80_FR_55829 80 FR 55650 - Uranerz Energy Corporation; Nichols Ranch In Situ Recovery Project

80 FR 55650 - Uranerz Energy Corporation; Nichols Ranch In Situ Recovery Project

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range55650-55654
FR Document2015-23184

The U.S. Nuclear Regulatory Commission (NRC) has received an application from Uranerz Energy Corporation (Uranerz) for amendment of Source Materials License SUA-1597 for the Nichols Ranch Uranium Project. The amendment would authorize the recovery of uranium by in situ leach (ISL) extraction techniques from the Jane Dough Unit. The amendment request contains sensitive unclassified non-safeguards information (SUNSI).

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015)
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Pages 55650-55654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23184]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-09067; NRC-2015-0199]


Uranerz Energy Corporation; Nichols Ranch In Situ Recovery 
Project

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an 
application from Uranerz Energy Corporation (Uranerz) for amendment of 
Source Materials License SUA-1597 for the Nichols Ranch Uranium 
Project. The amendment would authorize the recovery of uranium by in 
situ leach (ISL) extraction techniques from the Jane Dough Unit. The 
amendment request contains sensitive unclassified non-safeguards 
information (SUNSI).

DATES: A request for a hearing or petition for leave to intervene must 
be filed by November 16, 2015. Any potential party as defined in Sec.  
2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to SUNSI is necessary to respond to this notice must 
request document access by September 28, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0199 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-2015-0199. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individuals 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 in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: David D. Brown, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7677; email: 
David.Brown@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The NRC has received, by letter dated May 8, 2014 (Package ADAMS 
Accession No. ML14164A274), an application to amend Uranerz's Source 
Materials License SUA-1597 for the Nichols Ranch Uranium Project in 
Campbell and Johnson Counties, Wyoming. The proposed amendment would 
authorize the recovery of uranium by ISL extraction techniques from the 
Jane Dough Unit. This application contains Sensitive Unclassified Non-
Safeguards Information (SUNSI). Uranerz revised its May 8, 2014, 
application on October 29, 2014 (ADAMS Accession No. ML14309A118); 
April 13, 2015 (ADAMS Accession No. ML15118A063); and June 26, 2015 
(ADAMS Accession No. ML15182A013).
    An NRC administrative review found the application acceptable for a 
technical review (ADAMS Accession No. ML15189A458). Prior to approving 
the amendment request, 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. The NRC's findings will be documented in a safety 
evaluation report and an environmental assessment. The environmental 
assessment will be the subject of a subsequent notice in the Federal 
Register.

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. 
Requests for a hearing and a petition for leave to intervene shall be 
filed in accordance with the NRC'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. 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

[[Page 55651]]

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 must specifically explain the reasons why 
intervention should be permitted, with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the 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 include the specific contentions that 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 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 
November 16, 2015. The petition must be filed in accordance with the 
filing instructions in the ``Electronic Submission (E-Filing)'' section 
of this document, and should meet the requirements for petitions for 
leave to intervene set forth in this section, except that under 10 CFR 
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian Tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    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 
November 16, 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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to 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-

[[Page 55652]]

based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding Federal 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, in some instances, 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.

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

Uranerz Energy Corporation, Docket No. 040-09067, Nichols Ranch In Situ 
Recovery Project, Campbell and Johnson Counties, Wyoming

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

[[Page 55653]]

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

    Dated at Rockville, Maryland, this 8th day of September, 2015.

    For the Nuclear Regulatory Commission.
Richard J. Laufer,
Acting, Secretary of the Commission.

