order. Additionally, the
petition must be filed in accordance with the filing instructions in
the ``Electronic Submissions (E-Filing)'' section of this document.
As required by 10 CFR 2.309, a petition 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
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
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 petitioner's interest. The petition
must also set forth the specific contentions which the 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 which 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 to support
its position on the issue. 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 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 the NRC's regulations, policies, and procedures.
Petitions for leave to intervene must be filed no later than 20
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 20-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), and 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
[[Page 62183]]
conference, subject to the limits and conditions as may be imposed by
the presiding officer. Details regarding the opportunity to make a
limited appearance will be provided by the presiding officer if such
sessions are scheduled.
IV. 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 (hereinafter
``petition''), 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, as amended at 77
FR 46562, August 3, 2012). 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 petition (even
in instances in which the participant, or its counsel or
representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an electronic
docket for the hearing in this proceeding if the Secretary has not
already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are available on the NRC's public Web site at
https://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be
able to offer assistance in using unlisted software.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a petition.
Submissions should be in Portable Document Format (PDF). Additional
guidance on PDF submissions is available on the NRC's public Web site
at https://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic
Filing 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 Electronic Filing Help Desk is available between 9 a.m.
and 7 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
stating why there is good cause for not filing electronically and
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, in some instances, a petition 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.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
VI. Opportunity To Provide Written Comments
Pursuant to 10 CFR 2.1305, as an alternative to requesting a
hearing, persons may submit written comments regarding the license
transfer applications. Any such comments should be submitted within 30
days from the date of publication of this notice, in accordance with 10
CFR 2.1305(b). The Commission will consider and, if appropriate,
respond to these comments, but such comments will not otherwise
constitute part of the decisional record. Comments should be
[[Page 62184]]
submitted as described in the ADDRESSES section of this document.
Dated at Rockville, Maryland, this 1st day of September, 2016.
For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-21472 Filed 9-7-16; 8:45 am]
BILLING CODE 7590-01-P