80_FR_32034 80 FR 31927 - License Amendment Applications: Mallinckrodt LLC

80 FR 31927 - License Amendment Applications: Mallinckrodt LLC

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 107 (June 4, 2015)

Page Range31927-31929
FR Document2015-13669

The U.S. Nuclear Regulatory Commission (NRC) has received an application from Mallinckrodt LLC to amend NRC Source Materials License No. STB-401 to allow the option to perform direct dose assessment of residual radioactivity in addition to using derived concentration guideline levels (DCGLs) to demonstrate compliance with the license termination criteria at the Mallinckrodt site in St. Louis, Missouri.

Federal Register, Volume 80 Issue 107 (Thursday, June 4, 2015)
[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31927-31929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13669]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-6563; NRC-2015-0139]


License Amendment Applications: Mallinckrodt LLC

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 received an 
application from Mallinckrodt LLC to amend NRC Source Materials License 
No. STB-401 to allow the option to perform direct dose assessment of 
residual radioactivity in addition to using derived concentration 
guideline levels (DCGLs) to demonstrate compliance with the license 
termination criteria at the Mallinckrodt site in St. Louis, Missouri.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by August 3, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0139 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-2015-0139. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 [email protected]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced. The 
license amendment request is available in ADAMS under Accession No. 
ML15063A404.
     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: Karen Pinkston, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-3650; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received, by letter dated February 12, 2015 (ADAMS 
Accession No. ML15063A404), an application from Mallinckrodt LLC to 
amend NRC Source Materials License No. STB-401. The licensee requests 
the option to perform direct dose assessment of residual radioactivity 
in addition to using DCGLs to demonstrate compliance with the license 
termination criteria in section 20.1402 of Title 10 of the Code of 
Federal Regulations (10 CFR), at the Mallinckrodt site in St. Louis, 
Missouri. The license currently states that Decommissioning of 
Columbium-Tantalum (C-T) process area building slabs and foundations, 
paved surfaces, and all subsurface materials, shall be done in 
accordance with the Mallinckrodt C-T Decommissioning Project, C-T Phase 
II Decommissioning Plan, Revision 2, submitted to the NRC on October 
14, 2008 (ADAMS Accession No. ML083150652), and revisions submitted on 
June 3, 2010 (ADAMS Accession No. ML101620140). This decommissioning 
plan only included the use of the DCGL approach to demonstrate 
compliance with the license termination criteria. The NRC guidance in 
NUREG-1757, Vol. 2, allows for the use of either the DCGL or dose 
assessment approach in demonstrating compliance with 10 CFR 20.1402.
    An NRC administrative completeness review found the application 
acceptable for a technical review (ADAMS Accession No. ML15093A112). 
Prior to approving the proposed action, 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. Environmental findings will be documented in 
a separate environmental assessment. The environmental assessment will 
be the subject of a subsequent notice in the Federal Register.

[[Page 31928]]

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 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 
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 petitioner intends 
to rely in proving the contention at the hearing. The petitioner must 
also provide references to those specific sources and documents of 
which the petitioner is aware and on which the petitioner intends to 
rely to establish those facts or expert opinion. The petition must 
include sufficient information to show that a genuine dispute exists 
concerning 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 petitioner to relief. A 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 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 
August 3, 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 Sec.  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 
August 3, 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 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 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

[[Page 31929]]

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 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 
[email protected], 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 22nd day of May 2015.

