License Modification Order: Fansteel, Inc. and FMRI (a Subsidiary of Reorganized Fansteel), 34707-34711 [2017-15367]

Download as PDF Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices Tentative ISS Stakeholder Workshop Agenda 8:30–12:00 Open Session. Welcome, Objectives, Presentations. 12:00–1:00 Lunch (on your own) 1:00–3:00 Breakout Sessions Round #1 3:00–5:00 Breakout Sessions Round #2 5:00–6:00 Outbriefs and Summary Jacob Keaton, International Space Station, NASA Headquarters. [FR Doc. 2017–15651 Filed 7–25–17; 8:45 am] BILLING CODE 7510–13–P NUCLEAR REGULATORY COMMISSION [NRC–2017–0001] Sunshine Act Meeting Notice Weeks of July 24, 31, August 7, 14, 21, 28, 2017. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. DATE: Week of July 24, 2017 There are no meetings scheduled for the week of July 24, 2017. Week of July 31, 2017—Tentative There are no meetings scheduled for the week of July 31, 2017. Week of August 7, 2017—Tentative There are no meetings scheduled for the week of August 7, 2017. 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.Meyer-Chambers@ nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * 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: July 21, 2017. Denise L. McGovern, Policy Coordinator, Office of the Secretary. [FR Doc. 2017–15776 Filed 7–24–17; 11:15 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 040–7580; EA–17–102; NRC– 2017–0165] License Modification Order: Fansteel, Inc. and FMRI (a Subsidiary of Reorganized Fansteel) Week of August 21, 2017—Tentative There are no meetings scheduled for the week of August 21, 2017. mstockstill on DSK30JT082PROD with NOTICES Week of August 14, 2017—Tentative There are no meetings scheduled for the week of August 14, 2017. AGENCY: Week of August 28, 2017—Tentative There are no meetings scheduled for the week of August 28, 2017. * * * * * The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301–415–0681 or via email at Denise.McGovern@nrc.gov. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/public-involve/ public-meetings/schedule.html. * * * * * SUMMARY: VerDate Sep<11>2014 17:49 Jul 25, 2017 Jkt 241001 Nuclear Regulatory Commission. ACTION: Order; issuance. The U.S. Nuclear Regulatory Commission (NRC) is issuing an Immediately Effective Order to Fansteel, Inc. and FMRI (a subsidiary of Reorganized Fansteel). The Order modifies License No. SMB–911 to include ‘‘Fansteel, Inc.’’ as a co-Licensee with ‘‘FMRI (a subsidiary of Fansteel)’’ for the complex decommissioning site in Muskogee, Oklahoma. The Order also requires amendment of the Decommissioning Plan to reflect ‘‘Fansteel’’ as a co-licensee and requires Fansteel and FMRI to take any and all actions necessary at the Muskogee site to ensure adequate protection of public health and safety. The NRC issued the PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 34707 Order in response to the imminent risk that FMRI will abandon the Muskogee site. DATES: The Order was issued on July 14, 2017. Please refer to Docket ID NRC–2017–0165 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 http://www.regulations.gov and search for Docket ID NRC–2017–0165. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For questions about this Order, 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 http://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. ADDRESSES: Greg Chapman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 8718; email: Gregory.Chapman@nrc.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this July 17, 2017. For the Nuclear Regulatory Commission. John R. Tappert, Director, Division of Decommissioning, Uranium Recovery, and Waste Programs Office of Nuclear Material Safety and Safeguards. E:\FR\FM\26JYN1.SGM 26JYN1 34708 Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of FMRI (a subsidiary of Reorganized Fansteel) and Fansteel, Inc. Muskogee, Oklahoma Docket No. 040–7580 License No. SMB–911 EA–17–102 ORDER MODIFYING LICENSE (IMMEDIATELY EFFECTIVE) I FMRI, a subsidiary of Reorganized Fansteel, Inc. (‘‘Fansteel’’) (‘‘Licensee’’) is the current holder of Byproduct/ Source/Special Nuclear Material License No. SMB–911 (‘‘License’’) issued by the Nuclear Regulatory Commission (‘‘NRC’’) pursuant to 10 CFR part 40, ‘‘Domestic Licensing of Source Material.’’ The License authorizes possession of source material consisting of up to 400 tons of natural uranium and thorium in any form at the Muskogee, Oklahoma site, where Fansteel operated a rare metal extraction facility until December 1989. The License further authorizes activities related to decommissioning and characterization of contaminated facilities, equipment, and land, and maintenance of control over licensed materials in accordance with statements, representations, and conditions contained in the application submitted by letter dated January 14, 2003 (ML030280438), and supplemented by letters dated May 8, 2003 (ML031340606), July 24, 2003 (ML032100533, re: Decommissioning Plan), July 24, 2003 (ML032100585, re: license transfer); and by letter dated July 6, 2006 (ML061930111), and supplemented by letters dated August 31, 2006 (ML070740112) and May 24, 2007 (ML071560249). The License, originally issued in 1967, expired on September 30, 2002 although it has continued, in effect, in accordance with 10 CFR 40.42(c). mstockstill on DSK30JT082PROD with NOTICES II The Muskogee site currently contains contaminated material in the form of uranium, thorium, and their decaychain progeny. This contamination is located in process equipment and buildings, soil, sludge, and groundwater. As the holder of License No. SMB–911, FMRI is responsible for decontaminating the Muskogee site by conducting characterization, remediation, and other decommissioning activities in VerDate Sep<11>2014 17:49 Jul 25, 2017 Jkt 241001 accordance with both the NRC-approved 2003 Decommissioning Plan (‘‘Decommissioning Plan’’) and supplemental correspondence with the NRC staff relating to the Decommissioning Plan. Fansteel is the current record owner of approximately 80 acres of the Muskogee site, including the contaminated portion of the site. Currently, the only Director and the President, Secretary, and Treasurer of FMRI is Mr. Robert Compernolle, the Vice President and Corporate Controller of Fansteel. In a letter dated July 6, 2017 from Mr. Robert Compernolle (FMRI) to the NRC (‘‘Compernolle Letter’’) (ML17193A341), FMRI stated that it has not received compliance funding 1 from Fansteel in three months. The letter states that ‘‘FMRI has no money to pay for the continued monthly health and safety costs for the site . . .’’ FMRI also stated that in the near future ‘‘ground water and surface water will no longer be collected and treated in accordance with the NRC License . . .’’ FMRI further indicated that ‘‘surface water will likely overflow from the ponds and untreated ground water will contaminate the Arkansas River.’’ The Compernolle Letter states that there will be no site security ‘‘which may result in . . . potential exposure to radiation in excess of acceptable standards.’’ The abandonment of the Muskogee site creates an exigency that would likely include unacceptable health and safety risks to the public and therefore requires immediate regulatory action by the NRC. Reasonable assurance of adequate protection of the public health and safety and common defense and security are the NRC’s fundamental regulatory mandates under the Atomic Energy Act of 1954, as amended. Compliance with NRC requirements plays a critical role in giving the NRC confidence that licensees are maintaining an adequate level of public health and safety and common defense and security. In situations where licensees cannot demonstrate adequate compliance with NRC regulations, the Commission may act in accordance with its statutory authority under Section 161 of the Atomic Energy Act of 1954, as amended, to require licensees to take action in order to protect health and safety and 1 Previously Fansteel was providing compliance funding (funding necessary to comply with applicable regulatory requirements) pursuant to certain financial instruments. When Fansteel experienced financial challenges in 2013, it entered into a series of agreements with the NRC for reduced compliance funding while still maintaining the health and safety of the site. Fansteel is no longer providing compliance funding. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 common defense and security. In addition, the Commission may institute a proceeding to modify, suspend, or revoke a license or to take such action as may be proper by serving on the licensee or other person subject to the jurisdiction of the Commission an immediately effective order pursuant to 10 CFR 2.202(a). FMRI’s sampling data indicates that the Muskogee site has groundwater contamination that exceeds the effluent concentration limits in Appendix B of 10 CFR part 20, ‘‘Standards for Protection Against Radiation.’’ The 2016 sampling data showed concentrations in some wells being almost double the Appendix B limits, which are based on a 50 mrem/y estimated dose. This contamination is currently collected, treated, and monitored by a water treatment system operated by FMRI staff. The water is then released to the Arkansas River in accordance with Oklahoma Pollutant Discharge Elimination System (OPDES) Permit No. OK0001643. As indicated by the Compernolle Letter, if the site is abandoned, any contaminated groundwater, or surface water runoff, will flow unimpeded, untreated, and unmonitored into the Arkansas River, which is immediately adjacent to the site. The nearest surface water intake from the river is approximately 15 miles downstream of the site. The site also contains several process impoundments (ponds), which contain treated water and radiologically contaminated calcium fluoride (CaF2) material. These ponds need to be maintained because potential liner tears or other occurrences may lead to impoundment failures resulting in a release of radiologically contaminated materials to the environment. Further, the site has radiological contamination in open excavations, equipment, and buildings for which access control is needed to ensure that the public does not inadvertently receive exposures in excess of regulatory limits for the public due to being in close proximity or contact with the materials. Continued staffing at the Muskogee site is needed by personnel who can operate and maintain the water treatment system, maintain the surface impoundments, and otherwise provide site monitoring, maintenance, and security as needed to meet statutory, regulatory, and license requirements. III Fansteel was the original holder of the License. In January 2002, Fansteel filed a petition for bankruptcy in the U.S. Bankruptcy Court for the District of Delaware pursuant to Chapter 11 of the E:\FR\FM\26JYN1.SGM 26JYN1 mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices U.S. Bankruptcy Code (ML020290385). By application to the NRC (ML032100585), Fansteel requested a transfer of the License for the Muskogee site to a subsidiary, FMRI. As part of its Reorganization Plan under Chapter 11, Fansteel proposed to create FMRI to assume the License and complete decommissioning. In its application, Fansteel committed to provide compliance funding mechanisms for FMRI to ensure that FMRI would be qualified to hold the License and be capable of complying with all NRC requirements. The NRC conducted a safety evaluation of Fansteel’s application. The NRC verified that Fansteel had established all necessary compliance funding mechanisms and established FMRI as a separate entity capable of fulfilling the license requirements. The NRC concluded that, based on Fansteel’s commitments, FMRI ‘‘is qualified to be the license holder’’ and that ‘‘transfer of the license to FMRI is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the Commission’’ (ML033080188). Based on this finding, as well as confirmation of Fansteel’s Reorganization Plan, the NRC consented to the license transfer and modified the License to replace Fansteel with FMRI (a subsidiary of Reorganized Fansteel) as the licensee on December 4, 2003 (ML033240133). Pursuant to the