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
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             Day                             Event/Activity
------------------------------------------------------------------------
0............................  Publication of Federal Register notice of
                                hearing and opportunity to petition for
                                leave to intervene, including order with
                                instructions for access requests.
10...........................  Deadline for submitting requests for
                                access to Sensitive Unclassified Non-
                                Safeguards Information (SUNSI) with
                                information: Supporting the standing of
                                a potential party identified by name and
                                address; describing the need for the
                                information in order for the potential
                                party to participate meaningfully in an
                                adjudicatory proceeding.
60...........................  Deadline for submitting petition for
                                intervention containing: (i)
                                Demonstration of standing; and (ii) all
                                contentions whose formulation does not
                                require access to SUNSI (+25 Answers to
                                petition for intervention; +7 petitioner/
                                requestor reply).
20...........................  U.S. Nuclear Regulatory Commission (NRC)
                                staff informs the requester of the
                                staff's determination whether the
                                request for access provides a reasonable
                                basis to believe standing can be
                                established and shows need for SUNSI.
                                (NRC staff also informs any party to the
                                proceeding whose interest independent of
                                the proceeding would be harmed by the
                                release of the information.) If NRC
                                staff makes the finding of need for
                                SUNSI and likelihood of standing, NRC
                                staff begins document processing
                                (preparation of redactions or review of
                                redacted documents).
25...........................  If NRC staff finds no ``need'' or no
                                likelihood of standing, the deadline for
                                petitioner/requester to file a motion
                                seeking a ruling to reverse the NRC
                                staff's denial of access; NRC staff
                                files copy of access determination with
                                the presiding officer (or Chief
                                Administrative Judge or other designated
                                officer, as appropriate). If NRC staff
                                finds ``need'' for SUNSI, the deadline
                                for any party to the proceeding whose
                                interest independent of the proceeding
                                would be harmed by the release of the
                                information to file a motion seeking a
                                ruling to reverse the NRC staff's grant
                                of access.
30...........................  Deadline for NRC staff reply to motions
                                to reverse NRC staff determination(s).
40...........................  (Receipt +30) If NRC staff finds standing
                                and need for SUNSI, deadline for NRC
                                staff to complete information processing
                                and file motion for Protective Order and
                                draft Non-Disclosure Affidavit. Deadline
                                for applicant/licensee to file Non-
                                Disclosure Agreement for SUNSI.
A............................  If access granted: Issuance of presiding
                                officer or other designated officer
                                decision on motion for protective order
                                for access to sensitive information
                                (including schedule for providing access
                                and submission of contentions) or
                                decision reversing a final adverse
                                determination by the NRC staff.
A + 3........................  Deadline for filing executed Non-
                                Disclosure Affidavits. Access provided
                                to SUNSI consistent with decision
                                issuing the protective order.

[[Page 55654]]