    For the Nuclear Regulatory Commission.
Christepher McKenney,
Acting Deputy Director, Division of Decommissioning, Uranium Recovery, 
and Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-13669 Filed 6-3-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                   Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices                                           31927

                                                       Total Burden Hours: 50.0.                            NUCLEAR REGULATORY                                     the NRC’s PDR, Room O1–F21, One
                                                       Total Annualized Capital/Start Up                    COMMISSION                                             White Flint North, 11555 Rockville
                                                    Costs: 0.                                                                                                      Pike, Rockville, Maryland 20852.
                                                                                                            [Docket No. 40–6563; NRC–2015–0139]
                                                       Total Annual Costs (Operating/                                                                              FOR FURTHER INFORMATION CONTACT:
                                                    Maintaining systems or Purchasing                       License Amendment Applications:                        Karen Pinkston, Office of Nuclear
                                                    Services): 0.                                           Mallinckrodt LLC                                       Material Safety and Safeguards, U.S.
                                                       The National Endowment for the Arts’                 AGENCY:  Nuclear Regulatory                            Nuclear Regulatory Commission,
                                                    mission is ‘‘To strengthen the creative                 Commission.                                            Washington DC 20555–0001; telephone:
                                                    capacity of our communities by                          ACTION: License amendment application;                 301–415–3650; email: Karen.Pinkston@
                                                    providing all Americans with diverse                    opportunity to request a hearing and to                nrc.gov.
                                                    opportunities for arts participation.’’                 petition for leave to intervene.                       SUPPLEMENTARY INFORMATION:
                                                       With the advice of the National                      SUMMARY:    The U.S. Nuclear Regulatory                I. Introduction
                                                    Council on the Arts and advisory                        Commission (NRC) has received an
                                                    panels, the Chairman establishes                        application from Mallinckrodt LLC to                      The NRC received, by letter dated
                                                    eligibility requirements and criteria for               amend NRC Source Materials License                     February 12, 2015 (ADAMS Accession
                                                    the review of applications for funding.                 No. STB–401 to allow the option to                     No. ML15063A404), an application from
                                                    Section 959(c) of the Endowment’s                       perform direct dose assessment of                      Mallinckrodt LLC to amend NRC Source
                                                    enabling legislation, as amended, directs               residual radioactivity in addition to                  Materials License No. STB–401. The
                                                    the Chairman to utilize advisory panels                 using derived concentration guideline                  licensee requests the option to perform
                                                    to review applications and to make                      levels (DCGLs) to demonstrate                          direct dose assessment of residual
                                                    recommendations to the National                         compliance with the license termination                radioactivity in addition to using DCGLs
                                                    Council on the Arts, which in turn                      criteria at the Mallinckrodt site in St.               to demonstrate compliance with the
                                                    makes recommendations to the                            Louis, Missouri.                                       license termination criteria in section
                                                    Chairman.                                               DATES: A request for a hearing or                      20.1402 of Title 10 of the Code of
                                                       The legislation requires the Chairman                petition for leave to intervene must be                Federal Regulations (10 CFR), at the
                                                    ‘‘(1) to ensure that all panels are                     filed by August 3, 2015.                               Mallinckrodt site in St. Louis, Missouri.
                                                    composed, to the extent practicable, of                 ADDRESSES: Please refer to Docket ID                   The license currently states that
                                                    individuals reflecting a wide                           NRC–2015–0139 when contacting the                      Decommissioning of Columbium-
                                                    geographic, ethnic, and minority                        NRC about the availability of                          Tantalum (C–T) process area building
                                                    representation as well as to (2) ensure                 information regarding this document.                   slabs and foundations, paved surfaces,