Reorganization Plan confirmed by the Bankruptcy Court on December 23, 2003, Fansteel reorganized and created FMRI to fulfill all obligations of the License and the Decommissioning Plan for the Muskogee site. Subsequent to the NRC’s approval of the license transfer and the effective date of the Reorganization Plan, Fansteel has exercised de facto control over radiological substances and thus is subject to the requirements of the Atomic Energy Act. Fansteel has maintained—and currently maintains— de facto control over the day-to-day business of FMRI. As noted above, Fansteel is the current record owner of the contaminated portion of the Muskogee site. Additionally, FMRI had no Board of Directors from 2009 to 2014, and currently Mr. Robert Compernolle, the Vice President and Corporate Controller of Fansteel, is the only director and the President, Secretary, and Treasurer of FMRI. Mr. Compernolle receives compensation from Fansteel, not FMRI. Mr. Compernolle and his predecessor, Mr. E. Jonathan Jackson, have directly controlled and been involved with environmental and regulatory matters with the NRC at the Muskogee site. VerDate Sep<11>2014 17:49 Jul 25, 2017 Jkt 241001 Further, Fansteel has failed to deposit all insurance proceeds for use in decommissioning as required by the Reorganization Plan. Specifically, in 2010 Fansteel failed to deposit into the Decommissioning Trust an approximately $1.25 million insurance settlement related to the Muskogee site. Instead, Fansteel used this insurance settlement to fund its independent operations. In addition, Fansteel siphoned compliance funding from FMRI as numerous payments made by Fansteel to FMRI were rapidly returned by FMRI to Fansteel instead of being used for site remediation activities. In numerous reports submitted to the NRC, FMRI reported that Fansteel had made compliance funding to it when, in fact, Fansteel had not. For all these reasons, Fansteel’s actions following confirmation of the Reorganization Plan (‘‘post confirmation actions’’) have created obligations for Fansteel under the Atomic Energy Act. Fansteel has also failed to fulfill the commitments it made in support of the license transfer. As previously noted, Fansteel failed to deposit all insurance proceeds into the Decommissioning Trust, failed to provide minimum required compliance funding to FMRI, and siphoned compliance funding from FMRI. In 2006 and again in 2007, FMRI applied for withdrawal of funds from the Decommissioning Trust and certified that all funds due to FMRI from Fansteel had been paid when in fact they had not. FMRI was required to replenish the Decommissioning Trust within 30 days of making such withdrawals, yet FMRI did not replenish the Decommissioning Trust. In 2011, 2012, and 2013, Fansteel failed to provide minimum required compliance funding to FMRI, yet in annual reports submitted to the NRC in 2012, 2013, and 2014, FMRI inaccurately stated that such funding had been provided. Fansteel’s post-confirmation conduct has rendered FMRI incapable of compliance with NRC requirements, made FMRI unqualified to be sole Licensee, has put the Muskogee site at imminent risk of abandonment, and requires modification of the License. NRC staff has determined that the protection of public health and safety requires the issuance of this Order adding Fansteel as a co-Licensee of the License. Accordingly, the NRC hereby modifies SMB–911 via this Order to add Fansteel as a co-Licensee for SMB–911. In addition, pursuant to 10 CFR 2.202, ‘‘Orders,’’ the NRC finds that—in light of the likelihood of imminent site abandonment and the associated risks of further radiological contamination—the PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 34709 public health, safety, and interest require that this Order be made immediately effective subject to the conditions provided below. IV Fansteel again filed for bankruptcy pursuant to Chapter 11 of the U.S. Bankruptcy Code in September 2016, this time in the U.S. Bankruptcy Court for the Southern District of Iowa. In re Fansteel, Inc., No. 16–01823–ALS (Bankr. S.D. Iowa) (‘‘Second Bankruptcy’’). Nothing in this Order should be construed to seek collection of any claim or debt or monetary judgment. Rather, the actions required by the NRC under this Order are solely to enforce the NRC’s police or regulatory power as permitted by the police or regulatory exception to the automatic stay, 11 U.S.C. 362(b)(4), and are designed to provide reasonable assurance of adequate protection of public health and safety. The United States on behalf of the NRC has filed a motion in the Second Bankruptcy that is pending and which seeks continued compliance funding by Fansteel of FMRI. If granted and complied with, such compliance funding would allow Fansteel and FMRI to address the most immediate health and safety exigencies at the Muskogee site. This would likely alter the situation reported to the NRC in the Compernolle Letter as described above. However, according to the Compernolle Letter, FMRI’s compliance activities will expire imminently. Therefore, the NRC has lost reasonable assurance of adequate protection of public health and safety with respect to the Muskogee site and finds issuance of this Order necessary. The NRC recognizes that an order of the Second Bankruptcy Court, either on the United States’ pending motion or another motion, may be necessary for Fansteel to use cash collateral to comply with this Order. The NRC further recognizes that additional modifications of this Order may be appropriate in light of any future orders of the Court. V Accordingly, pursuant to Sections 61, 62, 161, 184, 186, and 187 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202 and 10 CFR part 40, IT IS HEREBY ORDERED, EFFECTIVE UPON ISSUANCE, AS FOLLOWS: A. License No. SMB–911 is modified to add Fansteel, Inc. as a co-Licensee. B. All relevant references to ‘‘FMRI’’ in License No. SMB–911 shall be changed to ‘‘Fansteel and FMRI.’’ C. Fansteel and FMRI shall: E:\FR\FM\26JYN1.SGM 26JYN1 34710 Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices mstockstill on DSK30JT082PROD with NOTICES 1. Take any and all actions necessary at the Muskogee site to: (1) Prevent the unauthorized release of radiological contamination into the Arkansas River; (2) collect and treat groundwater and surface water in accordance with all regulatory requirements; (3) secure the Muskogee site to prevent any unintended public exposure to radiation in excess of NRC regulatory requirements; and (4) take any additional actions to ensure the public health and safety. Fansteel’s obligation under this subparagraph during the pendency of the Second Bankruptcy will not become effective if the Second Bankruptcy Court grants the United States’ outstanding motion to comply with environmental health and safety laws and regulations on or before July 18, 2017. In such circumstance, during the pendency of the Second Bankruptcy, Fansteel’s obligations will be governed by the Court’s order. 2. Within 5 days of the issuance of this Order, submit a written report to the NRC describing all steps taken by Fansteel and FMRI to comply with this Order and how they have protected public health and safety. 3. Within 45 days of the issuance of this Order, submit to the NRC an amended Decommissioning Plan that reflects Fansteel as co-Licensee. The Director, Office of Nuclear Material Safety and Safeguards may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensees of good cause. VI In accordance with 10 CFR 2.202, the licensee must, and any other person adversely affected by this Order may, submit an answer to this Order within 30 days of issuance. In addition, the licensee and any other person adversely affected by this Order may request a hearing on this Order within 30 days of issuance. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 001, and include a statement of good cause for the extension. 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), VerDate Sep<11>2014 17:49 Jul 25, 2017 Jkt 241001 must be filed in accordance with the NRC 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. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC’s Web site at http://www.nrc.gov/site-help/ esubmittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 301–415–1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (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 http:// www.nrc.gov/site-help/e-submittals/ getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC’s Public Web site at http://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 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 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 document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s Public Web site at http:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call to 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have 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 adjudicatory documents in this manner are responsible for serving the documents 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:// adams.nrc.gov/ehd/, unless excluded pursuant to an Order of the Commission E:\FR\FM\26JYN1.SGM 26JYN1 mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click ‘‘Cancel’’ when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. 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. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. 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. If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which their interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by the licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the licensee or any other person adversely affected by this Order, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section V above shall be final 30 days from the date this Order is issued without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER. FOR THE NUCLEAR REGULATORY COMMISSION VerDate Sep<11>2014 17:49 Jul 25, 2017 Jkt 241001 Dated this July 14, 2017. Marc L. Dapas, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2017–15367 Filed 7–25–17; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. CP2016–134; CP2016–275; MC2017–159 and CP2017–223] New Postal Products Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: July 28, 2017. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: SUMMARY: Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 34711 establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s Web site (http:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3007.40. The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3010, and 39 CFR part 3020, subpart B. For request(s) that the Postal Service states concern competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comment deadline(s) for each request appear in section II. II. Docketed Proceeding(s) 1. Docket No(s).: CP2016–134; Filing Title: Notice of United States Postal Service of Amendment to Priority Mail Express & Priority Mail Contract 28, with Portions Filed Under Seal; Filing Acceptance Date: July 20, 2017; Filing Authority: 39 U.S.C. 3633 and 39 CFR 3015.5; Public Representative: Katalin K. Clendenin; Comments Due: July 28, 2017. 2. Docket No(s).: CP2016–275; Filing Title: Notice of United States Postal Service of Amendment to Priority Mail Contract 237, with Portions Filed Under Seal; Filing Acceptance Date: July 20, 2017; Filing Authority: 39 U.S.C. 3633 and 39 CFR 3015.5; Public Representative: Jennaca D. Upperman; Comments Due: July 28, 2017. 3. Docket No(s).: MC2017–159 and CP2017–223; Filing Title: Request of the United States Postal Service to Add Priority Mail Express, Priority Mail & First-Class Package Service Contract 20 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors’ Decision, Contract, and Supporting Data; Filing Acceptance Date: July 20, 2017; Filing Authority: 39 U.S.C. 3642 and 39 CFR 3020.30 et seq.; Public Representative: Jennaca D. Upperman; Comments Due: July 28, 2017. E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34707-34711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15367]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-7580; EA-17-102; NRC-2017-0165]


