United Nuclear Corporation Church Rock Project, 9148-9150 [2019-04569]
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9148
Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices
effective upon SCE&G’s receipt of NRC’s
termination letter, dated March 6, 2019
(ADAMS Accession No. ML18198A299).
Dated at Rockville, Maryland, this 8th day
of March 2019.
For the Nuclear Regulatory Commission.
Chandulal P. Patel,
Acting Chief, Licensing Branch 2, Division
of Licensing, Siting, and Environmental
Analysis, Office of New Reactors.
[FR Doc. 2019–04601 Filed 3–12–19; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[License Docket No. 040–08907; Docket ID
NRC–2019–0026]
United Nuclear Corporation Church
Rock Project
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to request a hearing and to
petition for leave to intervene.
AGENCY:
On September 24, 2018,
United Nuclear Corporation (UNC)
requested an amendment to its
reclamation plan for its Uranium Mill
site near Gallup, New Mexico. UNC is
a wholly owned indirect subsidiary
corporation of the General Electric
Company (GE). This amendment, if
granted, would allow construction of a
repository for mine-impacted soil. This
mine waste would be removed from the
Northeast Church Rock Mine Site and
transported to be placed in the
repository, located on and beside the
existing Tailings Disposal Area.
DATES: A request for a hearing or
petition for leave to intervene must be
filed by May 13, 2019.
ADDRESSES: Please refer to Docket ID
NRC–2019–0026, 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0026. Address
questions about NRC Docket IDs in
Regulations.gov to Krupskaya Castellon;
telephone: 301–287–9221; email:
Krupskaya.Castellon@nrc.gov. For
technical questions, contact the
individual(s) 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
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SUMMARY:
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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 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. General Electric United
Nuclear Corporation License
Amendment Request (ADAMS
Accession Numbers ML18360A424 and
ML18267A235).
• 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:
James Smith, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–6103, email: James.Smith@nrc.gov
and Ashley Waldron, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–7317, email:
Ashley.Waldron@nrc.gov. Both are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
On September 24, 2018, UNC, through
its parent, GE, requested an amendment
to its reclamation plan at the UNC
Church Rock Uranium Mill site,
(ADAMS Package Accession Numbers
ML18360A424 and ML18267A235).
License Number SUA–1475
authorizes the licensee to possess
byproduct material in the form of
uranium waste tailings and other
byproduct wastes generated by the
licensee’s past milling operations
located in Gallup, New Mexico. This
amendment, if granted, would allow the
construction of a Repository for mineimpacted soil and debris on and around
the licensed mill tailings disposal area.
Mine waste would be removed from the
Northeast Church Rock Mine Site and
placed in the Repository, located on the
existing tailings disposal area.
An NRC administrative completeness
review found the application acceptable
for a technical review (ADAMS
Accession No. ML19007A126). Prior to
deciding whether to approve the
proposed revision to the reclamation
plan, the NRC will need to make the
findings required by the Atomic Energy
Act of 1954, as amended (the Act) and
other applicable statutory requirements,
and the NRC’s regulations. The NRC’s
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Fmt 4703
Sfmt 4703
findings will be documented in a safety
evaluation report and an environmental
impact statement (EIS). The NRC
already published a notice of intent to
prepare an EIS. See United Nuclear
Corporation (UNC) Church Rock Project,
‘‘Intent to prepare an environmental
impact statement (EIS) and conduct a
scoping process; request for comment,’’
(84 FR 2935, February 8, 2019).
II. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 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
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 which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to the specific
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Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices
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 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
60 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 or 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 60 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 or local
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 or
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
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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.
III. 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 EFiling 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 procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (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
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9149
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 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,
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9150
Federal Register / Vol. 84, No. 49 / Wednesday, March 13, 2019 / Notices
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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, which 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 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
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
submissions.
Dated at Rockville, Maryland, this 7th day
of March 2019.
For the Nuclear Regulatory Commission.
Bo Pham,
Acting Division Director, Division of
Decommissioning, Uranium Recovery, and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2019–04569 Filed 3–12–19; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR WASTE TECHNICAL
REVIEW BOARD
Notice of Workshop on Recent
Advances in Repository Science and
Operations From International
Underground Research Laboratory
Collaborations
Pursuant to its authority under
section 5051 of Public Law 100–203,
Nuclear Waste Policy Amendments Act
(NWPAA) of 1987, the U.S. Nuclear
Waste Technical Review Board will
hold a workshop on Wednesday, April
24, and Thursday, April 25, 2019, on
recent advances in repository science
and operations from international
underground research laboratory (URL)
collaborations. Several countries,
including Belgium, Canada, Finland,
France, Germany, Japan, Korea, Sweden,
Switzerland, and the United States,
have operated URLs to support the
development of deep geologic
repositories for the disposal of highlevel radioactive waste (HLW) and spent
nuclear fuel (SNF). URLs enable
research and technology development
activities to be conducted under
conditions prototypical of repository
environments. The workshop objectives
are to review DOE research and
development (R&D) activities that are
underway or planned and to elicit
information that will be useful to the
Board in its review and to DOE in its
implementation of those R&D activities.
The discussions of international
experiences will focus on unique
learning opportunities and recent
advances in the scientific understanding
of the long-term performance, and the
technology and operation, of geologic
repositories for HLW and SNF based on
studies that have been performed in
URLs.
The workshop will be held at the
Embassy Suites San Francisco Airport—
Waterfront, 150 Anza Blvd.,
Burlingame, CA 94010. The hotel
telephone number is (650) 342–4600.