                                                    that all panels include representation of               You may obtain publicly-available                      and all subsurface materials, shall be
                                                    lay individuals who are knowledgeable                   information related to this document                   done in accordance with the
                                                                                                            using any of the following methods:                    Mallinckrodt C–T Decommissioning
                                                    about the arts . . .’’ In addition, the
                                                                                                               • Federal Rulemaking Web site: Go to                Project, C–T Phase II Decommissioning
                                                    membership of each panel must change
                                                                                                            http://www.regulations.gov and search
                                                    substantially from year to year and each                                                                       Plan, Revision 2, submitted to the NRC
                                                                                                            for Docket ID NRC–2015–0139. Address
                                                    individual is ineligible to serve on a                                                                         on October 14, 2008 (ADAMS Accession
                                                                                                            questions about NRC dockets to Carol
                                                    panel for more than 3 consecutive years.                Gallagher; telephone: 301–415–3463;                    No. ML083150652), and revisions
                                                    To assist with efforts to meet these                    email: Carol.Gallagher@nrc.gov. For                    submitted on June 3, 2010 (ADAMS
                                                    legislated mandates regarding                           technical questions, contact the                       Accession No. ML101620140). This
                                                    representation on advisory panels, the                  individual listed in the FOR FURTHER                   decommissioning plan only included
                                                    endowment has established an                            INFORMATION CONTACT section of this                    the use of the DCGL approach to
                                                    Automated Panel Bank System (APBS),                     document.                                              demonstrate compliance with the
                                                    a computer database of names,                              • NRC’s Agencywide Documents                        license termination criteria. The NRC
                                                    addresses, areas of expertise and other                 Access and Management System                           guidance in NUREG–1757, Vol. 2,
                                                    basic information on individuals who                    (ADAMS): You may obtain publicly                       allows for the use of either the DCGL or
                                                    are qualified to serve as panelists for the             available documents online in the                      dose assessment approach in
                                                    Arts Endowment.                                         ADAMS Public Documents collection at                   demonstrating compliance with 10 CFR
                                                       The Panelist Profile Form, for which                 http://www.nrc.gov/reading-rm/                         20.1402.
                                                    clearance is requested, is used to gather               adams.html. To begin the search, select                   An NRC administrative completeness
                                                                                                            ‘‘ADAMS Public Documents’’ and then                    review found the application acceptable
                                                    basic information from qualified
                                                                                                            select ‘‘Begin Web-based ADAMS                         for a technical review (ADAMS
                                                    individuals recommended by the arts
                                                                                                            Search.’’ For problems with ADAMS,
                                                    community; arts organizations;                                                                                 Accession No. ML15093A112). Prior to
                                                                                                            please contact the NRC’s Public
                                                    Members of Congress; the general                                                                               approving the proposed action, the NRC
                                                                                                            Document Room (PDR) reference staff at
                                                    public; local, state, and regional arts                                                                        will need to make the findings required
                                                                                                            1–800–397–4209, 301–415–4737, or by
                                                    organizations; Endowment staff; and                     email to pdr.resource@nrc.gov. The                     by the Atomic Energy Act of 1954 as
                                                    others.                                                 ADAMS accession number for each                        amended (the Act), and the NRC’s
wreier-aviles on DSK5TPTVN1PROD with NOTICES