License Modification Order: Fansteel, Inc. and FMRI (a Subsidiary 
of Reorganized Fansteel)

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Immediately Effective Order to Fansteel, Inc. and FMRI (a subsidiary of 
Reorganized Fansteel). The Order modifies License No. SMB-911 to 
include ``Fansteel, Inc.'' as a co-Licensee with ``FMRI (a subsidiary 
of Fansteel)'' for the complex decommissioning site in Muskogee, 
Oklahoma. The Order also requires amendment of the Decommissioning Plan 
to reflect ``Fansteel'' as a co-licensee and requires Fansteel and FMRI 
to take any and all actions necessary at the Muskogee site to ensure 
adequate protection of public health and safety. The NRC issued the 
Order in response to the imminent risk that FMRI will abandon the 
Muskogee site.

DATES: The Order was issued on July 14, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0165 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 http://www.regulations.gov and search for Docket ID NRC-2017-0165. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about this Order, 
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 http://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.

FOR FURTHER INFORMATION CONTACT: Greg Chapman, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-8718; email: 
Gregory.Chapman@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this July 17, 2017.
    For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery, and Waste 
Programs Office of Nuclear Material Safety and Safeguards.

[[Page 34708]]

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

In the Matter of FMRI (a subsidiary of Reorganized Fansteel) and 
Fansteel, Inc.

Muskogee, Oklahoma

Docket No. 040-7580

License No. SMB-911

EA-17-102

ORDER MODIFYING LICENSE

(IMMEDIATELY EFFECTIVE)

I

    FMRI, a subsidiary of Reorganized Fansteel, Inc. (``Fansteel'') 
(``Licensee'') is the current holder of Byproduct/Source/Special 
Nuclear Material License No. SMB-911 (``License'') issued by the 
Nuclear Regulatory Commission (``NRC'') pursuant to 10 CFR part 40, 
``Domestic Licensing of Source Material.'' The License authorizes 
possession of source material consisting of up to 400 tons of natural 
uranium and thorium in any form at the Muskogee, Oklahoma site, where 
Fansteel operated a rare metal extraction facility until December 1989. 
The License further authorizes activities related to decommissioning 
and characterization of contaminated facilities, equipment, and land, 
and maintenance of control over licensed materials in accordance with 
statements, representations, and conditions contained in the 
application submitted by letter dated January 14, 2003 (ML030280438), 
and supplemented by letters dated May 8, 2003 (ML031340606), July 24, 
2003 (ML032100533, re: Decommissioning Plan), July 24, 2003 
(ML032100585, re: license transfer); and by letter dated July 6, 2006 
(ML061930111), and supplemented by letters dated August 31, 2006 
(ML070740112) and May 24, 2007 (ML071560249). The License, originally 
issued in 1967, expired on September 30, 2002 although it has 
continued, in effect, in accordance with 10 CFR 40.42(c).

II

    The Muskogee site currently contains contaminated material in the 
form of uranium, thorium, and their decay-chain progeny. This 
contamination is located in process equipment and buildings, soil, 
sludge, and groundwater. As the holder of License No. SMB-911, FMRI is 
responsible for decontaminating the Muskogee site by conducting 
characterization, remediation, and other decommissioning activities in 
accordance with both the NRC-approved 2003 Decommissioning Plan 
(``Decommissioning Plan'') and supplemental correspondence with the NRC 
staff relating to the Decommissioning Plan. Fansteel is the current 
record owner of approximately 80 acres of the Muskogee site, including 
the contaminated portion of the site. Currently, the only Director and 
the President, Secretary, and Treasurer of FMRI is Mr. Robert 
Compernolle, the Vice President and Corporate Controller of Fansteel.
    In a letter dated July 6, 2017 from Mr. Robert Compernolle (FMRI) 
to the NRC (``Compernolle Letter'') (ML17193A341), FMRI stated that it 
has not received compliance funding \1\ from Fansteel in three months. 
The letter states that ``FMRI has no money to pay for the continued 
monthly health and safety costs for the site . . .'' FMRI also stated 
that in the near future ``ground water and surface water will no longer 
be collected and treated in accordance with the NRC License . . .'' 
FMRI further indicated that ``surface water will likely overflow from 
the ponds and untreated ground water will contaminate the Arkansas 
River.'' The Compernolle Letter states that there will be no site 
security ``which may result in . . . potential exposure to radiation in 
excess of acceptable standards.'' The abandonment of the Muskogee site 
creates an exigency that would likely include unacceptable health and 
safety risks to the public and therefore requires immediate regulatory 
action by the NRC.
---------------------------------------------------------------------------

