80 FR 13036 - SHINE Medical Technologies, Inc.; Notice of Hearing, Opportunity To Intervene, Order Imposing Procedures

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 48 (March 12, 2015)

Page Range		13036-13040
FR Document		2015-05672

The U.S. Nuclear Regulatory Commission (NRC) has received a construction permit application from SHINE Medical Technologies, Inc. (SHINE), for approval of a proposed medical radioisotope production facility for the production of molybdenum-99 (Mo-99) at a site located in Janesville, Wisconsin. The NRC is currently conducting a detailed technical review of the construction permit application. If the construction permit application is approved, the applicant would be authorized to construct its proposed medical radioisotope production facility in accordance with the provisions of the construction permit.

Federal Register, Volume 80 Issue 48 (Thursday, March 12, 2015)

[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13036-13040]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-05672]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-608; NRC-2013-0053]

SHINE Medical Technologies, Inc.; Notice of Hearing, Opportunity
To Intervene, Order Imposing Procedures

AGENCY: Nuclear Regulatory Commission.

ACTION: Construction permit application; hearing, opportunity to
petition for leave to intervene; order imposing procedures for access
to Sensitive Unclassified Non-Safeguards Information (SUNSI).

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
construction permit application from SHINE Medical Technologies, Inc.
(SHINE), for approval of a proposed medical radioisotope production
facility for the production of molybdenum-99 (Mo-99) at a site located
in Janesville, Wisconsin. The NRC is currently conducting a detailed
technical review of the construction permit application. If the
construction permit application is approved, the applicant would be
authorized to construct its proposed medical radioisotope production
facility in accordance with the provisions of the construction permit.

DATES: A petition for leave to intervene must be filed by May 11, 2015.

ADDRESSES: Please refer to Docket Number 50-608 or Docket ID NRC-2013-
0053 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:
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
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: Steven Lynch, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1524, email: Steven.Lynch@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

By letters dated March 26, 2013 (ADAMS Accession No. ML13088A192),
and May 31, 2013 (ADAMS Accession No. ML13172A361), and supplemented by
letter dated September 25, 2013 (ADAMS Accession No. ML13269A378),
SHINE requested approval of a construction permit application for a
medical radioisotope production facility (ADAMS Accession No.
ML13172A324). SHINE's medical radioisotope production facility would
include an irradiation facility and a radioisotope production facility
collocated in a single building. The irradiation facility would consist
of accelerator-driven subcritical operating assemblies used for the
irradiation of a uranium solution to produce molybdenum-99 and other
fission products. The radioisotope production facility would consist of
hot cell structures used for the extraction of radioisotopes. Part one
of the application was accepted for docketing on June 25, 2013 (78 FR
39342). The second and final portion of SHINE's two-part construction
permit application, as supplemented, was accepted for docketing on
December 2, 2013 (78 FR 73897). The docket number established for this
application is 50-608.
The NRC is considering issuance of a construction permit to SHINE
for construction of the SHINE medical radioisotope production facility,
to be located in Rock County, Wisconsin.

II. Hearing

Pursuant to the Atomic Energy Act of 1954, as amended, and parts 2
and 50 of Title 10 of the Code of Federal Regulations (10 CFR), ``Rules
of Practice for Domestic Licensing Proceedings and Issuance of
Orders,'' and ``Domestic Licensing of Production and Utilization
Facilities,'' notice is hereby given that a hearing will be held, at a
time and place to be set in the future by the Commission or designated
by the Atomic Safety and Licensing Board (Board).
The hearing on the application for a construction permit filed by
SHINE pursuant to 10 CFR part 50 will be conducted by a Board that will
be designated by the Chief Judge of the Atomic Safety and Licensing
Board Panel or will be conducted by the Commission. Notice as to the
membership of the Board will be published in the Federal Register at a
later date. The NRC staff will complete a detailed technical review of
the application and will document its findings in a safety evaluation
report. The Commission will refer a copy of the application to the
Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10
CFR 50.58, ``Hearings and Report of the Advisory Committee on Reactor
Safeguards,'' and the ACRS will report on those portions of the
application that concern safety. The NRC staff will also complete an
environmental review of the application and will document its findings
in an environmental impact statement in accordance with the National
Environmental Policy Act of 1969, as amended, and the Commission's
regulations in 10 CFR part 51.

