New York State Energy Research and Development Authority; Irradiated Nuclear Fuel Processing Plant; Western New York State Nuclear Service Center, 13762-13766 [2021-05001]
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Notices
Dated: March 4, 2021.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2021–04896 Filed 3–9–21; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2021–0065]
Fresh and Spent Fuel Pool Criticality
Analyses
Nuclear Regulatory
Commission.
ACTION: Regulatory guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a new
Regulatory Guide (RG) 1.240, ‘‘Fresh
and Spent Fuel Pool Criticality
Analyses.’’ This regulatory guide (RG)
describes an approach that the staff of
the U.S. Nuclear Regulatory
Commission (NRC) considers acceptable
to demonstrate that NRC regulatory
requirements are met for subcriticality
of fuel assemblies stored in fresh fuel
vaults and spent fuel pools at lightwater reactor (LWR) power plants. It
endorses, with clarifications and
exceptions, the Nuclear Energy Institute
(NEI) guidance document NEI 12 16,
‘‘Guidance for Performing Criticality
Analyses of Fuel Storage at Light Water
Reactor Power Plants,’’ Revision 4.
DATES: RG 1.240 is available on March
10, 2021.
ADDRESSES: Please refer to Docket ID
NRC–2021–0065 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–2021–0065. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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@
SUMMARY:
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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.
• Attention: The PDR, where you may
examine and order copies of public
documents is currently closed. You may
submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 or 301–415–4737
between 8:00 a.m. and 4:00 p.m. (EST),
Monday through Friday, except Federal
holidays.
RG 1.240 and the regulatory analysis
may be found in ADAMS under
Accession Nos. ML20356A127 and
ML20205L563, respectively.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Kent
Wood, Office of Nuclear Reactor
Regulation, telephone: (301) 415–4120,
email: Kent.Wood@nrc.gov and Mike
Eudy, Office of Nuclear Regulatory
Research, telephone: (301)–415–3104,
email: Michael.Eudy@nrc.gov. Both are
staff of the U.S. Nuclear Regulatory
Commission, Washington DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing a new guide in the
NRC’s ‘‘Regulatory Guide’’ series. This
series was developed to describe and
make available to the public information
regarding methods that are acceptable to
the NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the NRC staff uses in
evaluating specific issues or postulated
events, and data that the NRC staff
needs in its review of applications for
permits and licenses.
II. Additional Information
RG 1.240 was issued with a temporary
identification of Draft Regulatory Guide,
(DG)–1373.The NRC published a notice
of the availability of DG–1373 in the
Federal Register on September 8, 2020
(85 FR 55522) for a 45-day public
comment period. The public comment
period closed on October 23, 2020.
Public comments on DG–1373 and the
staff responses to the public comments
are available under ADAMS under
Accession No. ML20356A123.
III. Congressional Review Act
This RG is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
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IV. Backfitting, Forward Fitting and
Issue Finality
New Regulatory Guide (RG) 1.240
does not constitute backfitting as
defined in 10 CFR 50.109, ‘‘Backfitting,’’
and as described in NRC Management
Directive (MD) 8.4, ‘‘Management of
Backfitting, Forward Fitting, Issue
Finality, and Information Requests’’;
constitute forward fitting as that term is
defined and described in MD 8.4; or
affect the issue finality of any approval
issued under 10 CFR part 52. As
explained in new RG 1.240, applicants
and licensees would not be required to
comply with the positions set forth in
the RG.
Dated: March 4, 2021.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic
Issues Branch, Division of Engineering, Office
of Nuclear Regulatory Research.
[FR Doc. 2021–04955 Filed 3–9–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–201; NRC–2020–0086]
New York State Energy Research and
Development Authority; Irradiated
Nuclear Fuel Processing Plant;
Western New York State Nuclear
Service Center
Nuclear Regulatory
Commission.
ACTION: License amendment request;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Facility
Provisional Operating License No. CSF–
1 for provisional operation of the
Irradiated Nuclear Fuel Processing Plant
located at the Western New York
Nuclear Service Center (WNYNSC), in
Cattaraugus and Erie Counties, New
York. The proposed amendment would
amend the Radiation Protection Plan for
the ‘‘retained premises of the licensed
area’’ for modernization. In addition, the
New York State Energy Research and
Development Authority (NYSERDA),
the licensee, requested that the license
be amended to clarify NYSERDA’s
health and safety and other
responsibilities under the license.