    \1\ Previously Fansteel was providing compliance funding 
(funding necessary to comply with applicable regulatory 
requirements) pursuant to certain financial instruments. When 
Fansteel experienced financial challenges in 2013, it entered into a 
series of agreements with the NRC for reduced compliance funding 
while still maintaining the health and safety of the site. Fansteel 
is no longer providing compliance funding.
---------------------------------------------------------------------------

    Reasonable assurance of adequate protection of the public health 
and safety and common defense and security are the NRC's fundamental 
regulatory mandates under the Atomic Energy Act of 1954, as amended. 
Compliance with NRC requirements plays a critical role in giving the 
NRC confidence that licensees are maintaining an adequate level of 
public health and safety and common defense and security. In situations 
where licensees cannot demonstrate adequate compliance with NRC 
regulations, the Commission may act in accordance with its statutory 
authority under Section 161 of the Atomic Energy Act of 1954, as 
amended, to require licensees to take action in order to protect health 
and safety and common defense and security. In addition, the Commission 
may institute a proceeding to modify, suspend, or revoke a license or 
to take such action as may be proper by serving on the licensee or 
other person subject to the jurisdiction of the Commission an 
immediately effective order pursuant to 10 CFR 2.202(a).
    FMRI's sampling data indicates that the Muskogee site has 
groundwater contamination that exceeds the effluent concentration 
limits in Appendix B of 10 CFR part 20, ``Standards for Protection 
Against Radiation.'' The 2016 sampling data showed concentrations in 
some wells being almost double the Appendix B limits, which are based 
on a 50 mrem/y estimated dose. This contamination is currently 
collected, treated, and monitored by a water treatment system operated 
by FMRI staff. The water is then released to the Arkansas River in 
accordance with Oklahoma Pollutant Discharge Elimination System (OPDES) 
Permit No. OK0001643. As indicated by the Compernolle Letter, if the 
site is abandoned, any contaminated groundwater, or surface water 
runoff, will flow unimpeded, untreated, and unmonitored into the 
Arkansas River, which is immediately adjacent to the site. The nearest 
surface water intake from the river is approximately 15 miles 
downstream of the site.
    The site also contains several process impoundments (ponds), which 
contain treated water and radiologically contaminated calcium fluoride 
(CaF2) material. These ponds need to be maintained because 
potential liner tears or other occurrences may lead to impoundment 
failures resulting in a release of radiologically contaminated 
materials to the environment. Further, the site has radiological 
contamination in open excavations, equipment, and buildings for which 
access control is needed to ensure that the public does not 
inadvertently receive exposures in excess of regulatory limits for the 
public due to being in close proximity or contact with the materials. 
Continued staffing at the Muskogee site is needed by personnel who can 
operate and maintain the water treatment system, maintain the surface 
impoundments, and otherwise provide site monitoring, maintenance, and 
security as needed to meet statutory, regulatory, and license 
requirements.

III

    Fansteel was the original holder of the License. In January 2002, 
Fansteel filed a petition for bankruptcy in the U.S. Bankruptcy Court 
for the District of Delaware pursuant to Chapter 11 of the

[[Page 34709]]