                                                      Dated: June 1, 2015.                                  document referenced (if it available in                regulations. These findings will be
                                                                                                            ADAMS) is provided the first time that                 documented in a safety evaluation
                                                    Kathy Plowitz-Worden,
                                                                                                            a document is referenced. The license                  report. Environmental findings will be
                                                    Panel Coordinator, National Endowment for                                                                      documented in a separate
                                                    the Arts.                                               amendment request is available in
                                                                                                            ADAMS under Accession No.                              environmental assessment. The
                                                    [FR Doc. 2015–13630 Filed 6–3–15; 8:45 am]
                                                                                                            ML15063A404.                                           environmental assessment will be the
                                                    BILLING CODE 7536–01–P
                                                                                                               • NRC’s PDR: You may examine and                    subject of a subsequent notice in the
                                                                                                            purchase copies of public documents at                 Federal Register.


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                                                    31928                          Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices

                                                    II. Opportunity To Request a Hearing                    support the contention and on which                    2.309(d) if the facility is located within
                                                    and Petition for Leave To Intervene                     the petitioner intends to rely in proving              its boundaries. A State, local
                                                       Within 60 days after the date of                     the contention at the hearing. The                     governmental body, Federally-
                                                    publication of this notice, any person(s)               petitioner must also provide references                recognized Indian Tribe, or agency
                                                    whose interest may be affected by this                  to those specific sources and documents                thereof may also have the opportunity to
                                                    action may file a request for a hearing                 of which the petitioner is aware and on                participate under 10 CFR 2.315(c).
                                                                                                            which the petitioner intends to rely to                   If a hearing is granted, any person
                                                    and a petition to intervene with respect
                                                                                                            establish those facts or expert opinion.               who does not wish, or is not qualified,
                                                    to issuance of the amendment to the
                                                                                                            The petition must include sufficient                   to become a party to the proceeding
                                                    subject facility operating license or
                                                                                                            information to show that a genuine                     may, in the discretion of the presiding
                                                    combined license. Requests for a
                                                                                                            dispute exists concerning a material                   officer, be permitted to make a limited
                                                    hearing and a petition for leave to
                                                                                                            issue of law or fact. Contentions shall be             appearance pursuant to the provisions
                                                    intervene shall be filed in accordance
                                                                                                            limited to matters within the scope of                 of 10 CFR 2.315(a). A person making a
                                                    with the Commission’s ‘‘Agency Rules
                                                                                                            the amendment under consideration.                     limited appearance may make an oral or
                                                    of Practice and Procedure’’ in 10 CFR
                                                                                                            The contention must be one which, if                   written statement of position on the
                                                    part 2. Interested person(s) should                                                                            issues, but may not otherwise
                                                                                                            proven, would entitle the petitioner to
                                                    consult a current copy of 10 CFR 2.309,                                                                        participate in the proceeding. A limited
                                                                                                            relief. A petitioner who fails to satisfy
                                                    which is available at the NRC’s PDR,                                                                           appearance may be made at any session
                                                                                                            these requirements with respect to at
                                                    located in One White Flint North, Room                                                                         of the hearing or at any prehearing
                                                                                                            least one contention will not be
                                                    O1–F21 (first floor), 11555 Rockville                                                                          conference, subject to the limits and
                                                                                                            permitted to participate as a party.
                                                    Pike, Rockville, Maryland 20852. The                       Those permitted to intervene become                 conditions as may be imposed by the
                                                    NRC’s regulations are accessible                        parties to the proceeding, subject to any              presiding officer. Persons desiring to
                                                    electronically from the NRC Library on                  limitations in the order granting leave to             make a limited appearance are
                                                    the NRC’s Web site at http://                           intervene, and have the opportunity to                 requested to inform the Secretary of the
                                                    www.nrc.gov/reading-rm/doc-                             participate fully in the conduct of the                Commission by August 3, 2015.
                                                    collections/cfr/. If a request for a hearing            hearing with respect to resolution of