NYSERDA defines the ‘‘retained
premises of the licensed area’’ as the
area consisting of the WNYNSC, not
including the U.S. Department of Energy
(DOE) West Valley Demonstration
SUMMARY:
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Project (WVDP) premises and the State
Licensed Disposal Area (SDA).
DATES: Submit comments by April 9,
2021. Requests for a hearing or petition
for leave to intervene must be filed by
May 10, 2021.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal Rulemaking Website:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0086. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
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 V. Doell, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–3178, email: Marlayna.Doell@
nrc.gov.
License Amendment: Retained Premises
Radiation Protection Requirements,’’ is
available in ADAMS under Accession
No. ML20076C310. The supplemental
information from the licensee is
available in ADAMS under Accession
No. ML20311A200. A public version of
the CSF–1 Provisional Operating
License and associated Technical
Specifications is available in ADAMS
under Package Accession No.
ML21042A945.
B. Submitting Comments
I. Obtaining Information and
Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking Website (https://
www.regulations.gov). Please include
Docket ID NRC–2020–0086, 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.
A. Obtaining Information
II. Introduction
Please refer to Docket ID NRC–2020–
0086 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–2020–0086.
• 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 ‘‘Resubmittal of Request for
The NRC is considering issuance of an
amendment to NYSERDA’s Facility
Provisional Operating License No. CSF–
1 for provisional operation of the
Irradiated Nuclear Fuel Processing
Plant, located at the WNYNSC in
Cattaraugus and Erie Counties, New
York. Although portions of the site are
actively being decommissioned by DOE
under the West Valley Demonstration
Project Act, 42 U.S.C. 2021a note, Public
Law 96–868, 94 Stat. 1347 (1980)
(WVDPA), NYSERDA retains
responsibility for portions of the site
known as the ‘‘retained premises.’’
The proposed amendment would
amend the Radiation Protection Plan for
the ‘‘retained premises of the licensed
area’’ for modernization and would
clarify NYSERDA’s health and safety
and other responsibilities under the
license.
SUPPLEMENTARY INFORMATION:
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Before issuance of the proposed
license amendment, the NRC will need
to make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the applicable NRC
regulations.
The NRC has made a proposed
determination that the license
amendment request involves no
significant hazards consideration. Under
the NRC’s regulations in § 50.92 of title
10 of the Code of Federal Regulations
(10 CFR), this means that provisional
operation of the facility in accordance
with the proposed amendment would
not (1) involve a significant increase in
the probability or consequences of an
accident previously evaluated; or (2)
create the possibility of a new or
different kind of accident from any
accident previously evaluated; or (3)
involve a significant reduction in a
margin of safety. As required by 10 CFR
50.91(a), the licensee has provided its
analysis of the issue of no significant
hazards consideration, which is
presented below:
1. Does the proposed change involve a
significant increase in the probability or
consequences of an accident previously
evaluated?
Response: No.
The changes proposed in this license
amendment involve the addition of license
conditions to provide additional clarity on
NYSERDA’s authorities and responsibilities
for health and safety of the facility under the
license and replace existing radiation
protection requirements in the license
pertaining to the non-SDA, non-WVDP
portions of the WNYNSC (the Retained
Premises) where Part 50-Licensed radioactive
materials are or may be present. There are no
proposed changes to structures, systems, and
components (SSCs) of the plant. There are no
changes to any of the previously evaluated
accidents in the final safety analysis report
(FSAR). There are no changes to operating
procedures or administrative controls that are
credited as having the function of preventing
or mitigating any accidents. Furthermore,
there are no accidents previously evaluated
involving the Retained Premises. In view of
the foregoing and because the proposed
license amendment would simply impose an
upgraded and up-to-date radiation protection
plan that is in compliance with the current
10 CFR part 20 and replace and supersede
the outdated radiation protection
requirements developed at the time of
licensing the irradiated fuel processing
facility, the proposed amendment will not
involve a significant increase in the
probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the
possibility of a new or different kind of
accident from any accident previously
evaluated?
Response: No.
