Rhode Island Atomic Energy Commission; Rhode Island Nuclear Science Center Reactor, 73148-73153 [2016-25607]
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Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Notices
public. The meeting is scheduled on
October 20, 2016.
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The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
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The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0739, by
videophone at 240–428–3217, or by
email at Kimberly.MeyerChambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
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Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or email
Brenda.Akstulewicz@nrc.gov or
Patricia.Jimenez@nrc.gov.
Dated: October 20, 2016.
Glenn Ellmers,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2016–25749 Filed 10–20–16; 11:15 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–193; NRC–2016–0213]
Rhode Island Atomic Energy
Commission; Rhode Island Nuclear
Science Center Reactor
Nuclear Regulatory
Commission.
ACTION: License renewal application;
opportunity to request a hearing and to
petition for leave to intervene, order
imposing procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of Facility
Operating License No. R–95, which
currently authorizes the Rhode Island
Atomic Energy Commission (RIAEC or
the licensee) to operate the Rhode Island
Nuclear Science Center (RINSC) reactor
at a maximum steady-state thermal
power of 2 megawatts (MW). The RINSC
reactor is a plate type fueled research
reactor located at the University of
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SUMMARY:
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Rhode Island Narragansett Bay Campus,
in Narragansett, Rhode Island. If
approved, the renewed license would
authorize the licensee to operate the
RINSC reactor up to a steady-state
thermal power of 2 MW for an
additional 20 years from the date of
issuance of the renewed license.
Because the license renewal application
contains sensitive unclassified nonsafeguards information (SUNSI), an
order imposes procedures to obtain
access to SUNSI for contention
preparation.
A request for a hearing or
petition for leave to intervene must be
filed by December 23, 2016. Any
potential party as defined in § 2.4 of title
10 of the Code of Federal Regulations
(10 CFR), who believes access to SUNSI
is necessary to respond to this notice
must request document access by
November 3, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0213 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–2016–0213. 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 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. For the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of Documents’’
section of this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852
FOR FURTHER INFORMATION CONTACT:
Patrick Boyle, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
DATES:
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0001; telephone: 301–415–3936; email:
Patrick.Boyle@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering an
application for the renewal of Facility
Operating License No. R–95, which
authorizes the licensee to operate the
RINSC reactor, located at the University
of Rhode Island Narragansett Bay
Campus, at a maximum steady-state
thermal power of 2 MW. The renewed
license would authorize the licensee to
operate the RINSC reactor up to a
steady-state thermal power of 2 MW for
an additional 20 years from the date of
issuance of the renewed license.
By letter dated May 3, 2004, and as
supplemented by various letters
referenced in Section IV, ‘‘Availability
of Documents’’ of this notice, the NRC
received an application from the
licensee filed pursuant to § 50.51(a) to
renew Facility Operating License No. R–
95 for the RINSC reactor. The
application contains SUNSI.
Based on its initial review of the
application, the NRC staff determined
that the licensee submitted sufficient
information in accordance with §§ 50.33
and 50.34 and that the application is
acceptable for docketing. The current
docket, Docket No. 50–193, for Facility
Operating License No. R–95 will be
retained. The docketing of the renewal
application does not preclude requests
for additional information as the review
proceeds, nor does it predict whether
the Commission will grant or deny the
requested renewed license. Prior to a
decision to renew the license, the
Commission will make findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
Commission’s rules and regulations.
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
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and a petition to intervene
(petition) with respect to the action.
Petitions shall be filed in accordance
with the Commission’s ‘‘Agency Rules
of Practice and Procedure’’ in 10 CFR
part 2. Interested persons 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/doccollections/cfr/. If a petition is filed
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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 petition, and the Secretary
or the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel will issue a notice of hearing or
an appropriate order.
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
proceeding. 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,
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including the opportunity to present
evidence and request permission to
cross-examine witnesses, consistent
with the NRC’s regulations, policies,
and procedures.
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
December 23, 2016. 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 set forth in
this section, except that under 10 CFR
2.309(h)(2) a State, local governmental
body, or Federally-recognized Indian
Tribe, or agency thereof does not need
to address the standing requirements in
10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local
governmental body, Federallyrecognized Indian Tribe, or agency
thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish, or is not qualified,
to become a party to the proceeding
may, in the discretion of the presiding
officer, be permitted to make a limited
appearance pursuant to the provisions
of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or
written statement of position on the
issues, but may not otherwise
participate in the proceeding. A limited
appearance may be made at any session
of the hearing or at any prehearing
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.