                                                    or petition for leave to intervene is filed                                                                    III. Electronic Submissions (E-Filing)
                                                                                                            that person’s admitted contentions,
                                                    within 60 days, the Commission or a                     including the opportunity to present                      All documents filed in NRC
                                                    presiding officer designated by the                     evidence and to submit a cross-                        adjudicatory proceedings, including a
                                                    Commission or by the Chief                              examination plan for cross-examination                 request for hearing, a petition for leave
                                                    Administrative Judge of the Atomic                      of witnesses, consistent with NRC                      to intervene, any motion or other
                                                    Safety and Licensing Board Panel will                   regulations, policies, and procedures.                 document filed in the proceeding prior
                                                    rule on the request and/or petition. The                The Atomic Safety and Licensing Board                  to the submission of a request for
                                                    Secretary or the Chief Administrative                   will set the time and place for any                    hearing or petition to intervene, and
                                                    Judge of the Atomic Safety and                          prehearing conferences and evidentiary                 documents filed by interested
                                                    Licensing Board will issue a notice of                  hearings, and the appropriate notices                  governmental entities participating
                                                    hearing or an appropriate order.                        will be provided.                                      under 10 CFR 2.315(c), must be filed in
                                                       As required by 10 CFR 2.309, a                          Petitions for leave to intervene must               accordance with the NRC’s E-Filing rule
                                                    petition for leave to intervene shall set               be filed no later than 60 days from the                (72 FR 49139; August 28, 2007). The E-
                                                    forth, with particularity, the interest of              date of publication of this notice.                    Filing process requires participants to
                                                    the petitioner in the proceeding and                    Requests for hearing, petitions for leave              submit and serve all adjudicatory
                                                    how that interest may be affected by the                to intervene, and motions for leave to                 documents over the internet, or in some
                                                    results of the proceeding. The petition                 file new or amended contentions that                   cases to mail copies on electronic
                                                    should specifically explain the reasons                 are filed after the 60-day deadline will               storage media. Participants may not
                                                    why intervention should be permitted,                   not be entertained absent a                            submit paper copies of their filings
                                                    with particular reference to the                        determination by the presiding officer                 unless they seek an exemption in
                                                    following general requirements: (1) The                 that the filing demonstrates good cause                accordance with the procedures
                                                    name, address, and telephone number of                  by satisfying the three factors in 10 CFR              described below.
                                                    the requestor or petitioner; (2) the                    2.309(c)(1)(i)–(iii).                                     To comply with the procedural
                                                    nature of the requestor’s/petitioner’s                     A State, local governmental body,                   requirements of E-Filing, at least ten 10
                                                    right under the Act to be made a party                  federally-recognized Indian tribe, or                  days prior to the filing deadline, the
                                                    to the proceeding; (3) the nature and                   agency thereof, may submit a petition to               participant should contact the Office of
                                                    extent of the requestor’s/petitioner’s                  the Commission to participate as a party               the Secretary by email at
                                                    property, financial, or other interest in               under 10 CFR 2.309(h)(1). The petition                 hearing.docket@nrc.gov, or by telephone
                                                    the proceeding; and (4) the possible                    should state the nature and extent of the              at 301–415–1677, to request (1) a digital
                                                    effect of any decision or order which                   petitioner’s interest in the proceeding.               identification (ID) certificate, which
                                                    may be entered in the proceeding on the                 The petition should be submitted to the                allows the participant (or its counsel or
                                                    requestor’s/petitioner’s interest. The                  Commission by August 3, 2015. The                      representative) to digitally sign
                                                    petition must also set forth the specific               petition must be filed in accordance                   documents and access the E-Submittal
                                                    contentions which the requestor/                        with the filing instructions in the                    server for any proceeding in which it is
                                                    petitioner seeks to have litigated at the               ‘‘Electronic Submissions (E-Filing)’’                  participating; and (2) advise the
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                                                    proceeding.                                             section of this document, and should                   Secretary that the participant will be
                                                       Each contention must consist of a                    meet the requirements for petitions for                submitting a request or petition for
                                                    specific statement of the issue of law or               leave to intervene set forth in this                   hearing (even in instances in which the
                                                    fact to be raised or controverted. In                   section, except that under § 2.309(h)(2)               participant, or its counsel or
                                                    addition, the petitioner shall provide a                a State, local governmental body, or                   representative, already holds an NRC-
                                                    brief explanation of the bases for the                  Federally-recognized Indian tribe, or                  issued digital ID certificate). Based upon
                                                    contention and a concise statement of                   agency thereof does not need to address                this information, the Secretary will
                                                    the alleged facts or expert opinion that                the standing requirements in 10 CFR                    establish an electronic docket for the