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

[FR Doc. 2015-23184 Filed 9-15-15; 8:45 am]
BILLING CODE 7590-01-P



                                                    55650                    Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

                                                      14. DATE: October 27, 2015.                           application from Uranerz Energy                       I. Background
                                                      TIME: 8:30 a.m. to 5:00 p.m.                          Corporation (Uranerz) for amendment of
                                                      ROOM: P002.                                           Source Materials License SUA–1597 for                    The NRC has received, by letter dated
                                                      This meeting will discuss                             the Nichols Ranch Uranium Project. The                May 8, 2014 (Package ADAMS
                                                    applications on the subject of American                 amendment would authorize the                         Accession No. ML14164A274), an
                                                    Studies: Media Studies, for the                         recovery of uranium by in situ leach                  application to amend Uranerz’s Source
                                                    Humanities Collections and Reference                    (ISL) extraction techniques from the                  Materials License SUA–1597 for the
                                                    Resources grant program, submitted to                   Jane Dough Unit. The amendment                        Nichols Ranch Uranium Project in
                                                    the Division of Preservation and Access.                request contains sensitive unclassified               Campbell and Johnson Counties,
                                                      15. DATE: October 28, 2015.                           non-safeguards information (SUNSI).                   Wyoming. The proposed amendment
                                                      TIME: 8:30 a.m. to 5:00 p.m.                          DATES: A request for a hearing or                     would authorize the recovery of
                                                      ROOM: 4002.                                           petition for leave to intervene must be               uranium by ISL extraction techniques
                                                      This meeting will discuss                             filed by November 16, 2015. Any                       from the Jane Dough Unit. This
                                                    applications on the subject of History,                 potential party as defined in § 2.4 of                application contains Sensitive
                                                    for Media Projects: Production Grants,                  Title 10 of the Code of Federal                       Unclassified Non-Safeguards
                                                    submitted to the Division of Public                     Regulations (10 CFR), who believes                    Information (SUNSI). Uranerz revised
                                                    Programs.                                               access to SUNSI is necessary to respond               its May 8, 2014, application on October
                                                      16. DATE: October 29, 2015.                           to this notice must request document                  29, 2014 (ADAMS Accession No.
                                                      TIME: 8:30 a.m. to 5:00 p.m.                          access by September 28, 2015.                         ML14309A118); April 13, 2015
                                                      ROOM: Virtual Meeting.                                ADDRESSES: Please refer to Docket ID                  (ADAMS Accession No. ML15118A063);
                                                      This meeting will discuss                             NRC–2015–0199 when contacting the                     and June 26, 2015 (ADAMS Accession
                                                    applications on the subject of                          NRC about the availability of                         No. ML15182A013).
                                                    Linguistics, for the Humanities                         information regarding this document.                     An NRC administrative review found
                                                    Collections and Reference Resources                     You may obtain publicly-available                     the application acceptable for a
                                                    grant program, submitted to the Division                information related to this document                  technical review (ADAMS Accession
                                                    of Preservation and Access.                             using any of the following methods:                   No. ML15189A458). Prior to approving
                                                      17. DATE: October 29, 2015.                              • Federal Rulemaking Web site: Go to               the amendment request, the NRC will
                                                      TIME: 8:30 a.m. to 5:00 p.m.                          http://www.regulations.gov and search                 need to make the findings required by
                                                      ROOM: 4002.                                           for Docket ID NRC–2015–0199. Address                  the Atomic Energy Act of 1954, as
                                                      This meeting will discuss                             questions about NRC dockets to Carol                  amended (the Act), and the NRC’s
                                                    applications on the subject History, for                Gallagher; telephone: 301–415–3463;                   regulations. The NRC’s findings will be
                                                    Media Projects: Production Grants,                      email: Carol.Gallagher@nrc.gov. For                   documented in a safety evaluation
                                                    submitted to the Division of Public                     technical questions, contact the                      report and an environmental
                                                    Programs. Because these meetings will                   individuals listed in the FOR FURTHER                 assessment. The environmental
                                                    include review of personal and/or                       INFORMATION CONTACT section of this                   assessment will be the subject of a
