La Crosse Boiling Water Reactor; Consideration of Approval of Transfer of License and Conforming Amendment, 51509-51512 [2018-22100]
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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
Virgil C. Summer Nuclear Station, Unit
Nos. 2 and 3.
IT IS ORDERED that after receipt of
all required regulatory approvals of the
proposed indirect transfer action,
SCE&G shall inform the Director of the
Office of New Reactors in writing of
such receipt no later than 2 business
days prior to the date of the closing of
the indirect transfer. Should the
proposed indirect transfer not be
completed within 1 year of this Order’s
date of issue, this Order shall become
null and void, provided, however, upon
written application and good cause
shown, such date may be extended by
order.
This Order supersedes the Order
issued on August 30, 2018, and is
effective upon issuance.
For further details with respect to this
Order, see the initial application dated
January 25, 2018 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML18025C035), and the Safety
Evaluation dated September 24, 2018
(ADAMS Accession No. ML18255A256),
which are available for public
inspection at the Commission’s Public
Document Room (PDR), located at One
White Flint North, Public File Area 01
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland. Publicly available
documents created or received at the
NRC are accessible electronically
through ADAMS in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR reference staff by telephone at
1–800–397–4209, or 301–415–4737, or
by e-mail to pdr.resource@nrc.gov.
Dated at Rockville, Maryland this 24th day
of September, 2018.
For the Nuclear Regulatory Commission.
Robert M. Taylor,
Director Division of Licensing, Siting, and
Environmental Analysis Office of New
Reactors
[FR Doc. 2018–22159 Filed 10–10–18; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–409; NRC–2018–0217]
La Crosse Boiling Water Reactor;
Consideration of Approval of Transfer
of License and Conforming
Amendment
Nuclear Regulatory
Commission.
AGENCY:
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Application for direct transfer of
license; opportunity to comment,
request a hearing, and petition for leave
to intervene
ACTION:
The U.S. Nuclear Regulatory
Commission (NRC) received and is
considering approval of an application
filed by LaCrosseSolutions, LLC (LS), on
June 27, 2018. The application seeks
NRC approval of the direct transfer of
Facility Operating License No. DPR–45
for the La Crosse Boiling Water Reactor
(LACBWR), from the current holder, LS,
to the Dairyland Power Cooperative
(DPC), who held the operating license
for LACBWR prior to transferring it to
LS in 2016. The NRC is also considering
amending the facility operating license
for administrative purposes to reflect
the proposed transfer.
DATES: Comments must be filed by
November 13, 2018. A request for a
hearing must be filed by October 31,
2018.
SUMMARY:
You may submit comments
by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0217. Address
questions about NRC Docket IDs to
Jennifer Borges; telephone: 301–287–
9127; email: Jennifer.Borges@nrc.gov.
For technical questions contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document
• Email comments to:
hearing.docket@nrc.gov. If you do not
receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Marlayna Vaaler, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–3178, email:
marlayna.vaaler@nrc.gov; U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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51509
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0217 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0217.
• 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
‘‘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 LS ‘‘Application for Order
Approving License Transfer and
Conforming Administrative License
Amendments,’’ dated June 27, 2018, is
available in ADAMS under Accession
No. ML18184A444.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2018–
0217 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
The NRC is considering the issuance
of an order under section 50.80 of title
10 of the Code of Federal Regulations
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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices
(10 CFR), approving the direct transfer
of control of Facility Operating License
No. DPR–45 for the LACBWR, currently
held by LS. The transfer would be to
DPC. The NRC is also considering
amending the facility operating license
for administrative purposes to reflect
the proposed transfer.
Following approval of the proposed
direct transfer of control of the license,
DPC would acquire full ownership of
the facility, similar to what existed
before the June 2016 license transfer to
LS. The proposed amendment would
reflect that LS’s licensed possession,
maintenance, and decommissioning
authorities have been transitioned back
to DPC upon completion of
decommissioning activities at the
LACBWR site. Thereafter, DPC will
maintain the onsite independent spent
fuel storage installation (ISFSI), and the
ultimate disposition of the spent nuclear
fuel will be provided for under the
terms of DPC’s Standard Contract for
Disposal of Spent Nuclear Fuel and/or
High Level Waste with the U.S.