The changes proposed in this license
amendment involve the addition of license
conditions to provide additional clarity on
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NYSERDA’s authorities and responsibilities
for health and safety of the facility under the
license and replace existing radiation
protection requirements in the license
pertaining to the Retained Premises where
Part 50-Licensed radioactive materials are or
may be present. The proposed changes do not
change the design function, or operation of
any SSC described in the FSAR. The
proposed changes do not create the
possibility of a new or different kind of
accident due to credible new failure
mechanisms, malfunctions, or accident
initiators not considered in the design and
licensing bases. Furthermore, there are no
accidents previously evaluated involving the
Retained Premises portion of the WNYNSC.
Thus, the proposed changes do not create the
possibility of a new or different kind of
accident from any accident previously
evaluated.
3. Does the proposed change involve a
significant reduction in a margin of safety?
Response: No.
The changes proposed in this license
amendment involve the addition of license
conditions to provide additional clarity on
NYSERDA’s authorities and responsibilities
for health and safety of the facility under the
license and replace existing radiation
protection requirements in the license
pertaining to the Retained Premises where
Part 50-Licensed radioactive materials are or
may be present. There are no safety margins
that are used to demonstrate compliance with
regulatory and licensing requirements
described in the FSAR that apply to activities
planned to be performed in the Retained
Premises and the proposed license
amendment would simply impose an
upgraded and up-to-date radiation protection
plan for the Retained Premises that is in
compliance with the current 10 CFR part 20
and replace and supersede the outdated
radiation protection requirements developed
at the time of licensing the irradiated fuel
processing facility. Thus, no safety margins
are affected by the proposed changes and
there is no significant reduction in any
margin of safety previously identified in the
license.
The NRC staff has reviewed the
licensee’s analysis and, based on this
review, it appears that the three
standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff
proposes to determine that the license
amendment request involves a no
significant hazards consideration.
The NRC is seeking public comments
on this proposed determination that the
license amendment request involves no
significant hazards consideration. Any
comments received within 30 days after
the date of publication of this notice
will be considered in making any final
determination.
Normally, the Commission will not
issue the proposed license amendment
until the expiration of 60 days after the
date of publication of this notice. The
Commission may issue the license
amendment before expiration of the 60-
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day notice period if the Commission
concludes the amendment involves no
significant hazards consideration. In
addition, the Commission may issue the
amendment prior to the expiration of
the 30-day comment period if
circumstances change during the 30-day
comment period such that failure to act
in a timely way would result, for
example, in prevention of
decommissioning of the facility under
the WVDPA. If the Commission takes
action prior to the expiration of either
the comment period or the notice
period, it will publish in the Federal
Register a notice of issuance. If the
Commission makes a final no significant
hazards consideration determination,
any hearing will take place after
issuance. The Commission expects that
the need to take this action will occur
very infrequently.
III. 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/. 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 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
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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
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
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.
If a hearing is requested, and the
Commission has not made a final
determination on the issue of no
significant hazards consideration, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to
establish when the hearing is held. If the
final determination is that the
amendment request involves no
significant hazards consideration, the
Commission may issue the amendment
and make it immediately effective,
notwithstanding the request for a
hearing. Any hearing would take place
after issuance of the amendment. If the
final determination is that the
amendment request involves a
significant hazards consideration, then
any hearing held would take place
before the issuance of the amendment
unless the Commission finds an
imminent danger to the health or safety
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of the public, in which case it will issue
an appropriate order or rule under 10
CFR part 2.
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 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, 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,
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.
IV. 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
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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/sitehelp/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 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
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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,
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
E:\FR\FM\10MRN1.SGM
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13766
Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Notices
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.
For further details with respect to this
action, see the application for license
amendment dated February 6, 2020, as
supplemented on March 11, 2020, and
October 28, 2020 (ADAMS Accession
Nos. ML20042D497, ML20076C310, and
ML20311A200, respectively).
Attorney for licensee: Ms. Janice Dean,
Deputy Counsel, New York State Energy
Research and Development Authority,
9030B Route 219, West Valley, NY
14171–9500.
NRC Branch Chief: Bruce A. Watson,
CHP.