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
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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
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
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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/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, 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.
IV. Availability of Documents
Documents related to this action,
including the license renewal
application and other supporting
documentation are available to
interested persons as indicated.
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Document
ADAMS Accession No.
‘‘Rhode Island Atomic Energy Commission—‘Requesting Renewal of Operating License R–095 (Enclosure 2)’ [REDACTED Safety Analysis Report],’’ May 3, 2004.
‘‘Rhode Island Atomic Energy Commission, Requesting Renewal of Operating License R–095,’’ May 3, 2004 .........
‘‘Rhode Island Atomic Energy Commission, Request for Additional Information Re: The Rhode Island Nuclear
Science Center Reactor License Renewal (Tac ME1598),’’ November 24, 2009.
‘‘Response to Request for Additional Information Concerning Plans for Decommissioning Facility at the End of
Useful Life Ref Item 3 Parts a, b, and c,’’ January 19, 2010.
‘‘Rhode Island Nuclear Science Center Reactor Submittal of Response to Request for Additional Information Re License Renewal,’’ August 6, 2010.
‘‘Responding to Requests for Additional Information (RAI) regarding our Analysis of the Maximum Hypothetical Accident (MHA) for Renewal of License R–95,’’ August 18, 2010.
‘‘Memorandum Steady-State Thermal-Hydraulic Analysis for Forced-Convective Flow in the Rhode Island Nuclear
Science (RINSC) Reactor,’’ September 3, 2010.
‘‘Rhode Island Atomic Energy Commission, Fourth Response to Request for Additional Information dated April 23,
2010 (Redacted),’’ September 8, 2010.
‘‘Rhode Island Atomic Energy Commission Fifth Response to April 13, 2010 Request for Additional Information
(Regarding License Renewal redacted),’’ November 26, 2010.
‘‘Rhode Island Atomic Energy Commission—Response to Requests for Additional Information Regarding Aging
Issues Raised in RAIs,’’ December 7, 2010.
‘‘Rhode Island Atomic Energy Commission Response to April 13, 2010, Request for Additional Information Regarding License Renewal Technical Specifications (Redacted),’’ December 14, 2010.
‘‘Reply to your Request for Additional Information (RAI) dated April 13, 2010, regarding License Renewal for the
Rhode Island Nuclear Science Center Reactor (RINSC),’’ January 24, 2011.
‘‘Letter re: Request for Additional Information dated April 13, 2010 Regarding License Renewal for the Rhode Island Nuclear Science Center Reactor (RINSC),’’ February 24, 2011.
‘‘Rhode Island Atomic Energy Commission Response to Request for Additional Information Regarding License Renewal,’’ July 15, 2011.
‘‘Rhode Island Atomic Energy Commission Tenth Response to the April 13, 2010, Request for Additional Information Regarding License Renewal (Redacted),’’ July 15, 2011.
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Document
ADAMS Accession No.
‘‘Rhode Island Atomic Energy Commission Responses to Request for Additional Information Regarding License
Renewal (Redacted),’’ July 15, 2011.
‘‘Rhode Island Nuclear Science Center Tenth Response to NRC Request for Additional Information dated April 13,
2010, Pages 126 Through 204,’’ July 15, 2011.
‘‘Rhode Island Atomic Energy Commission—Request for Additional Information Regarding the Rhode Island Nuclear Sciences Center Reactor License Renewal (TAC No. ME1598),’’ December 17, 2012.
‘‘Response to NRC’s Request for Additional Information Regarding Rhode Island Nuclear Science Center Reactor
License Renewal,’’ March 15, 2013.
‘‘Response to NRC’s Request for Additional Information Regarding Rhode Island Nuclear Science Center Reactor
License Renewal,’’ March 15, 2013.
‘‘Response to NRC’s Request for Additional Information Regarding Rhode Island Nuclear Science Center Reactor
License Renewal, Proposed Technical Specification 130314,’’ March 15, 2013.
‘‘Response to Request for Additional Information Regarding Financial Qualifications for the RINSC Reactor License
Renewal,’’ September 16, 2013.
‘‘Rhode Island Atomic Energy Commission License Renewal Historical Resource Impact Response Letter,’’ December 19, 2013.
‘‘Rhode Island Atomic Energy Commission—Request For Additional Information Regarding Financial Qualifications
For The Rhode Island Nuclear Science Center Reactor License Renewal,’’ January 9, 2014.
‘‘Response to Request for Additional Information Regarding Requalification Plan for the RINSC Reactor License
Renewal,’’ February 24, 2014.