Department of Energy. DPC will also
continue to maintain its nuclear
decommissioning trust, a grantor trust
in which funds are segregated from its
assets and outside its administrative
control, in accordance with the
requirements of 10 CFR 50.75(e)(1).
The NRC’s regulations at 10 CFR
50.80 state that no license, or any right
thereunder, shall be transferred, directly
or indirectly, through transfer of control
of the license, unless the Commission
shall give its consent in writing. The
Commission will approve an
application for the direct transfer of a
license if the Commission determines
that the proposed transferee is qualified
to hold the license, and that the transfer
is otherwise consistent with applicable
provisions of law, regulations, and
orders issued by the Commission.
Before issuance of the proposed
conforming license amendment, the
Commission will have made findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
Commission’s regulations. An
Environmental Assessment will not be
performed because, pursuant to 10 CFR
51.22(c)(21), license transfer approvals
and the associated license amendments
are categorically excluded from the
requirements to perform an
Environmental Assessment.
As provided in 10 CFR 2.1315, unless
otherwise determined by the
Commission with regard to a specific
application, the Commission has
determined that any amendment to the
license of a utilization facility which
does no more than conform the license
to reflect the transfer action involves no
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significant hazards consideration. No
contrary determination has been made
with respect to this specific license
amendment application. In light of the
generic determination reflected in 10
CFR 2.1315, no public comments with
respect to significant hazards
considerations are being solicited,
notwithstanding the general comment
procedures contained in 10 CFR 50.91.
III. Opportunity To Comment
Within 30 days from the date of
publication of this notice, persons may
submit written comments regarding the
license transfer application, as provided
for in 10 CFR 2.1305. The Commission
will consider and, if appropriate,
respond to these comments, but such
comments will not otherwise constitute
part of the decisional record. Comments
should be submitted as described in the
ADDRESSES section of this document.
IV. Opportunity To Request a Hearing;
Petition for Leave To Intervene
Within 20 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult a current copy
of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the
NRC Library on the NRC’s website at
https://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of
the regulations is available at the NRC’s
Public Document Room, located at One
White Flint North, Room O1–F21, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. If a petition is filed,
the Commission or a presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
As required by 10 CFR 2.309(d) the
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements for
standing: (1) The name, address, and
telephone number of the petitioner; (2)
the nature of the petitioner’s right under
the Act to be made a party to the
proceeding; (3) the nature and extent of
the petitioner’s property, financial, or
other interest in the proceeding; and (4)
the possible effect of any decision or
order which may be entered in the
proceeding on the petitioner’s interest.
In accordance with 10 CFR 2.309(f),
the petition must also set forth the
specific contentions which the
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petitioner seeks to have litigated in the
proceeding. Each contention must
consist of a specific statement of the
issue of law or fact to be raised or
controverted. In addition, the petitioner
must provide a brief explanation of the
bases for the contention and a concise
statement of the alleged facts or expert
opinion that support the contention and
on which the petitioner intends to rely
in proving the contention at the hearing.
The petitioner must also provide
references to the specific sources and
documents on which the petitioner
intends to rely to support its position on
the issue. The petition must include
sufficient information to show that a
genuine dispute exists with the
applicant or licensee on a material issue
of law or fact. Contentions must be
limited to matters within the scope of
the proceeding. The contention must be
one which, if proven, would entitle the
petitioner to relief. A petitioner who
fails to satisfy the requirements at 10
CFR 2.309(f) with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene. Parties have the opportunity
to participate fully in the conduct of the
hearing with respect to resolution of
that party’s admitted contentions,
including the opportunity to present
evidence, consistent with the NRC’s
regulations, policies, and procedures.