III. Opportunity To Petition for Leave To Intervene

Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who desires to participate as a party in this proceeding
must file a written petition for leave to intervene with respect to
issuance of the construction permit to SHINE in accordance with the
NRC's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2.
Interested

[[Page 13037]]

person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a petition for leave to intervene must
set forth with particularity the interest of the petitioner in the
proceeding and how that interest may be affected by the results of the
proceeding. The petition must specifically explain the reasons why
intervention should be permitted, with particular reference to the
following general requirements: (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.
The petition must also include the specific contentions that the
petitioner seeks to have litigated at the proceeding.
For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings that the NRC must make to support the issuance of the
construction permit in response to the application. The petition must
also include a concise statement of the alleged facts or expert opinion
that support the contention and on which the petitioner intends to rely
at the hearing, together with references to those specific sources and
documents. The petition must provide sufficient information to show
that a genuine dispute exists with the applicant on a material issue of
law or fact. Contentions shall be limited to matters within the scope
of the licensing action under consideration. Each contention must be
one which, if proven, would entitle the petitioner to relief. A
petitioner who does not satisfy these requirements for 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,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Petitions for leave
to intervene and motions for leave to file new or amended contentions
that are filed after the 60-day 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)-
(iii).
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 by May
11, 2015. The petition must be filed in accordance with the filing
instructions in the ``Electronic Submission (E-Filing)'' section of
this document, and should meet the requirements for petitions for leave
to intervene 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. A State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
Any person who files a motion pursuant to 10 CFR 2.323 must consult
with counsel for the applicant and counsel for the NRC staff. Counsel
for the applicant is Paul Bessette, pbessette@morganlewis.com, 202-739-
5796. Counsel for the NRC staff in this proceeding is Mitzi Young,
Mitzi.Young@nrc.gov, 301-415-3830.
Any person who does not wish, or is not qualified, to become a
party to the proceeding may, in 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 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. Persons desiring to make a limited appearance are requested to
inform the Secretary of the Commission by May 11, 2015.

IV. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). 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. 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 request: (1) a digital identification
(ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to

[[Page 13038]]

offer assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 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
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, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document 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
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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.

V. Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication of this notice will not
be considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) above, the NRC staff will determine within 10 days of
receipt of the request whether:

[[Page 13039]]

(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requester may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.

Dated at Rockville, Maryland, this 4th of March, 2015.

For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
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Day Event/Activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
Supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requester of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information.) If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requester to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.

[[Page 13040]]

A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2015-05672 Filed 3-11-15; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices 13037

