80 FR 21772 - Department of Energy; Fort St. Vrain Independent Spent Fuel Storage Installation

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range		21772-21774
FR Document		2015-09025

The U.S. Nuclear Regulatory Commission (NRC) has docketed a license amendment application from the Department of Energy (DOE). The DOE is requesting a revision to the Technical Specifications for the Fort St. Vrain Independent Spent Fuel Storage Installation located in Platteville, Colorado.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Pages 21772-21774]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-09025]

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-09; NRC-2015-0096]

Department of Energy; Fort St. Vrain Independent Spent Fuel
Storage Installation

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has docketed a
license amendment application from the Department of Energy (DOE). The
DOE is requesting a revision to the Technical Specifications for the
Fort St. Vrain Independent Spent Fuel Storage Installation located in
Platteville, Colorado.

DATES: A request for a hearing must be filed by June 19, 2015. Any
potential party as defined in section 2.4 of title 10 of the Code of
Federal Regulations (10 CFR), who believes access to Sensitive
Unclassified Non-Safeguards Information is necessary to respond to this
notice must request document access by April 30, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0096 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0096. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at 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 (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: Chris Allen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6877; email:
William.Allen@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC received, by letter dated February 17, 2015, a license
amendment application from the Department of Energy (DOE), requesting a
revision to the Technical Specifications for the Fort St. Vrain (FSV)
independent spent fuel storage installation located in Platteville,
Colorado (ADAMS Accession No. ML15068A009). License No. SNM-2504
authorizes the licensee to receive, store, and transfer spent fuel from
the decommissioned FSV Nuclear Generating Station. The proposed
amendment request seeks to revise response times associated with Fuel
Storage Container leak tests and to make an editorial change to the
Technical Specifications table of contents.
An NRC administrative completeness review, documented in a letter
to DOE dated March 6, 2015, found the application acceptable to begin a
technical review (ADAMS Accession No. ML15069A008). The NRC's Office of
Nuclear Materials Safety and Safeguards has docketed this application
under docket number 72-09. If the NRC approves the application, the
approval will be documented in an amendment to NRC License No. SNM-
2504. However, before approving the proposed amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the NRC's regulations. These findings will be
documented in a safety evaluation report. The NRC will evaluate this
amendment and make findings consistent with the National Environmental
Policy Act and 10 CFR part 51.

II. Opportunity To Request a Hearing and Petition for Leave To
Intervene

Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. 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/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel will rule on the request and/or
petition. The Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of hearing or an
appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth, with particularity, the interest of

[[Page 21773]]

the petitioner in the proceeding and how that interest may be affected
by the results of the proceeding. The petition should 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 requestor or petitioner; (2)
the nature of the requestor's/petitioner's right under the Act to be
made a party to the proceeding; (3) the nature and extent of the
requestor's/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 requestor's/petitioner's
interest. The petition must also set forth the specific contentions
which the requestor/petitioner seeks to have litigated at 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
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements 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,
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's 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. Requests for hearing,
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 June
19, 2015. 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 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).
If a hearing is granted, 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
June 19, 2015.

III. 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
ten 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 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

[[Page 21774]]

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 submission.

Dated at Rockville, Maryland, this 10 day of April, 2015.

For the Nuclear Regulatory Commission.
Michele Sampson,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-09025 Filed 4-17-15; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Notices 21773