Petitions must be filed no later than
20 days from the date of publication of
this notice. Petitions and motions for
leave to file new or amended
contentions that are filed after the
deadline will not be entertained absent
a determination by the presiding officer
that the filing demonstrates good cause
by satisfying the three factors in 10 CFR
2.309(c)(1)(i) through (iii). The petition
must be filed in accordance with the
filing instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document.
A State, local governmental body,
Federally-recognized Indian Tribe, or
agency thereof, may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission no later than 20 days from
the date of publication of this notice.
The petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions set
forth in this section, except that under
10 CFR 2.309(h)(2) a State, local
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governmental body, or Federallyrecognized Indian Tribe, or agency
thereof does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. Alternatively, a State,
local governmental body, Federallyrecognized Indian Tribe, or agency
thereof may participate as a non-party
under 10 CFR 2.315(c).
If a hearing is granted, any person
who is not a party to the proceeding and
is not affiliated with or represented by
a party may, at the discretion of the
presiding officer, be permitted to make
a limited appearance pursuant to the
provisions of 10 CFR 2.315(a). A person
making a limited appearance may make
an oral or written statement of his or her
position on the issues but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to the
limits and conditions as may be
imposed by the presiding officer. Details
regarding the opportunity to make a
limited appearance will be provided by
the presiding officer if such sessions are
scheduled.
V. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The
E-Filing process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
website at https://www.nrc.gov/site-help/
e-submittals.html. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the following
procedures.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
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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 website 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 website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the 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 website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding U.S. government holidays.
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51511
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket that is
available to the public at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described in Section V, 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
personal 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.
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The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
For further details with respect to this
application, see the application dated
June 27, 2018.
Dated at Rockville, Maryland, on October
4, 2018.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch,
Division of Decommissioning, Uranium
Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2018–22100 Filed 10–10–18; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2019–1 and CP2019–1]
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: October 12,
2018.
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
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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
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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
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 website (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
3007.301.1
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).: MC2019–1 and
CP2019–1; Filing Title: USPS Request to
Add Priority Mail Contract 466 to
Competitive Product List and Notice of
Filing Materials Under Seal; Filing
Acceptance Date: October 4, 2018;
Filing Authority: 39 U.S.C. 3642 and 39
CFR 3020.30 et seq., and 39 CFR 3015.5;
Public Representative: Christopher C.
Mohr; Comments Due: October 12, 2018.
This Notice will be published in the
Federal Register.
Stacy L. Ruble,
Secretary.
[FR Doc. 2018–22106 Filed 10–10–18; 8:45 am]
BILLING CODE 7710–FW–P
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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POSTAL SERVICE
Product Change—Priority Mail
Negotiated Service Agreement
Postal ServiceTM.
Notice.
AGENCY:
ACTION:
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice: October
11, 2018.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on October 4, 2018,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Contract 466 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2019–1, CP2019–1.
SUMMARY:
Elizabeth Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2018–22062 Filed 10–10–18; 8:45 am]
BILLING CODE 7710–12–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–84365; File No. SR–IEX–
2018–21]
Self-Regulatory Organizations:
Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Correct
Several Typographical Errors in IEX
Rule 2.160 Added by a Previous Filing
October 4, 2018.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on October
4, 2018, the Investors Exchange LLC
(‘‘IEX’’ or the ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the self-regulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
1 15
U.S.C. 78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
E:\FR\FM\11OCN1.SGM
11OCN1
]]>Agencies
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51509-51512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22100]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-409; NRC-2018-0217]
La Crosse Boiling Water Reactor; Consideration of Approval of
Transfer of License and Conforming Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for direct transfer of license; opportunity to
comment, request a hearing, and petition for leave to intervene
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by LaCrosseSolutions, LLC
(LS), on June 27, 2018. The application seeks NRC approval of the
direct transfer of Facility Operating License No. DPR-45 for the La
Crosse Boiling Water Reactor (LACBWR), from the current holder, LS, to
the Dairyland Power Cooperative (DPC), who held the operating license
for LACBWR prior to transferring it to LS in 2016. The NRC is also
considering amending the facility operating license for administrative
purposes to reflect the proposed transfer.