U.S. Bankruptcy Code (ML020290385). By application to the NRC 
(ML032100585), Fansteel requested a transfer of the License for the 
Muskogee site to a subsidiary, FMRI. As part of its Reorganization Plan 
under Chapter 11, Fansteel proposed to create FMRI to assume the 
License and complete decommissioning. In its application, Fansteel 
committed to provide compliance funding mechanisms for FMRI to ensure 
that FMRI would be qualified to hold the License and be capable of 
complying with all NRC requirements. The NRC conducted a safety 
evaluation of Fansteel's application. The NRC verified that Fansteel 
had established all necessary compliance funding mechanisms and 
established FMRI as a separate entity capable of fulfilling the license 
requirements. The NRC concluded that, based on Fansteel's commitments, 
FMRI ``is qualified to be the license holder'' and that ``transfer of 
the license to FMRI is otherwise consistent with the applicable 
provisions of law, regulations, and orders issued by the Commission'' 
(ML033080188). Based on this finding, as well as confirmation of 
Fansteel's Reorganization Plan, the NRC consented to the license 
transfer and modified the License to replace Fansteel with FMRI (a 
subsidiary of Reorganized Fansteel) as the licensee on December 4, 2003 
(ML033240133). Pursuant to the Reorganization Plan confirmed by the 
Bankruptcy Court on December 23, 2003, Fansteel reorganized and created 
FMRI to fulfill all obligations of the License and the Decommissioning 
Plan for the Muskogee site.
    Subsequent to the NRC's approval of the license transfer and the 
effective date of the Reorganization Plan, Fansteel has exercised de 
facto control over radiological substances and thus is subject to the 
requirements of the Atomic Energy Act. Fansteel has maintained--and 
currently maintains--de facto control over the day-to-day business of 
FMRI. As noted above, Fansteel is the current record owner of the 
contaminated portion of the Muskogee site. Additionally, FMRI had no 
Board of Directors from 2009 to 2014, and currently Mr. Robert 
Compernolle, the Vice President and Corporate Controller of Fansteel, 
is the only director and the President, Secretary, and Treasurer of 
FMRI. Mr. Compernolle receives compensation from Fansteel, not FMRI. 
Mr. Compernolle and his predecessor, Mr. E. Jonathan Jackson, have 
directly controlled and been involved with environmental and regulatory 
matters with the NRC at the Muskogee site. Further, Fansteel has failed 
to deposit all insurance proceeds for use in decommissioning as 
required by the Reorganization Plan. Specifically, in 2010 Fansteel 
failed to deposit into the Decommissioning Trust an approximately $1.25 
million insurance settlement related to the Muskogee site. Instead, 
Fansteel used this insurance settlement to fund its independent 
operations. In addition, Fansteel siphoned compliance funding from FMRI 
as numerous payments made by Fansteel to FMRI were rapidly returned by 
FMRI to Fansteel instead of being used for site remediation activities. 
In numerous reports submitted to the NRC, FMRI reported that Fansteel 
had made compliance funding to it when, in fact, Fansteel had not. For 
all these reasons, Fansteel's actions following confirmation of the 
Reorganization Plan (``post confirmation actions'') have created 
obligations for Fansteel under the Atomic Energy Act.
    Fansteel has also failed to fulfill the commitments it made in 
support of the license transfer. As previously noted, Fansteel failed 
to deposit all insurance proceeds into the Decommissioning Trust, 
failed to provide minimum required compliance funding to FMRI, and 
siphoned compliance funding from FMRI. In 2006 and again in 2007, FMRI 
applied for withdrawal of funds from the Decommissioning Trust and 
certified that all funds due to FMRI from Fansteel had been paid when 
in fact they had not. FMRI was required to replenish the 
Decommissioning Trust within 30 days of making such withdrawals, yet 
FMRI did not replenish the Decommissioning Trust. In 2011, 2012, and 
2013, Fansteel failed to provide minimum required compliance funding to 
FMRI, yet in annual reports submitted to the NRC in 2012, 2013, and 
2014, FMRI inaccurately stated that such funding had been provided.
    Fansteel's post-confirmation conduct has rendered FMRI incapable of 
compliance with NRC requirements, made FMRI unqualified to be sole 
Licensee, has put the Muskogee site at imminent risk of abandonment, 
and requires modification of the License. NRC staff has determined that 
the protection of public health and safety requires the issuance of 
this Order adding Fansteel as a co-Licensee of the License. 
Accordingly, the NRC hereby modifies SMB-911 via this Order to add 
Fansteel as a co-Licensee for SMB-911. In addition, pursuant to 10 CFR 
2.202, ``Orders,'' the NRC finds that--in light of the likelihood of 
imminent site abandonment and the associated risks of further 
radiological contamination--the public health, safety, and interest 
require that this Order be made immediately effective subject to the 
conditions provided below.

IV

    Fansteel again filed for bankruptcy pursuant to Chapter 11 of the 
U.S. Bankruptcy Code in September 2016, this time in the U.S. 
Bankruptcy Court for the Southern District of Iowa. In re Fansteel, 
Inc., No. 16-01823-ALS (Bankr. S.D. Iowa) (``Second Bankruptcy''). 
Nothing in this Order should be construed to seek collection of any 
claim or debt or monetary judgment. Rather, the actions required by the 
NRC under this Order are solely to enforce the NRC's police or 
regulatory power as permitted by the police or regulatory exception to 
the automatic stay, 11 U.S.C. 362(b)(4), and are designed to provide 
reasonable assurance of adequate protection of public health and 
safety.
    The United States on behalf of the NRC has filed a motion in the 
Second Bankruptcy that is pending and which seeks continued compliance 
funding by Fansteel of FMRI. If granted and complied with, such 
compliance funding would allow Fansteel and FMRI to address the most 
immediate health and safety exigencies at the Muskogee site. This would 
likely alter the situation reported to the NRC in the Compernolle 
Letter as described above. However, according to the Compernolle 
Letter, FMRI's compliance activities will expire imminently. Therefore, 
the NRC has lost reasonable assurance of adequate protection of public 
health and safety with respect to the Muskogee site and finds issuance 
of this Order necessary.
    The NRC recognizes that an order of the Second Bankruptcy Court, 
either on the United States' pending motion or another motion, may be 
necessary for Fansteel to use cash collateral to comply with this 
Order. The NRC further recognizes that additional modifications of this 
Order may be appropriate in light of any future orders of the Court.