‘‘Compilation of All Submitted Requests for Additional Information for the Rhode Island Nuclear Science Center
Reactor License Renewal. Part 1 of 3,’’ April 28, 2014.
‘‘Rhode Island Atomic Energy Commission Consolidated Responses to Request for Additional Information Regarding License Renewal. Part 2 of 3 (Redacted),’’ April 28, 2014.
‘‘Compilation of All Submitted Requests for Additional Information for the Rhode Island Nuclear Science Center
Reactor License Renewal. Part 3 of 3,’’ April 28, 2014.
‘‘Rhode Island Nuclear Science Center Reactor—Updated Proposed Technical Specifications,’’ June 30, 2014 .......
‘‘Rhode Island Nuclear Science Center Updated Technical Specifications,’’ August 7, 2015 ......................................
‘‘Rhode Island Nuclear Science Center Submittal of Updated Proposed Technical Specification,’’ August 11, 2015
‘‘Summary of Changes to the Proposed Technical Specifications,’’ August 11, 2015 ..................................................
‘‘Contractor Comments and Responses,’’ August 11, 2015 ..........................................................................................
‘‘Rhode Island, Request for Additional Information,’’ September 3, 2015 .....................................................................
‘‘Rhode Island Nuclear Science Center Transient Analyses Revised January 20, 2016,’’ January 20, 2016 ..............
‘‘Rhode Island Nuclear Science Center Technical Specifications,’’ February 26, 2016 ................................................
‘‘Rhode Island Atomic Energy Commission—Response to Requests for Additional Information dated September 3,
2015,’’ March 1, 2016.
‘‘Fuel Failure Addendum 160229,’’ March 1, 2016 ........................................................................................................
‘‘New Transient Analysis Results 160226,’’ March 1, 2016 ...........................................................................................
‘‘150903 RAI Responses 160301,’’ March 1, 2016 ........................................................................................................
‘‘Core Change Summary for Conversion from RINSC LEU Core #5 to LEU Core #6,’’ March 1, 2016 ......................
‘‘[RINSC] Fuel Failure Analysis [Dose Table],’’ March 1, 2016 .....................................................................................
Portions of the license renewal
application and its supporting
documents contain SUNSI. These
portions will not be available to the
public. Any person requesting access to
SUNSI must follow the procedures
described in the Order below.
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Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing SUNSI.
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request such access. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
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submitted later than 10 days after
publication of this notice will not be
considered absent a showing of good
cause for the late filing, addressing why
the request could not have been filed
earlier.
C. The requester shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The email address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
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OGCmailcenter@nrc.gov, respectively.1
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); and
(3) The identity of the individual or
entity requesting access to SUNSI and
the requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
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basis and specificity for a proffered
contention.
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the date the petitioner is
granted access to the information and
the deadline for filing all other
contentions (as established in the notice
of hearing or opportunity for hearing),
the petitioner may file its SUNSI
contentions by that later deadline. This
provision does not extend the time for
filing a request for a hearing and
petition to intervene, which must
comply with the requirements of 10 CFR
2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff after a
determination on standing and need for
access, the NRC staff shall immediately
notify the requestor in writing, briefly
stating the reason or reasons for the
denial.
(2) The requestor may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
the presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) officer if that officer has
been designated to rule on information
access issues.
H. Review of Grants of Access. A party
other than the requestor may challenge
an NRC staff determination granting
access to SUNSI whose release would
harm that party’s interest independent
of the proceeding. Such a challenge
must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have proposed
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
Attachment 1 to the Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 19th day
of October, 2016.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/Activity
0 ........................
Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information). If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
10 ......................
60 ......................
20 ......................
sradovich on DSK3GMQ082PROD with NOTICES
25 ......................
30 ......................
40 ......................
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
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17:42 Oct 21, 2016
Jkt 241001
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007, as amended at 77 FR
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
46562; August 3, 2012) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\24OCN1.SGM
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Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Notices
73153
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/Activity
A .......................
If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
A + 3 .................
A + 28 ...............
A + 53 ...............
A + 60 ...............
>A + 60 .............
[FR Doc. 2016–25607 Filed 10–21–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–274; NRC–2015–0284]
United States Department of the
Interior; United States Geological
Survey TRIGA Research Reactor
Nuclear Regulatory
Commission.
