License Modification Order: Fansteel, Inc. and FMRI (a Subsidiary of Reorganized Fansteel), 34707-34711 [2017-15367]
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Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
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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)
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SUMMARY:
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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
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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
https://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
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
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email to pdr.resource@nrc.gov. The
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document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
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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.
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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).
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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
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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.
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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
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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.
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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
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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:
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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),
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17:49 Jul 25, 2017
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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
https://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 https://
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 https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the documents are submitted through
the NRC’s E-Filing system. To be timely,
an electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
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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 https://
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
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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 https://
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 (https://
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.
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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]
-----------------------------------------------------------------------
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 https://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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
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
https://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 https://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 https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the documents are submitted through the NRC's E-Filing system. To
be timely, an electronic filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the document
and sends the submitter an email notice confirming receipt of the
document. The E-Filing system also distributes an email notice that
provides access to the document to the NRC's Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer need
not serve the 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 https://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