Dated: March 5, 2021.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch,
Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2021–05001 Filed 3–9–21; 8:45 am]
BILLING CODE 7590–01–P
684th Meeting of the Advisory
Committee on Reactor Safeguards
(ACRS)
In accordance with the purposes of
Sections 29 and 182b of the Atomic
Energy Act (42 U.S.C. 2039, 2232(b)),
the Advisory Committee on Reactor
Safeguards (ACRS) will hold meetings
on April 8–10, 2021. As part of the
coordinated government response to
combat the COVID–19 public health
emergency, the Committee will conduct
virtual meetings. The public will be able
to participate in any open sessions via
1–866–822–3032, pass code 8272423#.
A more detailed agenda may be found
at the ACRS public website at https://
www.nrc.gov/reading-rm/doccollections/acrs/agenda/.
17:22 Mar 09, 2021
9:30 a.m.–9:35 a.m.: Opening
Remarks by the ACRS Chairman
(Open)—The ACRS Chairman will make
opening remarks regarding the conduct
of the meeting.
9:35 a.m.–10:45 a.m.: Regulatory
Guide (RG) 4.26, ‘‘Volcanic Hazard
Assessments for Nuclear Power Reactor
Sites’’ (Open)—The Committee will
have presentations and discussion with
representatives from the NRC staff
regarding the subject topic.
10:45 a.m.–11:30 a.m.: Committee
Deliberation on RG 4.26, ‘‘Volcanic
Hazard Assessments for Nuclear Power
Reactor Sites’’ (Open)—The Committee
will have discussion regarding the
subject topic.
11:30 a.m.–1:30 p.m.: Overview of the
NRC Safety Research Program Related
to the Biennial Review (Open)—The
Committee will have presentations and
discussion with representatives from the
NRC staff regarding the subject topic.
3:30 p.m.–6:00 p.m.: NuScale Topical
Report, ‘‘Control Room Staffing’’ (Open/
Closed)—The Committee will have
presentations and discussion with
representatives from the NRC staff and
NuScale regarding the subject topic.
[Note: Pursuant to 5 U.S.C 552b(c)(4), a
portion of this session may be closed in
order to discuss and protect information
designated as proprietary.]
6:00 p.m.–6:30 p.m.: Committee
Deliberation on NuScale Topical Report,
‘‘Control Room Staffing) (Open/
Closed)—The Committee will have
discussion regarding the subject topic.
[Note: Pursuant to 5 U.S.C 552b(c)(4), a
portion of this session may be closed in
order to discuss and protect information
designated as proprietary.]
Friday, April 9, 2021
NUCLEAR REGULATORY
COMMISSION
VerDate Sep<11>2014
Thursday, April 8, 2021
Jkt 253001
9:30 a.m.–12:30 p.m.: Future ACRS
Activities/Report of the Planning and
Procedures Subcommittee and
Reconciliation of ACRS Comments and
Recommendations/Preparation of
Reports (Open/Closed)—The Committee
will hear discussion of the
recommendations of the Planning and
Procedures Subcommittee regarding
items proposed for consideration by the
Full Committee during future ACRS
meetings, and/or proceed to preparation
of reports as determined by the
Chairman. [Note: Pursuant to 5 U.S.C.
552b(c)(2) and (6), a portion of this
meeting may be closed to discuss
organizational and personnel matters
that relate solely to internal personnel
rules and practices of the ACRS, trade
secrets and commercial or financial
information obtained from a person and
privileged or confidential, and
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
information the release of which would
constitute a clearly unwarranted
invasion of personal privacy.]
[Note: Pursuant to 5 U.S.C. 552b(c)(4),
a portion of this session may be closed
in order to discuss and protect
information designated as proprietary.]
1:30 p.m.–6:00 p.m.: Preparation of
ACRS Reports (Open/Closed)—The
Committee will continue its discussion
of proposed ACRS reports. [Note:
Pursuant to 5 U.S.C. 552b(c)(4), a
portion of this session may be closed in
order to discuss and protect information
designated as proprietary.]
Saturday, April 10, 2021
9:30 a.m.–2:00 p.m.: Preparation of
ACRS Reports (Open/Closed)—The
Committee will continue its discussion
of proposed ACRS reports. [Note:
Pursuant to 5 U.S.C. 552b(c)(4), a
portion of this session may be closed in
order to discuss and protect information
designated as proprietary.]
[Note: Pursuant to 5 U.S.C. 552b(c)(2)
and (6), a portion of this meeting may
be closed to discuss organizational and
personnel matters that relate solely to
internal personnel rules and practices of
the ACRS, trade secrets and commercial
or financial information obtained from a
person and privileged or confidential,
and information the release of which
would constitute a clearly unwarranted
invasion of personal privacy.]
Procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
June 13, 2019 (84 FR 27662). In
accordance with those procedures, oral
or written views may be presented by
members of the public, including
representatives of the nuclear industry.
Persons desiring to make oral statements
should notify Quynh Nguyen, Cognizant
ACRS Staff and the Designated Federal
Officer (Telephone: 301–415–5844,
Email: Quynh.Nguyen@nrc.gov), 5 days
before the meeting, if possible, so that
appropriate arrangements can be made
to allow necessary time during the
meeting for such statements. In view of
the possibility that the schedule for
ACRS meetings may be adjusted by the
Chairman as necessary to facilitate the
conduct of the meeting, persons
planning to attend should check with
the Cognizant ACRS staff if such
rescheduling would result in major
inconvenience.
An electronic copy of each
presentation should be emailed to the
Cognizant ACRS Staff at least one day
before meeting.
In accordance with Subsection 10(d)
of Public Law 92–463 and 5 U.S.C.
552b(c), certain portions of this meeting
may be closed, as specifically noted
E:\FR\FM\10MRN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Notices]
[Pages 13762-13766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05001]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-201; NRC-2020-0086]
New York State Energy Research and Development Authority;
Irradiated Nuclear Fuel Processing Plant; Western New York State
Nuclear Service Center
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing, and petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Facility Provisional Operating License No.
CSF-1 for provisional operation of the Irradiated Nuclear Fuel
Processing Plant located at the Western New York Nuclear Service Center
(WNYNSC), in Cattaraugus and Erie Counties, New York. The proposed
amendment would amend the Radiation Protection Plan for the ``retained
premises of the licensed area'' for modernization. In addition, the New
York State Energy Research and Development Authority (NYSERDA), the
licensee, requested that the license be amended to clarify NYSERDA's
health and safety and other responsibilities under the license. NYSERDA
defines the ``retained premises of the licensed area'' as the area
consisting of the WNYNSC, not including the U.S. Department of Energy
(DOE) West Valley Demonstration
[[Page 13763]]
Project (WVDP) premises and the State Licensed Disposal Area (SDA).
DATES: Submit comments by April 9, 2021. Requests for a hearing or
petition for leave to intervene must be filed by May 10, 2021.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking Website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0086. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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 V. Doell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-3178, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0086 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-2020-0086.
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 ``Resubmittal of Request for
License Amendment: Retained Premises Radiation Protection
Requirements,'' is available in ADAMS under Accession No. ML20076C310.
The supplemental information from the licensee is available in ADAMS
under Accession No. ML20311A200. A public version of the CSF-1
Provisional Operating License and associated Technical Specifications
is available in ADAMS under Package Accession No. ML21042A945.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking Website (https://www.regulations.gov). Please
include Docket ID NRC-2020-0086, 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 issuance of an amendment to NYSERDA's
Facility Provisional Operating License No. CSF-1 for provisional
operation of the Irradiated Nuclear Fuel Processing Plant, located at
the WNYNSC in Cattaraugus and Erie Counties, New York. Although
portions of the site are actively being decommissioned by DOE under the
West Valley Demonstration Project Act, 42 U.S.C. 2021a note, Public Law
96-868, 94 Stat. 1347 (1980) (WVDPA), NYSERDA retains responsibility
for portions of the site known as the ``retained premises.''
The proposed amendment would amend the Radiation Protection Plan
for the ``retained premises of the licensed area'' for modernization
and would clarify NYSERDA's health and safety and other
responsibilities under the license.
Before issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the applicable NRC regulations.