ACTION: License renewal; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a renewal of
Facility Operating License No. R–113,
held by the United States Geological
Survey (USGS or the licensee), for the
continued operation of its USGS
Training, Research, Isotope Production,
General Atomics (TRIGA) research
reactor (GSTR or the reactor) at a steadystate power level of 1.0 megawatt (MW)
and a pulse power level as provided in
the licensee’s Technical Specifications,
for an additional 20 years. The GSTR
facility is located on the property of the
Denver Federal Center in Lakewood,
Colorado.
DATES: The operating license renewal
No. R–113 is effective on October 14,
2016.
ADDRESSES: Please refer to Docket ID
NRC–2015–0284 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–2015–0284. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:42 Oct 21, 2016
Jkt 241001
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 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 available in
ADAMS) is provided the first time that
a document is referenced. In addition,
for the convenience of the reader, the
ADAMS accession numbers are
provided in a table in the ‘‘Availability
of Documents’’ section of this
document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Geoffrey A. Wertz, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
0893; email: Geoffrey.Wertz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC has issued renewed Facility
Operating License No. R–113, held by
the USGS, which authorizes continued
operation of the USGS GSTR, located in
the Denver Federal Center in Lakewood,
Colorado. The GSTR is heterogeneous
pool-type, natural convection, light-
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
water cooled, and shielded TRIGA
reactor. The GSTR is licensed to operate
at a steady-state power level of 1,000
kilowatts thermal power and to pulse
the reactor with a maximum reactivity
insertion of $3.00. The renewed Facility
Operating License No. R–113 will expire
20 years from its date of issuance.
The renewed facility operating license
complies with the standards and
requirements of the Atomic Energy Act
of 1954, as amended (the Act), and the
Commission’s rules and regulations.
The Commission has made appropriate
findings as required by the Act and the
Commission’s regulations in chapter I of
title 10 of the Code of Federal
Regulations, and sets forth those
findings in the renewed facility
operating license. The NRC afforded an
opportunity for hearing in the Notice of
Opportunity for Hearing published in
the Federal Register on February 5,
2016 (81 FR 6302). The NRC received no
request for a hearing or petition for
leave to intervene following the notice.
The NRC staff prepared a safety
evaluation report for the renewal of
Facility Operating License No. R–113
and concluded, based on that
evaluation, that the licensee can
continue to operate the facility without
endangering the health and safety of the
public. The NRC staff also prepared an
Environmental Assessment and Finding
of No Significant Impact for the renewal
of the facility operating license, noticed
in the Federal Register on June 14, 2016
(81 FR 38739), and concluded that
renewal of the facility operating license
will not have a significant impact on the
quality of the human environment.
II. Availability of Documents
The documents identified in the
following table are available to
interested persons as indicated.
E:\FR\FM\24OCN1.SGM
24OCN1
]]>Agencies
[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73148-73153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25607]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-193; NRC-2016-0213]
Rhode Island Atomic Energy Commission; Rhode Island Nuclear
Science Center Reactor
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; opportunity to request a hearing
and to petition for leave to intervene, order imposing procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of Facility Operating License No. R-95,
which currently authorizes the Rhode Island Atomic Energy Commission
(RIAEC or the licensee) to operate the Rhode Island Nuclear Science
Center (RINSC) reactor at a maximum steady-state thermal power of 2
megawatts (MW). The RINSC reactor is a plate type fueled research
reactor located at the University of Rhode Island Narragansett Bay
Campus, in Narragansett, Rhode Island. If approved, the renewed license
would authorize the licensee to operate the RINSC reactor up to a
steady-state thermal power of 2 MW for an additional 20 years from the
date of issuance of the renewed license. Because the license renewal
application contains sensitive unclassified non-safeguards information
(SUNSI), an order imposes procedures to obtain access to SUNSI for
contention preparation.
DATES: A request for a hearing or petition for leave to intervene must
be filed by December 23, 2016. Any potential party as defined in Sec.
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who
believes access to SUNSI is necessary to respond to this notice must
request document access by November 3, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0213 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-2016-0213. 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. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852
FOR FURTHER INFORMATION CONTACT: Patrick Boyle, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3936; email: Patrick.Boyle@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering an application for the renewal of Facility
Operating License No. R-95, which authorizes the licensee to operate
the RINSC reactor, located at the University of Rhode Island
Narragansett Bay Campus, at a maximum steady-state thermal power of 2
MW. The renewed license would authorize the licensee to operate the
RINSC reactor up to a steady-state thermal power of 2 MW for an
additional 20 years from the date of issuance of the renewed license.