person(s) should consult a current copy evidence and to submit a cross- conditions as may be imposed by the
of 10 CFR 2.309, which is available at examination plan for cross-examination presiding officer. Persons desiring to
the NRC’s PDR. The NRC’s regulations of witnesses, consistent with NRC make a limited appearance are
are accessible electronically from the regulations, policies, and procedures. requested to inform the Secretary of the
NRC Library on the NRC’s Web site at The Atomic Safety and Licensing Board Commission by May 11, 2015.
http://www.nrc.gov/reading-rm/doc- will set the time and place for any
IV. Electronic Submissions (E-Filing)
collections/cfr/. prehearing conferences and evidentiary
As required by 10 CFR 2.309, a hearings, and the appropriate notices All documents filed in NRC
petition for leave to intervene must set will be provided. adjudicatory proceedings, including a
forth with particularity the interest of Petitions for leave to intervene must request for hearing, a petition for leave
the petitioner in the proceeding and be filed no later than 60 days from the to intervene, any motion or other
how that interest may be affected by the date of publication of this notice. document filed in the proceeding prior
results of the proceeding. The petition Petitions for leave to intervene and to the submission of a request for
must specifically explain the reasons motions for leave to file new or hearing or petition to intervene, and
why intervention should be permitted, amended contentions that are filed after documents filed by interested
with particular reference to the the 60-day deadline will not be governmental entities participating
following general requirements: (1) the entertained absent a determination by under 10 CFR 2.315(c), must be filed in
name, address, and telephone number of the presiding officer that the filing accordance with the NRC’s E-Filing rule
the petitioner; (2) the nature of the demonstrates good cause by satisfying (72 FR 49139; August 28, 2007). The E-
petitioner’s right under the Act to be the three factors in 10 CFR Filing process requires participants to
made a party to the proceeding; (3) the 2.309(c)(1)(i)–(iii). submit and serve all adjudicatory
nature and extent of the petitioner’s A State, local governmental body, documents over the internet, or in some
property, financial, or other interest in Federally-recognized Indian Tribe, or cases to mail copies on electronic
the proceeding; and (4) the possible agency thereof, may submit a petition to storage media. Participants may not
effect of any decision or order which the Commission to participate as a party submit paper copies of their filings
may be entered in the proceeding on the under 10 CFR 2.309(h)(1). The petition unless they seek an exemption in
petitioner’s interest. The petition must should state the nature and extent of the accordance with the procedures
also include the specific contentions petitioner’s interest in the proceeding. described below.
that the petitioner seeks to have litigated The petition should be submitted to the To comply with the procedural
at the proceeding. Commission by May 11, 2015. The requirements of E-Filing, at least 10
For each contention, the petitioner petition must be filed in accordance days prior to the filing deadline, the
must provide a specific statement of the with the filing instructions in the participant should contact the Office of
issue of law or fact to be raised or ‘‘Electronic Submission (E-Filing)’’ the Secretary by email at
controverted, as well as a brief section of this document, and should hearing.docket@nrc.gov, or by telephone
explanation of the basis for the meet the requirements for petitions for at 301–415–1677, to request: (1) a digital
contention. Additionally, the petitioner leave to intervene set forth in this identification (ID) certificate, which
must demonstrate that the issue raised section, except that under 10 CFR allows the participant (or its counsel or
by each contention is within the scope 2.309(h)(2) a State, local governmental representative) to digitally sign
of the proceeding and is material to the body, or Federally-recognized Indian documents and access the E-Submittal
findings that the NRC must make to Tribe, or agency thereof does not need server for any proceeding in which it is
support the issuance of the construction to address the standing requirements in participating; and (2) advise the
permit in response to the application. 10 CFR 2.309(d) if the facility is located Secretary that the participant will be
The petition must also include a concise within its boundaries. A State, local submitting a request or petition for
statement of the alleged facts or expert governmental body, Federally- hearing (even in instances in which the
opinion that support the contention and recognized Indian Tribe, or agency participant, or its counsel or
on which the petitioner intends to rely thereof may also have the opportunity to representative, already holds an NRC-
at the hearing, together with references participate under 10 CFR 2.315(c). issued digital ID certificate). Based upon
to those specific sources and Any person who files a motion this information, the Secretary will
documents. The petition must provide pursuant to 10 CFR 2.323 must consult establish an electronic docket for the
sufficient information to show that a with counsel for the applicant and hearing in this proceeding if the
genuine dispute exists with the counsel for the NRC staff. Counsel for Secretary has not already established an
applicant on a material issue of law or the applicant is Paul Bessette, electronic docket.
fact. Contentions shall be limited to pbessette@morganlewis.com, 202–739– Information about applying for a
matters within the scope of the licensing 5796. Counsel for the NRC staff in this digital ID certificate is available on the
action under consideration. Each proceeding is Mitzi Young, NRC’s public Web site at http://
contention must be one which, if Mitzi.Young@nrc.gov, 301–415–3830. www.nrc.gov/site-help/e-submittals/
proven, would entitle the petitioner to Any person who does not wish, or is getting-started.html. System
relief. A petitioner who does not satisfy not qualified, to become a party to the requirements for accessing the E-
these requirements for at least one proceeding may, in the discretion of the Submittal server are detailed in the
contention will not be permitted to presiding officer, be permitted to make NRC’s ‘‘Guidance for Electronic
participate as a party. a limited appearance pursuant to the Submission,’’ which is available on the
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Those permitted to intervene become provisions of 10 CFR 2.315(a). A person agency’s public Web site at http://
parties to the proceeding, subject to any making a limited appearance may make www.nrc.gov/site-help/e-
limitations in the order granting leave to an oral or written statement of position submittals.html. Participants may
intervene, and have the opportunity to on the issues, but may not otherwise attempt to use other software not listed
participate fully in the conduct of the participate in the proceeding. A limited on the Web site, but should note that the
hearing with respect to resolution of appearance may be made at any session NRC’s E-Filing system does not support
that person’s admitted contentions, of the hearing or at any prehearing unlisted software, and the NRC Meta
including the opportunity to present conference, subject to the limits and System Help Desk will not be able to