DATES: Comments must be filed by November 13, 2018. A request for a
hearing must be filed by October 31, 2018.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0217. Address
questions about NRC Docket IDs to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Marlayna Vaaler, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-3178, email:
[email protected]; U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0217 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0217.
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 ``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 [email protected]. The LS ``Application for Order
Approving License Transfer and Conforming Administrative License
Amendments,'' dated June 27, 2018, is available in ADAMS under
Accession No. ML18184A444.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2018-0217 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering the issuance of an order under section 50.80
of title 10 of the Code of Federal Regulations
[[Page 51510]]
(10 CFR), approving the direct transfer of control of Facility
Operating License No. DPR-45 for the LACBWR, currently held by LS. The
transfer would be to DPC. The NRC is also considering amending the
facility operating license for administrative purposes to reflect the
proposed transfer.
Following approval of the proposed direct transfer of control of
the license, DPC would acquire full ownership of the facility, similar
to what existed before the June 2016 license transfer to LS. The
proposed amendment would reflect that LS's licensed possession,
maintenance, and decommissioning authorities have been transitioned
back to DPC upon completion of decommissioning activities at the LACBWR
site. Thereafter, DPC will maintain the onsite independent spent fuel
storage installation (ISFSI), and the ultimate disposition of the spent
nuclear fuel will be provided for under the terms of DPC's Standard
Contract for Disposal of Spent Nuclear Fuel and/or High Level Waste
with the U.S. Department of Energy. DPC will also continue to maintain
its nuclear decommissioning trust, a grantor trust in which funds are
segregated from its assets and outside its administrative control, in
accordance with the requirements of 10 CFR 50.75(e)(1).
The NRC's regulations at 10 CFR 50.80 state that no license, or any
right thereunder, shall be transferred, directly or indirectly, through
transfer of control of the license, unless the Commission shall give
its consent in writing. The Commission will approve an application for
the direct transfer of a license if the Commission determines that the
proposed transferee is qualified to hold the license, and that the
transfer is otherwise consistent with applicable provisions of law,
regulations, and orders issued by the Commission.
Before issuance of the proposed conforming license amendment, the
Commission will have made findings required by the Atomic Energy Act of
1954, as amended (the Act), and the Commission's regulations. An
Environmental Assessment will not be performed because, pursuant to 10
CFR 51.22(c)(21), license transfer approvals and the associated license
amendments are categorically excluded from the requirements to perform
an Environmental Assessment.
As provided in 10 CFR 2.1315, unless otherwise determined by the
Commission with regard to a specific application, the Commission has
determined that any amendment to the license of a utilization facility
which does no more than conform the license to reflect the transfer
action involves no significant hazards consideration. No contrary
determination has been made with respect to this specific license
amendment application. In light of the generic determination reflected
in 10 CFR 2.1315, no public comments with respect to significant
hazards considerations are being solicited, notwithstanding the general
comment procedures contained in 10 CFR 50.91.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted as described in the ADDRESSES section of this document.
IV. Opportunity To Request a Hearing; Petition for Leave To Intervene
Within 20 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or order which may be
entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion that support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 20 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 20 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local
[[Page 51511]]
governmental body, or Federally-recognized Indian Tribe, or agency
thereof does not need to address the standing requirements in 10 CFR
2.309(d) if the facility is located within its boundaries.
Alternatively, a State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the following procedures.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], 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 website 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 website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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 website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 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 U.S.
government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket that is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described in Section V, 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 personal 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.
[[Page 51512]]
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
For further details with respect to this application, see the
application dated June 27, 2018.
Dated at Rockville, Maryland, on October 4, 2018.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning,
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2018-22100 Filed 10-10-18; 8:45 am]
BILLING CODE 7590-01-P