V

    Accordingly, pursuant to Sections 61, 62, 161, 184, 186, and 187 of 
the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR part 40, IT IS HEREBY ORDERED, 
EFFECTIVE UPON ISSUANCE, AS FOLLOWS:
    A. License No. SMB-911 is modified to add Fansteel, Inc. as a co-
Licensee.
    B. All relevant references to ``FMRI'' in License No. SMB-911 shall 
be changed to ``Fansteel and FMRI.''
    C. Fansteel and FMRI shall:

[[Page 34710]]

    1. Take any and all actions necessary at the Muskogee site to: (1) 
Prevent the unauthorized release of radiological contamination into the 
Arkansas River; (2) collect and treat groundwater and surface water in 
accordance with all regulatory requirements; (3) secure the Muskogee 
site to prevent any unintended public exposure to radiation in excess 
of NRC regulatory requirements; and (4) take any additional actions to 
ensure the public health and safety. Fansteel's obligation under this 
subparagraph during the pendency of the Second Bankruptcy will not 
become effective if the Second Bankruptcy Court grants the United 
States' outstanding motion to comply with environmental health and 
safety laws and regulations on or before July 18, 2017. In such 
circumstance, during the pendency of the Second Bankruptcy, Fansteel's 
obligations will be governed by the Court's order.
    2. Within 5 days of the issuance of this Order, submit a written 
report to the NRC describing all steps taken by Fansteel and FMRI to 
comply with this Order and how they have protected public health and 
safety.
    3. Within 45 days of the issuance of this Order, submit to the NRC 
an amended Decommissioning Plan that reflects Fansteel as co-Licensee.
    The Director, Office of Nuclear Material Safety and Safeguards may, 
in writing, relax or rescind any of the above conditions upon 
demonstration by the Licensees of good cause.

VI

    In accordance with 10 CFR 2.202, the licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 30 days of issuance. In addition, the licensee and any 
other person adversely affected by this Order may request a hearing on 
this Order within 30 days of issuance. Where good cause is shown, 
consideration will be given to extending the time to answer or request 
a hearing. A request for extension of time must be made in writing to 
the Director, Office of Nuclear Material Safety and Safeguards, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-001, and include a 
statement of good cause for the extension.
    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 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC's Web site at 
http://www.nrc.gov/site-help/esubmittals.html. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at hearing.docket@nrc.gov, 
or by telephone at 301-415-1677, to (1) request a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign submissions and access the 
E-Filing system for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
petition or other adjudicatory document (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 http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's Public Web site at http://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 document on those participants separately. Therefore, 
applicants and other participants (or their counsel or representative) 
must apply for and receive a digital ID certificate before adjudicatory 
documents are filed so that they can obtain access to the documents via 
the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
Public Web site at http://www.nrc.gov/site-help/e-submittals.html, by 
email to MSHD.Resource@nrc.gov, or by a toll-free call to 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding government 
holidays.
    Participants who believe that they have 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 adjudicatory documents in this 
manner are responsible for serving the documents 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://adams.nrc.gov/ehd/, unless excluded pursuant to an Order of the 
Commission

[[Page 34711]]

or the presiding officer. If you do not have an NRC-issued digital ID 
certificate as described above, click ``Cancel'' when the link requests 
certificates and you will be automatically directed to the NRC's 
electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
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. For example, in some instances, 
individuals provide home addresses in order to demonstrate proximity to 
a facility or site. 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.
    If a person other than the licensee requests a hearing, that person 
shall set forth with particularity the manner in which their interest 
is adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f). If a hearing is requested by the 
licensee or a person whose interest is adversely affected, the 
Commission will issue an Order designating the time and place of any 
hearings. If a hearing is held, the issue to be considered at such 
hearing shall be whether this Order should be sustained. Pursuant to 10 
CFR 2.202(c)(2)(i), the licensee or any other person adversely affected 
by this Order, may, in addition to demanding a hearing, at the time the 
answer is filed or sooner, move the presiding officer to set aside the 
immediate effectiveness of the Order on the ground that the Order, 
including the need for immediate effectiveness, is not based on 
adequate evidence but on mere suspicion, unfounded allegations, or 
error. In the absence of any request for hearing, or written approval 
of an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 30 days from the date this 
Order is issued without further order or proceedings. If an extension 
of time for requesting a hearing has been approved, the provisions 
specified in Section V shall be final when the extension expires if a 
hearing request has not been received. AN ANSWER OR A REQUEST FOR 
HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
    FOR THE NUCLEAR REGULATORY COMMISSION

    Dated this July 14, 2017.
Marc L. Dapas,
Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-15367 Filed 7-25-17; 8:45 am]
 BILLING CODE 7590-01-P