                                                    proprietary financial and commercial                    document.                                             subsequent notice in the Federal
                                                    information given in confidence to the                     • NRC’s Agencywide Documents                       Register.
                                                    agency by grant applicants, the meetings                Access and Management System
                                                    will be closed to the public pursuant to                (ADAMS): You may obtain publicly-                     II. Opportunity To Request a Hearing
                                                    sections 552b(c)(4) and 552b(c)(6) of                   available documents online in the                     and Petition for Leave To Intervene
                                                    Title 5, U.S.C., as amended. I have made                ADAMS Public Documents collection at                    Within 60 days after the date of
                                                    this determination pursuant to the                      http://www.nrc.gov/reading-rm/                        publication of this notice, any person(s)
                                                    authority granted me by the Chairman’s                  adams.html. To begin the search, select               whose interest may be affected by this
                                                    Delegation of Authority to Close                        ‘‘ADAMS Public Documents’’ and then                   action may file a request for a hearing
                                                    Advisory Committee Meetings dated                       select ‘‘Begin Web-based ADAMS                        and a petition to intervene with respect
                                                    July 19, 1993.                                          Search.’’ For problems with ADAMS,                    to issuance of the amendment to the
                                                      Dated: September 10, 2015.                            please contact the NRC’s Public                       subject facility operating license.
                                                    Lisette Voyatzis,                                       Document Room (PDR) reference staff at                Requests for a hearing and a petition for
                                                    Committee Management Officer.                           1–800–397–4209, 301–415–4737, or by                   leave to intervene shall be filed in
                                                                                                            email to pdr.resource@nrc.gov. The                    accordance with the NRC’s ‘‘Agency
                                                    [FR Doc. 2015–23205 Filed 9–15–15; 8:45 am]
                                                                                                            ADAMS accession number for each                       Rules of Practice and Procedure’’ in 10
                                                    BILLING CODE 7536–01–P
                                                                                                            document referenced in this document                  CFR part 2. Interested person(s) should
                                                                                                            (if that document is available in                     consult a current copy of 10 CFR 2.309,
                                                                                                            ADAMS) is provided the first time that                which is available at the NRC’s PDR.
                                                    NUCLEAR REGULATORY                                      a document is referenced.
                                                    COMMISSION                                                                                                    The NRC’s regulations are accessible
                                                                                                               • NRC’s PDR: You may examine and                   electronically from the NRC Library on
                                                    [Docket No. 040–09067; NRC–2015–0199]                   purchase copies of public documents at                the NRC’s Web site at http://
                                                                                                            the NRC’s PDR, Room O1–F21, One                       www.nrc.gov/reading-rm/doc-
                                                    Uranerz Energy Corporation; Nichols                     White Flint North, 11555 Rockville                    collections/cfr/. If a request for a hearing
                                                    Ranch In Situ Recovery Project                          Pike, Rockville, Maryland 20852.                      or petition for leave to intervene is filed
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                                                                            FOR FURTHER INFORMATION CONTACT:                      within 60 days, the Commission or a
                                                    AGENCY:  Nuclear Regulatory
                                                    Commission.                                             David D. Brown, Office of Nuclear                     presiding officer designated by the
                                                                                                            Material Safety and Safeguards, U.S.                  Commission or by the Chief
                                                    ACTION: License amendment application;
                                                                                                            Nuclear Regulatory Commission,                        Administrative Judge of the Atomic
                                                    opportunity to request a hearing and to                 Washington, DC 20555–0001; telephone:
                                                    petition for leave to intervene; order.                                                                       Safety and Licensing Board Panel will
                                                                                                            301–415–7677; email: David.Brown@                     rule on the request and/or petition. The
                                                    SUMMARY:The U.S. Nuclear Regulatory                     nrc.gov.                                              Secretary or the Chief Administrative
                                                    Commission (NRC) has received an                        SUPPLEMENTARY INFORMATION:                            Judge of the Atomic Safety and