the petitioner in the proceeding and Petitions for leave to intervene must accordance with the NRC’s E-Filing rule
how that interest may be affected by the be filed no later than 60 days from the (72 FR 49139; August 28, 2007). The E-
results of the proceeding. The petition date of publication of this notice. Filing process requires participants to
should specifically explain the reasons Requests for hearing, petitions for leave submit and serve all adjudicatory
why intervention should be permitted, to intervene, and motions for leave to documents over the internet, or in some
with particular reference to the file new or amended contentions that cases to mail copies on electronic
following general requirements: (1) The are filed after the 60-day deadline will storage media. Participants may not
name, address, and telephone number of not be entertained absent a submit paper copies of their filings
the requestor or petitioner; (2) the determination by the presiding officer unless they seek an exemption in
nature of the requestor’s/petitioner’s that the filing demonstrates good cause accordance with the procedures
right under the Act to be made a party by satisfying the three factors in 10 CFR described below.
to the proceeding; (3) the nature and 2.309(c)(1)(i)–(iii). To comply with the procedural
extent of the requestor’s/petitioner’s A State, local governmental body, requirements of E-Filing, at least ten
property, financial, or other interest in federally-recognized Indian tribe, or days prior to the filing deadline, the
the proceeding; and (4) the possible agency thereof, may submit a petition to participant should contact the Office of
effect of any decision or order which the Commission to participate as a party the Secretary by email at
may be entered in the proceeding on the under 10 CFR 2.309(h)(1). The petition hearing.docket@nrc.gov, or by telephone
requestor’s/petitioner’s interest. The should state the nature and extent of the at 301–415–1677, to request (1) a digital
petition must also set forth the specific petitioner’s interest in the proceeding. identification (ID) certificate, which
contentions which the requestor/ The petition should be submitted to the allows the participant (or its counsel or
petitioner seeks to have litigated at the Commission by June 19, 2015. The representative) to digitally sign
proceeding. petition must be filed in accordance documents and access the E-Submittal
Each contention must consist of a with the filing instructions in the server for any proceeding in which it is
specific statement of the issue of law or ‘‘Electronic Submissions (E-Filing)’’ participating; and (2) advise the
fact to be raised or controverted. In section of this document, and should Secretary that the participant will be
addition, the requestor/petitioner shall meet the requirements for petitions for submitting a request or petition for
provide a brief explanation of the bases leave to intervene set forth in this hearing (even in instances in which the
for the contention and a concise section, except that under 10 CFR participant, or its counsel or
statement of the alleged facts or expert 2.309(h)(2) a State, local governmental representative, already holds an NRC-
opinion that support the contention and body, or Federally-recognized Indian issued digital ID certificate). Based upon
on which the requestor/petitioner tribe, or agency thereof does not need to this information, the Secretary will
intends to rely in proving the contention address the standing requirements in 10 establish an electronic docket for the
at the hearing. The requestor/petitioner CFR 2.309(d) if the facility is located
hearing in this proceeding if the
must also provide references to those within its boundaries. A State, local
Secretary has not already established an
specific sources and documents of governmental body, Federally-
electronic docket.
which the petitioner is aware and on recognized Indian tribe, or agency
which the requestor/petitioner intends thereof may also have the opportunity to Information about applying for a
to rely to establish those facts or expert participate under 10 CFR 2.315(c). digital ID certificate is available on the
opinion. The petition must include If a hearing is granted, any person NRC’s public Web site at http://
sufficient information to show that a who does not wish, or is not qualified, www.nrc.gov/site-help/e-submittals/
genuine dispute exists with the to become a party to the proceeding getting-started.html. System
applicant on a material issue of law or may, in the discretion of the presiding requirements for accessing the E-
fact. Contentions shall be limited to officer, be permitted to make a limited Submittal server are detailed in the
matters within the scope of the appearance pursuant to the provisions NRC’s ‘‘Guidance for Electronic
amendment under consideration. The of 10 CFR 2.315(a). A person making a Submission,’’ which is available on the
contention must be one which, if limited appearance may make an oral or agency’s public Web site at http://
proven, would entitle the requestor/ written statement of position on the www.nrc.gov/site-help/e-
petitioner to relief. A requestor/ issues, but may not otherwise submittals.html. Participants may
petitioner who fails to satisfy these participate in the proceeding. A limited attempt to use other software not listed
requirements with respect to at least one appearance may be made at any session on the Web site, but should note that the
contention will not be permitted to of the hearing or at any prehearing NRC’s E-Filing system does not support
participate as a party. conference, subject to the limits and unlisted software, and the NRC Meta
Those permitted to intervene become conditions as may be imposed by the System Help Desk will not be able to
parties to the proceeding, subject to any presiding officer. Persons desiring to offer assistance in using unlisted
limitations in the order granting leave to make a limited appearance are software.
intervene, and have the opportunity to requested to inform the Secretary of the If a participant is electronically
participate fully in the conduct of the Commission by June 19, 2015. submitting a document to the NRC in
hearing with respect to resolution of accordance with the E-Filing rule, the
that person’s admitted contentions, III. Electronic Submissions (E-Filing) participant must file the document
including the opportunity to present All documents filed in NRC using the NRC’s online, Web-based
evidence and to submit a cross- adjudicatory proceedings, including a submission form. In order to serve
mstockstill on DSK4VPTVN1PROD with NOTICES

examination plan for cross-examination request for hearing, a petition for leave documents through the Electronic
of witnesses, consistent with NRC’s to intervene, any motion or other Information Exchange System, users
regulations, policies, and procedures. document filed in the proceeding prior will be required to install a Web
The Atomic Safety and Licensing Board to the submission of a request for browser plug-in from the NRC’s Web
will set the time and place for any hearing or petition to intervene, and site. Further information on the Web-
prehearing conferences and evidentiary documents filed by interested based submission form, including the
hearings, and the appropriate notices governmental entities participating installation of the Web browser plug-in,
will be provided. under 10 CFR 2.315(c), must be filed in is available on the NRC’s public Web

VerDate Sep<11>2014 17:56 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.SGM 20APN1

Document Created: 2018-02-21 10:12:38
Document Modified: 2018-02-21 10:12:38

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		License amendment application; opportunity to request a hearing and to petition for leave to intervene.
Dates		A request for a hearing must be filed by June 19, 2015. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to Sensitive Unclassified Non-Safeguards Information is necessary to respond to this notice must request document access by April 30, 2015.
Contact		Chris Allen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6877; email: [email protected]
FR Citation		80 FR 21772