The workshop will begin on
Wednesday, April 24, at 8:00 a.m. with
a series of presentations on international
URL programs, including those in
France, Sweden, Switzerland, and the
United Kingdom. These presentations
will be followed by a facilitated panel
discussion regarding international URL
programs. Then DOE representatives
will make a presentation giving an
overview of DOE’s geologic disposal
R&D program and its integration with
international URL research. The rest of
the two-day workshop will include
presentations on DOE’s URL-related
R&D activities, focusing on natural
barriers, engineered barrier integrity,
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hydrologic flow and radionuclide
transport, and integrated system
behavior. A poster session is scheduled
immediately following the last
presentation on the first day of the
workshop. On the second day of the
workshop, a final plenary session will
identify key issues and lessons learned
from URL R&D programs. The workshop
is scheduled to end at approximately
5:00 p.m. on Thursday, April 25.
The workshop will be open to the
public, and opportunities for public
comment will be provided before the
end of each day. Those wanting to speak
are encouraged to sign the Public
Comment Register at the check-in table;
those wishing to speak will do so in the
order in which they signed up.
Depending on the number of people
who sign up to speak, it may be
necessary to set a time limit on
individual remarks. However, written
comments of any length may be
submitted, and all comments received
in writing will be included in the record
of the workshop, which will be posted
on the Board’s website. The workshop
will be webcast, and the link to the
webcast will be available on the Board’s
website (www.nwtrb.gov) a few days
before the workshop. An archived
version of the webcast will be available
on the Board’s website following the
workshop. The transcript of the
workshop will be available on the
Board’s website by July 31, 2019.
The Board was established in the
Nuclear Waste Policy Amendments Act
of 1987 as an independent federal
agency in the Executive Branch to
evaluate the technical and scientific
validity of DOE activities related to the
management and disposal of SNF and
HLW and to provide objective expert
advice to Congress and the Secretary of
Energy on these issues. Board members
are experts in their fields and are
appointed to the Board by the President
from a list of candidates submitted by
the National Academy of Sciences. The
Board reports its findings, conclusions,
and recommendations to Congress and
the Secretary of Energy. All Board
reports, correspondence, congressional
testimony, and meeting transcripts and
related materials are posted on the
Board’s website.
For information on the workshop
agenda, contact Bret Leslie: leslie@
nwtrb.gov or Roberto Pabalan: pabalan@
nwtrb.gov. For information on logistics,
or to request copies of the workshop
agenda or transcript, contact Davonya
Barnes: barnes@nwtrb.gov. All three
may be reached by mail at 2300
Clarendon Boulevard, Suite 1300,
Arlington, VA 22201–3367; by
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Agencies
[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Notices]
[Pages 9148-9150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04569]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[License Docket No. 040-08907; Docket ID NRC-2019-0026]
United Nuclear Corporation Church Rock Project
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: On September 24, 2018, United Nuclear Corporation (UNC)
requested an amendment to its reclamation plan for its Uranium Mill
site near Gallup, New Mexico. UNC is a wholly owned indirect subsidiary
corporation of the General Electric Company (GE). This amendment, if
granted, would allow construction of a repository for mine-impacted
soil. This mine waste would be removed from the Northeast Church Rock
Mine Site and transported to be placed in the repository, located on
and beside the existing Tailings Disposal Area.
DATES: A request for a hearing or petition for leave to intervene must
be filed by May 13, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0026, 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0026. Address
questions about NRC Docket IDs in Regulations.gov to Krupskaya
Castellon; telephone: 301-287-9221; email: Krupskaya.Castellon@nrc.gov.
For technical questions, contact the individual(s) 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 ``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. General Electric United
Nuclear Corporation License Amendment Request (ADAMS Accession Numbers
ML18360A424 and ML18267A235).
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: James Smith, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-6103, email:
James.Smith@nrc.gov and Ashley Waldron, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-7317, email:
Ashley.Waldron@nrc.gov. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
On September 24, 2018, UNC, through its parent, GE, requested an
amendment to its reclamation plan at the UNC Church Rock Uranium Mill
site, (ADAMS Package Accession Numbers ML18360A424 and ML18267A235).
License Number SUA-1475 authorizes the licensee to possess
byproduct material in the form of uranium waste tailings and other
byproduct wastes generated by the licensee's past milling operations
located in Gallup, New Mexico. This amendment, if granted, would allow
the construction of a Repository for mine-impacted soil and debris on
and around the licensed mill tailings disposal area. Mine waste would
be removed from the Northeast Church Rock Mine Site and placed in the
Repository, located on the existing tailings disposal area.
An NRC administrative completeness review found the application
acceptable for a technical review (ADAMS Accession No. ML19007A126).
Prior to deciding whether to approve the proposed revision to the
reclamation plan, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended (the Act) and other
applicable statutory requirements, and the NRC's regulations. The NRC's
findings will be documented in a safety evaluation report and an
environmental impact statement (EIS). The NRC already published a
notice of intent to prepare an EIS. See United Nuclear Corporation
(UNC) Church Rock Project, ``Intent to prepare an environmental impact
statement (EIS) and conduct a scoping process; request for comment,''
(84 FR 2935, February 8, 2019).
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 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 which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific
[[Page 9149]]
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 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 60 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 or 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 60 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 or local governmental
body, or Federally-recognized Indian Tribe, or agency thereof, does not
need to address the standing requirements in 10 CFR 2.309(d) if the
facility is located within its boundaries. Alternatively, a State or
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.
III. 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 procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 301-415-1677, to (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 MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
[[Page 9150]]
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, which 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 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 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 submissions.
Dated at Rockville, Maryland, this 7th day of March 2019.
For the Nuclear Regulatory Commission.
Bo Pham,
Acting Division Director, Division of Decommissioning, Uranium
Recovery, and Waste Programs, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2019-04569 Filed 3-12-19; 8:45 am]
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