The NRC has made a proposed determination that the license
amendment request involves no significant hazards consideration. Under
the NRC's regulations in Sec. 50.92 of title 10 of the Code of Federal
Regulations (10 CFR), this means that provisional operation of the
facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. As
required by 10 CFR 50.91(a), the licensee has provided its analysis of
the issue of no significant hazards consideration, which is presented
below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The changes proposed in this license amendment involve the
addition of license conditions to provide additional clarity on
NYSERDA's authorities and responsibilities for health and safety of
the facility under the license and replace existing radiation
protection requirements in the license pertaining to the non-SDA,
non-WVDP portions of the WNYNSC (the Retained Premises) where Part
50-Licensed radioactive materials are or may be present. There are
no proposed changes to structures, systems, and components (SSCs) of
the plant. There are no changes to any of the previously evaluated
accidents in the final safety analysis report (FSAR). There are no
changes to operating procedures or administrative controls that are
credited as having the function of preventing or mitigating any
accidents. Furthermore, there are no accidents previously evaluated
involving the Retained Premises. In view of the foregoing and
because the proposed license amendment would simply impose an
upgraded and up-to-date radiation protection plan that is in
compliance with the current 10 CFR part 20 and replace and supersede
the outdated radiation protection requirements developed at the time
of licensing the irradiated fuel processing facility, the proposed
amendment will not involve a significant increase in the probability
or consequences of an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The changes proposed in this license amendment involve the
addition of license conditions to provide additional clarity on
[[Page 13764]]
NYSERDA's authorities and responsibilities for health and safety of
the facility under the license and replace existing radiation
protection requirements in the license pertaining to the Retained
Premises where Part 50-Licensed radioactive materials are or may be
present. The proposed changes do not change the design function, or
operation of any SSC described in the FSAR. The proposed changes do
not create the possibility of a new or different kind of accident
due to credible new failure mechanisms, malfunctions, or accident
initiators not considered in the design and licensing bases.
Furthermore, there are no accidents previously evaluated involving
the Retained Premises portion of the WNYNSC. Thus, the proposed
changes do not create the possibility of a new or different kind of
accident from any accident previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The changes proposed in this license amendment involve the
addition of license conditions to provide additional clarity on
NYSERDA's authorities and responsibilities for health and safety of
the facility under the license and replace existing radiation
protection requirements in the license pertaining to the Retained
Premises where Part 50-Licensed radioactive materials are or may be
present. There are no safety margins that are used to demonstrate
compliance with regulatory and licensing requirements described in
the FSAR that apply to activities planned to be performed in the
Retained Premises and the proposed license amendment would simply
impose an upgraded and up-to-date radiation protection plan for the
Retained Premises that is in compliance with the current 10 CFR part
20 and replace and supersede the outdated radiation protection
requirements developed at the time of licensing the irradiated fuel
processing facility. Thus, no safety margins are affected by the
proposed changes and there is no significant reduction in any margin
of safety previously identified in the license.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
license amendment request involves a no significant hazards
consideration.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves no significant hazards
consideration. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the proposed license
amendment until the expiration of 60 days after the date of publication
of this notice. The Commission may issue the license amendment before
expiration of the 60-day notice period if the Commission concludes the
amendment involves no significant hazards consideration. In addition,
the Commission may issue the amendment prior to the expiration of the
30-day comment period if circumstances change during the 30-day comment
period such that failure to act in a timely way would result, for
example, in prevention of decommissioning of the facility under the
WVDPA. If the Commission takes action prior to the expiration of either
the comment period or the notice period, it will publish in the Federal
Register a notice of issuance. If the Commission makes a final no
significant hazards consideration determination, any hearing will take
place after issuance. The Commission expects that the need to take this
action will occur very infrequently.
III. 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/. 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 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 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 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.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves no significant hazards
consideration, the Commission may issue the amendment and make it
immediately effective, notwithstanding the request for a hearing. Any
hearing would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of the amendment unless the Commission finds an imminent
danger to the health or safety
[[Page 13765]]
of the public, in which case it will issue an appropriate order or rule
under 10 CFR part 2.
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 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, 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, 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.
IV. 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 [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 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 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
[[Page 13766]]
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.
For further details with respect to this action, see the
application for license amendment dated February 6, 2020, as
supplemented on March 11, 2020, and October 28, 2020 (ADAMS Accession
Nos. ML20042D497, ML20076C310, and ML20311A200, respectively).
Attorney for licensee: Ms. Janice Dean, Deputy Counsel, New York
State Energy Research and Development Authority, 9030B Route 219, West
Valley, NY 14171-9500.
NRC Branch Chief: Bruce A. Watson, CHP.
Dated: March 5, 2021.
For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Decommissioning, Uranium
Recovery and Waste Programs, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2021-05001 Filed 3-9-21; 8:45 am]
BILLING CODE 7590-01-P