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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices 13039

(1) There is a reasonable basis to the petitioner may file its SUNSI Administrative Judge within 5 days of
believe the petitioner is likely to contentions by that later deadline. This the notification by the NRC staff of its
establish standing to participate in this provision does not extend the time for grant of access.
NRC proceeding; and filing a request for a hearing and If challenges to the NRC staff
(2) The requestor has established a petition to intervene, which must determinations are filed, these
legitimate need for access to SUNSI. comply with the requirements of 10 CFR procedures give way to the normal
E. If the NRC staff determines that the 2.309. process for litigating disputes
requestor satisfies both D.(1) and D.(2) G. Review of Denials of Access.
concerning access to information. The
above, the NRC staff will notify the (1) If the request for access to SUNSI
availability of interlocutory review by
requestor in writing that access to is denied by the NRC staff after a
SUNSI has been granted. The written determination on standing and need for the Commission of orders ruling on
notification will contain instructions on access, the NRC staff shall immediately such NRC staff determinations (whether
how the requestor may obtain copies of notify the requestor in writing, briefly granting or denying access) is governed
the requested documents, and any other stating the reason or reasons for the by 10 CFR 2.311.3
conditions that may apply to access to denial. I. The Commission expects that the
those documents. These conditions may (2) The requester may challenge the NRC staff and presiding officers (and
include, but are not limited to, the NRC staff’s adverse determination by any other reviewing officers) will
signing of a Non-Disclosure Agreement filing a challenge within 5 days of consider and resolve requests for access
or Affidavit, or Protective Order 2 setting receipt of that determination with: (a) to SUNSI, and motions for protective
forth terms and conditions to prevent The presiding officer designated in this orders, in a timely fashion in order to
the unauthorized or inadvertent proceeding; (b) if no presiding officer minimize any unnecessary delays in
disclosure of SUNSI by each individual has been appointed, the Chief identifying those petitioners who have
who will be granted access to SUNSI. Administrative Judge, or if he or she is standing and who have propounded
F. Filing of Contentions. Any unavailable, another administrative contentions meeting the specificity and
contentions in these proceedings that judge, or an administrative law judge basis requirements in 10 CFR part 2.
are based upon the information received with jurisdiction pursuant to 10 CFR Attachment 1 to this Order summarizes
as a result of the request made for 2.318(a); or (c) officer if that officer has the general target schedule for
SUNSI must be filed by the requestor no been designated to rule on information processing and resolving requests under
later than 25 days after the requestor is access issues. these procedures.
granted access to that information. H. Review of Grants of Access. A It is so ordered.
However, if more than 25 days remain party other than the requester may
between the date the petitioner is challenge an NRC staff determination Dated at Rockville, Maryland, this 4th of
granted access to the information and granting access to SUNSI whose release March, 2015.
the deadline for filing all other would harm that party’s interest For the Nuclear Regulatory Commission.
contentions (as established in the notice independent of the proceeding. Such a Annette L. Vietti-Cook,
of hearing or opportunity for hearing), challenge must be filed with the Chief Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day Event/Activity

0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
structions for access requests.
10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner reply).
20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
essing (preparation of redactions or review of redacted documents).
25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Agreement for SUNSI.
A ....................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.

2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline staff determinations (because they must be served
Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. on a presiding officer or the Commission, as
3 Requesters should note that the filing
be filed with the presiding officer or the Chief applicable), but not to the initial SUNSI request
Administrative Judge if the presiding officer has not requirements of the NRC’s E-Filing Rule (72 FR submitted to the NRC staff under these procedures.
49139; August 28, 2007) apply to appeals of NRC

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13040 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Notices

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day Event/Activity

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
tive order.
A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 ............. Decision on contention admission.