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                                                                            Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices                                           55651

                                                    Licensing Board will issue a notice of                  will set the time and place for any                   hearing or petition to intervene, and
                                                    hearing or an appropriate order.                        prehearing conferences and evidentiary                documents filed by interested
                                                       As required by 10 CFR 2.309, a                       hearings, and the appropriate notices                 governmental entities participating
                                                    petition for leave to intervene shall set               will be provided.                                     under 10 CFR 2.315(c), must be filed in
                                                    forth, with particularity, the interest of                 Petitions for leave to intervene must              accordance with the NRC’s E-Filing rule
                                                    the petitioner in the proceeding and                    be filed no later than 60 days from the               (72 FR 49139; August 28, 2007). The E-
                                                    how that interest may be affected by the                date of publication of this notice.                   Filing process requires participants to
                                                    results of the proceeding. The petition                 Requests for hearing, petitions for leave             submit and serve all adjudicatory
                                                    must specifically explain the reasons                   to intervene, and motions for leave to                documents over the internet, or in some
                                                    why intervention should be permitted,                   file new or amended contentions that                  cases to mail copies on electronic
                                                    with particular reference to the                        are filed after the 60-day deadline will              storage media. Participants may not
                                                    following general requirements: (1) The                 not be entertained absent a                           submit paper copies of their filings
                                                    name, address, and telephone number of                  determination by the presiding officer                unless they seek an exemption in
                                                    the requestor or petitioner; (2) the                    that the filing demonstrates good cause               accordance with the procedures
                                                    nature of the requestor’s/petitioner’s                  by satisfying the three factors in 10 CFR             described below.
                                                    right under the Act to be made a party                  2.309(c)(1)(i)–(iii).                                    To comply with the procedural
                                                    to the proceeding; (3) the nature and                      A State, local governmental body,                  requirements of E-Filing, at least 10
                                                    extent of the requestor’s/petitioner’s                  Federally-recognized Indian Tribe, or                 days prior to the filing deadline, the
                                                    property, financial, or other interest in               agency thereof, may submit a petition to              participant should contact the Office of
                                                    the proceeding; and (4) the possible                    the Commission to participate as a party              the Secretary by email at
                                                    effect of any decision or order which                   under 10 CFR 2.309(h)(1). The petition                hearing.docket@nrc.gov, or by telephone
                                                    may be entered in the proceeding on the                 should state the nature and extent of the             at 301–415–1677, to request (1) a digital
                                                    requestor’s/petitioner’s interest. The                  petitioner’s interest in the proceeding.              identification (ID) certificate, which
                                                    petition must also include the specific                 The petition should be submitted to the               allows the participant (or its counsel or
                                                    contentions that the requestor/petitioner               Commission by November 16, 2015. The                  representative) to digitally sign
                                                    seeks to have litigated at the 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 Submission (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                this information, the Secretary will
                                                    intends to rely in proving the contention               to address the standing requirements in               establish an electronic docket for the
                                                    at the hearing. The requestor/petitioner                10 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                       Information about applying for a
                                                    which the requestor/petitioner intends                  thereof may also have the opportunity to              digital ID certificate is available on the
                                                    to rely to establish those facts or expert              participate under 10 CFR 2.315(c).                    NRC’s public Web site at http://
                                                    opinion. The petition must include                         If a hearing is granted, any person                www.nrc.gov/site-help/e-submittals/
                                                    sufficient information to show that a                   who does not wish, or is not qualified,               getting-started.html. System
                                                    genuine dispute exists with the                         to become a party to the proceeding                   requirements for accessing the E-
                                                    applicant on a material issue of law or                 may, in the discretion of the presiding               Submittal server are detailed in the
                                                    fact. Contentions shall be limited to                   officer, be permitted to make a limited               NRC’s ‘‘Guidance for Electronic
                                                    matters within the scope of the                         appearance pursuant to the provisions                 Submission,’’ which is available on the
                                                    amendment under consideration. The                      of 10 CFR 2.315(a). A person making a                 agency’s public Web site at http://
                                                    contention must be one which, if                        limited appearance may make an oral or                www.nrc.gov/site-help/e-
                                                    proven, would entitle the requestor/                    written statement of position on the                  submittals.html. Participants may
                                                    petitioner to relief. A requestor/                      issues, but may not otherwise                         attempt to use other software not listed
                                                    petitioner who fails to satisfy these                   participate in the proceeding. A limited              on the Web site, but should note that the
                                                    requirements with respect to at least one               appearance may be made at any session                 NRC’s E-Filing system does not support
                                                    contention will not be permitted to                     of the hearing or at any prehearing                   unlisted software, and the NRC Meta
                                                    participate as a party.                                 conference, subject to the limits and                 System Help Desk will not be able to
                                                       Those permitted to intervene become                  conditions as may be imposed by the                   offer assistance in using unlisted
                                                    parties to the proceeding, subject to any               presiding officer. Persons desiring to                software.
                                                    limitations in the order granting leave to              make a limited appearance are                            If a participant is electronically
                                                    intervene, and have the opportunity to                  requested to inform the Secretary of the              submitting a document to the NRC in
                                                    participate fully in the conduct of the                                                                       accordance with the E-Filing rule, the
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                                                                            Commission by November 16, 2015.
                                                    hearing with respect to resolution of                                                                         participant must file the document
                                                    that person’s admitted contentions,                     III. Electronic Submissions (E-Filing)                using the NRC’s online, Web-based
                                                    including the opportunity to present                       All documents filed in NRC                         submission form. In order to serve
                                                    evidence and to submit a cross-                         adjudicatory proceedings, including a                 documents through the Electronic
                                                    examination plan for cross-examination                  request for hearing, a petition for leave             Information Exchange System, users
                                                    of witnesses, consistent with NRC                       to intervene, any motion or other                     will be required to install a Web
                                                    regulations, policies, and procedures.                  document filed in the proceeding prior                browser plug-in from the NRC’s Web
                                                    The Atomic Safety and Licensing Board                   to the submission of a request for                    site. Further information on the Web-