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                                                                                   Federal Register / Vol. 80, No. 107 / Thursday, June 4, 2015 / Notices                                                  31929

                                                    hearing in this proceeding if the                       apply for and receive a digital ID                     intervene will require including
                                                    Secretary has not already established an                certificate before a hearing request/                  information on local residence in order
                                                    electronic docket.                                      petition to intervene is filed so that they            to demonstrate a proximity assertion of
                                                       Information about applying for a                     can obtain access to the document via                  interest in the proceeding. With respect
                                                    digital ID certificate is available on the              the E-Filing system.                                   to copyrighted works, except for limited
                                                    NRC’s public Web site at http://                           A person filing electronically using                excerpts that serve the purpose of the
                                                    www.nrc.gov/site-help/e-submittals/                     the NRC’s adjudicatory E-Filing system                 adjudicatory filings and would
                                                    getting-started.html. System                            may seek assistance by contacting the                  constitute a Fair Use application,
                                                    requirements for accessing the E-                       NRC Meta System Help Desk through                      participants are requested not to include
                                                    Submittal server are detailed in the                    the ‘‘Contact Us’’ link located on the                 copyrighted materials in their
                                                    NRC’s ‘‘Guidance for Electronic                         NRC’s public Web site at http://                       submission.
                                                    Submission,’’ which is available on the                 www.nrc.gov/site-help/e-
                                                                                                                                                                     Dated at Rockville, Maryland, this 22nd
                                                    agency’s public Web site at http://                     submittals.html, by email to                           day of May 2015.
                                                    www.nrc.gov/site-help/e-                                MSHD.Resource@nrc.gov, or by a toll-
                                                                                                                                                                     For the Nuclear Regulatory Commission.
                                                    submittals.html. Participants may                       free call at 1–866–672–7640. The NRC
                                                    attempt to use other software not listed                Meta System Help Desk is available                     Christepher McKenney,
                                                    on the Web site, but should note that the               between 8 a.m. and 8 p.m., Eastern                     Acting Deputy Director, Division of
                                                    NRC’s E-Filing system does not support                  Time, Monday through Friday,                           Decommissioning, Uranium Recovery, and
                                                                                                                                                                   Waste Programs, Office of Nuclear Material
                                                    unlisted software, and the NRC Meta                     excluding government holidays.
                                                                                                                                                                   Safety and Safeguards.
                                                    System Help Desk will not be able to                       Participants who believe that they
                                                                                                                                                                   [FR Doc. 2015–13669 Filed 6–3–15; 8:45 am]
                                                    offer assistance in using unlisted                      have a good cause for not submitting
                                                                                                            documents electronically must file an                  BILLING CODE 7590–01–P
                                                    software.
                                                       If a participant is electronically                   exemption request, in accordance with
                                                    submitting a document to the NRC in                     10 CFR 2.302(g), with their initial paper
                                                    accordance with the E-Filing rule, the                  filing requesting authorization to                     NUCLEAR REGULATORY
                                                    participant must file the document                      continue to submit documents in paper                  COMMISSION
                                                    using the NRC’s online, Web-based                       format. Such filings must be submitted                 [NRC–2015–0001]
                                                    submission form. In order to serve                      by: (1) First class mail addressed to the
                                                    documents through the Electronic                        Office of the Secretary of the                         Sunshine Act Meeting
                                                    Information Exchange System, users                      Commission, U.S. Nuclear Regulatory
                                                    will be required to install a Web                       Commission, Washington, DC 20555–                      DATES:   June 8, 15, 22, 29, July 6, 13,
                                                    browser plug-in from the NRC’s Web                      0001, Attention: Rulemaking and                        2015.
                                                    site. Further information on the Web-                   Adjudications Staff; or (2) courier,                   PLACE:Commissioners’ Conference
                                                    based submission form, including the                    express mail, or expedited delivery                    Room, 11555 Rockville Pike, Rockville,
                                                    installation of the Web browser plug-in,                service to the Office of the Secretary,                Maryland.
                                                    is available on the NRC’s public Web                    Sixteenth Floor, One White Flint North,                STATUS: Public and Closed.
                                                    site at http://www.nrc.gov/site-help/e-                 11555 Rockville Pike, Rockville,
                                                    submittals.html.                                        Maryland, 20852, Attention:                            Week of June 8, 2015—Tentative