[FR Doc. 2015–05672 Filed 3–11–15; 8:45 am] The Postal Service 4. The Secretary shall arrange for
BILLING CODE 7590–01–P contemporaneously filed a redacted publication of this order in the Federal
contract related to the proposed new Register.
product under 39 U.S.C. 3632(b)(3) and By the Commission.
POSTAL REGULATORY COMMISSION 39 CFR 3015.5. Id. Attachment B. Shoshana M. Grove,
[Docket Nos. MC2015–34 and CP2015–45;
To support its Request, the Postal Secretary.
Order No. 2384] Service filed a copy of the contract, a
[FR Doc. 2015–05636 Filed 3–11–15; 8:45 am]
copy of the Governors’ Decision
BILLING CODE 7710–FW–P
New Postal Product authorizing the product, proposed
changes to the Mail Classification
AGENCY: Postal Regulatory Commission. Schedule, a Statement of Supporting
ACTION: Notice. POSTAL REGULATORY COMMISSION
Justification, a certification of
compliance with 39 U.S.C. 3633(a), and [Docket Nos. MC2015–36 and CP2015–47;
SUMMARY: The Commission is noticing a Order No. 2382]
recent Postal Service filing concerning an application for non-public treatment
an addition of Priority Mail Contract of certain materials. It also filed
New Postal Product
114 to the competitive product list. This supporting financial workpapers.
notice informs the public of the filing, II. Notice of Commission Action AGENCY: Postal Regulatory Commission.
invites public comment, and takes other ACTION: Notice.
administrative steps. The Commission establishes Docket
DATES: Comments are due: March 16,
Nos. MC2015–34 and CP2015–45 to SUMMARY: The Commission is noticing a
2015. consider the Request pertaining to the recent Postal Service filing concerning
proposed Priority Mail Contract 114 an addition of Priority Mail Contract
ADDRESSES: Submit comments product and the related contract, 116 to the competitive product list. This
electronically via the Commission’s respectively. notice informs the public of the filing,
Filing Online system at http:// The Commission invites comments on invites public comment, and takes other
www.prc.gov. Those who cannot submit whether the Postal Service’s filings in administrative steps.
comments electronically should contact the captioned dockets are consistent DATES: Comments are due: March 13,
the person identified in the FOR FURTHER with the policies of 39 U.S.C. 3632, 2015.
INFORMATION CONTACT section by
3633, or 3642, 39 CFR part 3015, and 39 ADDRESSES: Submit comments
telephone for advice on filing CFR part 3020, subpart B. Comments are
alternatives. electronically via the Commission’s
due no later than March 16, 2015. The Filing Online system at http://
FOR FURTHER INFORMATION CONTACT: public portions of these filings can be www.prc.gov. Those who cannot submit
David A. Trissell, General Counsel, at accessed via the Commission’s Web site comments electronically should contact
202–789–6820. (http://www.prc.gov). the person identified in the FOR FURTHER
SUPPLEMENTARY INFORMATION: The Commission appoints Kenneth R. INFORMATION CONTACT section by
Table of Contents Moeller to serve as Public telephone for advice on filing
Representative in these dockets. alternatives.
I. Introduction
II. Notice of Commission Action III. Ordering Paragraphs FOR FURTHER INFORMATION CONTACT:
III. Ordering Paragraphs David A. Trissell, General Counsel, at
It is ordered:
I. Introduction 202–789–6820.
1. The Commission establishes Docket
Nos. MC2015–34 and CP2015–45 to SUPPLEMENTARY INFORMATION:
In accordance with 39 U.S.C. 3642
and 39 CFR 3020.30 et seq., the Postal consider the matters raised in each Table of Contents
Service filed a formal request and docket.
asabaliauskas on DSK5VPTVN1PROD with NOTICES

I. Introduction
associated supporting information to 2. Pursuant to 39 U.S.C. 505, Kenneth II. Notice of Commission Action
add Priority Mail Contract 114 to the R. Moeller is appointed to serve as an III. Ordering Paragraphs
competitive product list.1 officer of the Commission to represent
the interests of the general public in I. Introduction
1 Request of the United States Postal Service to these proceedings (Public In accordance with 39 U.S.C. 3642
Add Priority Mail Contract 114 to Competitive Representative).
Product List and Notice of Filing (Under Seal) of
and 39 CFR 3020.30 et seq., the Postal
Unredacted Governors’ Decision, Contract, and 3. Comments are due no later than Service filed a formal request and
Supporting Data, March 4, 2015 (Request). March 16, 2015. associated supporting information to

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Document Created: 2018-02-21 09:36:01
Document Modified: 2018-02-21 09:36:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Construction permit application; hearing, opportunity to petition for leave to intervene; order imposing procedures for access to Sensitive Unclassified Non-Safeguards Information (SUNSI).
Dates		A petition for leave to intervene must be filed by May 11, 2015.
Contact		Steven Lynch, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-1524, email: [email protected]
FR Citation		80 FR 13036