By letter dated May 3, 2004, and as supplemented by various letters
referenced in Section IV, ``Availability of Documents'' of this notice,
the NRC received an application from the licensee filed pursuant to
Sec. 50.51(a) to renew Facility Operating License No. R-95 for the
RINSC reactor. The application contains SUNSI.
Based on its initial review of the application, the NRC staff
determined that the licensee submitted sufficient information in
accordance with Sec. Sec. 50.33 and 50.34 and that the application is
acceptable for docketing. The current docket, Docket No. 50-193, for
Facility Operating License No. R-95 will be retained. The docketing of
the renewal application does not preclude requests for additional
information as the review proceeds, nor does it predict whether the
Commission will grant or deny the requested renewed license. Prior to a
decision to renew the license, the Commission will make findings
required by the Atomic Energy Act of 1954, as amended (the Act), and
the Commission's rules and regulations.
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 (petitioner) whose interest may be affected by this action may
file a request for a hearing and a petition to intervene (petition)
with respect to the action. Petitions shall be filed in accordance with
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR
part 2. Interested persons 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
[[Page 73149]]
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 petition, and the Secretary
or the Chief Administrative Judge of the Atomic Safety and Licensing
Board Panel will issue a notice of hearing or an appropriate order.
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 proceeding. 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 request
permission to cross-examine witnesses, consistent with the NRC's
regulations, policies, and procedures.
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 December 23, 2016. 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 set forth in this section, except that under 10 CFR
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. Details regarding the opportunity to
make a limited appearance will be provided by the presiding officer if
such sessions are scheduled.
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 (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
[[Page 73150]]
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, 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.
IV. Availability of Documents
Documents related to this action, including the license renewal
application and other supporting documentation are available to
interested persons as indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
``Rhode Island Atomic Energy ML14038A386
Commission--`Requesting Renewal
of Operating License R-095
(Enclosure 2)' [REDACTED Safety
Analysis Report],'' May 3, 2004.
``Rhode Island Atomic Energy ML041270519
Commission, Requesting Renewal
of Operating License R-095,''
May 3, 2004.
``Rhode Island Atomic Energy ML093270017
Commission, Request for
Additional Information Re: The
Rhode Island Nuclear Science
Center Reactor License Renewal
(Tac ME1598),'' November 24,
2009.
``Response to Request for ML100270176
Additional Information
Concerning Plans for
Decommissioning Facility at the
End of Useful Life Ref Item 3
Parts a, b, and c,'' January 19,
2010.
``Rhode Island Nuclear Science ML102240257
Center Reactor Submittal of
Response to Request for
Additional Information Re
License Renewal,'' August 6,
2010.
``Responding to Requests for ML102360440
Additional Information (RAI)
regarding our Analysis of the
Maximum Hypothetical Accident
(MHA) for Renewal of License R-
95,'' August 18, 2010.
``Memorandum Steady-State Thermal- ML16062A376
Hydraulic Analysis for
Forced[dash]Convective Flow in
the Rhode Island Nuclear Science
(RINSC) Reactor,'' September 3,
2010.
``Rhode Island Atomic Energy ML16279A516
Commission, Fourth Response to
Request for Additional
Information dated April 23, 2010
(Redacted),'' September 8, 2010.
``Rhode Island Atomic Energy ML16279A518
Commission Fifth Response to
April 13, 2010 Request for
Additional Information
(Regarding License Renewal
redacted),'' November 26, 2010.
``Rhode Island Atomic Energy ML103490242
Commission--Response to Requests
for Additional Information
Regarding Aging Issues Raised in
RAIs,'' December 7, 2010.
``Rhode Island Atomic Energy ML16279A519
Commission Response to April 13,
2010, Request for Additional
Information Regarding License
Renewal Technical Specifications
(Redacted),'' December 14, 2010.
``Reply to your Request for ML110320416
Additional Information (RAI)
dated April 13, 2010, regarding
License Renewal for the Rhode
Island Nuclear Science Center
Reactor (RINSC),'' January 24,
2011.
``Letter re: Request for ML110600699
Additional Information dated
April 13, 2010 Regarding License
Renewal for the Rhode Island
Nuclear Science Center Reactor
(RINSC),'' February 24, 2011.
``Rhode Island Atomic Energy ML11202A287
Commission Response to Request
for Additional Information
Regarding License Renewal,''
July 15, 2011.
``Rhode Island Atomic Energy ML16279A520
Commission Tenth Response to the
April 13, 2010, Request for
Additional Information Regarding
License Renewal (Redacted),''
July 15, 2011.