                                                       Once a participant has obtained a                    Rulemaking and Adjudications Staff.                    Tuesday, June 9, 2015
                                                    digital ID certificate and a docket has                 Participants filing a document in this
                                                    been created, the participant can then                                                                         9:25—Affirmation Session (Public
                                                                                                            manner are responsible for serving the
                                                    submit a request for hearing or petition                                                                            Meeting) (Tentative)
                                                                                                            document on all other participants.
                                                    for leave to intervene. Submissions                                                                              a. Motions to Reopen and Proposed
                                                                                                            Filing is considered complete by first-
                                                    should be in Portable Document Format                                                                               New Contentions Regarding
                                                                                                            class mail as of the time of deposit in
                                                    (PDF) in accordance with NRC guidance                                                                               Continued Storage (multiple
                                                                                                            the mail, or by courier, express mail, or
                                                    available on the NRC’s public Web site                                                                              dockets)
                                                                                                            expedited delivery service upon
                                                    at http://www.nrc.gov/site-help/e-                                                                               b. Final Rule: Cyber Security Event
                                                                                                            depositing the document with the
                                                    submittals.html. A filing is considered                                                                             Notifications (10 CFR Part 73) (RIN
                                                                                                            provider of the service. A presiding
                                                    complete at the time the documents are                                                                              3150 AJ37)
                                                                                                            officer, having granted an exemption
                                                    submitted through the NRC’s E-Filing                                                                           9:30 a.m.—Briefing on NRC Insider
                                                                                                            request from using E-Filing, may require
                                                    system. To be timely, an electronic                                                                                 Threat Program (Closed—Ex. 1 & 2)
                                                                                                            a participant or party to use E-Filing if
                                                    filing must be submitted to the E-Filing                the presiding officer subsequently                     Thursday, June 11, 2015
                                                    system no later than 11:59 p.m. Eastern                 determines that the reason for granting                10:00 a.m.—Meeting with the Advisory
                                                    Time on the due date. Upon receipt of                   the exemption from use of E-Filing no                      Committee on Reactor Safeguards
                                                    a transmission, the E-Filing system                     longer exists.                                             (Public Meeting) (Contact: Edwin
                                                    time-stamps the document and sends                         Documents submitted in adjudicatory
                                                                                                                                                                       Hackett, 301–415–7360)
                                                    the submitter an email notice                           proceedings will appear in the NRC’s
                                                    confirming receipt of the document. The                 electronic hearing docket which is                       This meeting will be webcast live at
                                                    E-Filing system also distributes an email               available to the public at http://                     the Web address—http://www.nrc.gov/.
                                                    notice that provides access to the                      ehd1.nrc.gov/ehd/, unless excluded                     Week of June 15, 2015—Tentative
                                                    document to the NRC’s Office of the                     pursuant to an order of the Commission,
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                                                    General Counsel and any others who                      or the presiding officer. Participants are               There are no meetings scheduled for
                                                    have advised the Office of the Secretary                requested not to include personal                      the week of June 15, 2015.
                                                    that they wish to participate in the                    privacy information, such as social                    Week of June 22, 2015—Tentative
                                                    proceeding, so that the filer need not                  security numbers, home addresses, or
                                                    serve the documents on those                            home phone numbers in their filings,                   Tuesday, June 23
                                                    participants separately. Therefore,                     unless an NRC regulation or other law                  9:00 a.m.—Briefing on Human Capital
                                                    applicants and other participants (or                   requires submission of such                                and Equal Employment
                                                    their counsel or representative) must                   information. However, a request to                         Opportunity (Public Meeting)


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Document Created: 2015-12-15 15:23:48
Document Modified: 2015-12-15 15:23:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment application; opportunity to request a hearing and to petition for leave to intervene.
DatesA request for a hearing or petition for leave to intervene must be filed by August 3, 2015.
ContactKaren Pinkston, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3650; email: [email protected]
FR Citation80 FR 31927 

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