[[Page 73151]]
``Rhode Island Atomic Energy ML16279A521
Commission Responses to Request
for Additional Information
Regarding License Renewal
(Redacted),'' July 15, 2011.
``Rhode Island Nuclear Science ML11202A290
Center Tenth Response to NRC
Request for Additional
Information dated April 13,
2010, Pages 126 Through 204,''
July 15, 2011.
``Rhode Island Atomic Energy ML121350815
Commission--Request for
Additional Information Regarding
the Rhode Island Nuclear
Sciences Center Reactor License
Renewal (TAC No. ME1598),''
December 17, 2012.
``Response to NRC's Request for ML13080A361
Additional Information Regarding
Rhode Island Nuclear Science
Center Reactor License
Renewal,'' March 15, 2013.
``Response to NRC's Request for ML13080A362
Additional Information Regarding
Rhode Island Nuclear Science
Center Reactor License
Renewal,'' March 15, 2013.
``Response to NRC's Request for ML13080A364
Additional Information Regarding
Rhode Island Nuclear Science
Center Reactor License Renewal,
Proposed Technical Specification
130314,'' March 15, 2013.
``Response to Request for ML13260A474
Additional Information Regarding
Financial Qualifications for the
RINSC Reactor License Renewal,''
September 16, 2013.
``Rhode Island Atomic Energy ML14006A420
Commission License Renewal
Historical Resource Impact
Response Letter,'' December 19,
2013.
``Rhode Island Atomic Energy ML14007A728
Commission--Request For
Additional Information Regarding
Financial Qualifications For The
Rhode Island Nuclear Science
Center Reactor License
Renewal,'' January 9, 2014.
``Response to Request for ML14057A639
Additional Information Regarding
Requalification Plan for the
RINSC Reactor License Renewal,''
February 24, 2014.
``Compilation of All Submitted ML14126A192
Requests for Additional
Information for the Rhode Island
Nuclear Science Center Reactor
License Renewal. Part 1 of 3,''
April 28, 2014.
``Rhode Island Atomic Energy ML16279A523
Commission Consolidated
Responses to Request for
Additional Information Regarding
License Renewal. Part 2 of 3
(Redacted),'' April 28, 2014.
``Compilation of All Submitted ML14126A195
Requests for Additional
Information for the Rhode Island
Nuclear Science Center Reactor
License Renewal. Part 3 of 3,''
April 28, 2014.
``Rhode Island Nuclear Science ML14184B361
Center Reactor--Updated Proposed
Technical Specifications,'' June
30, 2014.
``Rhode Island Nuclear Science ML15223A953
Center Updated Technical
Specifications,'' August 7, 2015.
``Rhode Island Nuclear Science ML15223A952
Center Submittal of Updated
Proposed Technical
Specification,'' August 11, 2015.
``Summary of Changes to the ML15223A954
Proposed Technical
Specifications,'' August 11,
2015.
``Contractor Comments and ML15223A955
Responses,'' August 11, 2015.
``Rhode Island, Request for ML15243A011
Additional Information,''
September 3, 2015.
``Rhode Island Nuclear Science ML16062A378
Center Transient Analyses
Revised January 20, 2016,''
January 20, 2016.
``Rhode Island Nuclear Science ML16062A380
Center Technical
Specifications,'' February 26,
2016.
``Rhode Island Atomic Energy ML16062A373
Commission--Response to Requests
for Additional Information dated
September 3, 2015,'' March 1,
2016.
``Fuel Failure Addendum 160229,'' ML16062A381
March 1, 2016.
``New Transient Analysis Results ML16062A379
160226,'' March 1, 2016.
``150903 RAI Responses 160301,'' ML16062A374
March 1, 2016.
``Core Change Summary for ML16062A375
Conversion from RINSC LEU Core
#5 to LEU Core #6,'' March 1,
2016.
``[RINSC] Fuel Failure Analysis ML16062A382
[Dose Table],'' March 1, 2016.
------------------------------------------------------------------------
Portions of the license renewal application and its supporting
documents contain SUNSI. These portions will not be available to the
public. Any person requesting access to SUNSI must follow the
procedures described in the Order below.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication of this notice will not
be considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the
[[Page 73152]]
basis and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
---------------------------------------------------------------------------
\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012) apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have proposed contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to the Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 19th day of October, 2016.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in this Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information). If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requestor to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
[[Page 73153]]
A........................ If access granted: issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
------------------------------------------------------------------------
[FR Doc. 2016-25607 Filed 10-21-16; 8:45 am]
BILLING CODE 7590-01-P