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                                                    55652                   Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

                                                    based submission form, including the                    express mail, or expedited delivery                   admissible contention under 10 CFR
                                                    installation of the Web browser plug-in,                service to the Office of the Secretary,               2.309. Requests for access to SUNSI
                                                    is available on the NRC’s public Web                    Sixteenth Floor, One White Flint North,               submitted later than 10 days after
                                                    site at http://www.nrc.gov/site-help/e-                 11555 Rockville Pike, Rockville,                      publication of this notice will not be
                                                    submittals.html.                                        Maryland 20852, Attention: Rulemaking                 considered absent a showing of good
                                                       Once a participant has obtained a                    and Adjudications Staff. Participants                 cause for the late filing, addressing why
                                                    digital ID certificate and a docket has                 filing a document in this manner are                  the request could not have been filed
                                                    been created, the participant can then                  responsible for serving the document on               earlier.
                                                    submit a request for hearing or petition                all other participants. Filing is                       C. The requester shall submit a letter
                                                    for leave to intervene. Submissions                     considered complete by first-class mail               requesting permission to access SUNSI
                                                    should be in Portable Document Format                   as of the time of deposit in the mail, or             to the Office of the Secretary, U.S.
                                                    (PDF) in accordance with NRC guidance                   by courier, express mail, or expedited                Nuclear Regulatory Commission,
                                                    available on the NRC’s public Web site                  delivery service upon depositing the                  Washington, DC 20555–0001, Attention:
                                                    at http://www.nrc.gov/site-help/e-                      document with the provider of the                     Rulemakings and Adjudications Staff,
                                                    submittals.html. A filing is considered                 service. A presiding officer, having                  and provide a copy to the Associate
                                                    complete at the time the documents are                  granted an exemption request from                     General Counsel for Hearings,
                                                    submitted through the NRC’s E-Filing                    using E-Filing, may require a participant             Enforcement and Administration, Office
                                                    system. To be timely, an electronic                     or party to use E-Filing if the presiding             of the General Counsel, Washington, DC
                                                    filing must be submitted to the E-Filing                officer subsequently determines that the              20555–0001. The expedited delivery or
                                                    system no later than 11:59 p.m. Eastern                 reason for granting the exemption from                courier mail address for both offices is:
                                                    Time on the due date. Upon receipt of                   use of E-Filing no longer exists.                     U.S. Nuclear Regulatory Commission,
                                                    a transmission, the E-Filing system                        Documents submitted in adjudicatory                11555 Rockville Pike, Rockville,
                                                    time-stamps the document and sends                      proceedings will appear in the NRC’s                  Maryland 20852. The email address for
                                                    the submitter an email notice                           electronic hearing docket which is                    the Office of the Secretary and the
                                                    confirming receipt of the document. The                 available to the public at http://                    Office of the General Counsel are
                                                    E-Filing system also distributes an email               ehd1.nrc.gov/ehd/, unless excluded                    Hearing.Docket@nrc.gov and
                                                    notice that provides access to the                      pursuant to an order of the Commission,               OGCmailcenter@nrc.gov, respectively.1
                                                    document to the NRC’s Office of the                     or the presiding officer. Participants are            The request must include the following
                                                    General Counsel and any others who                      requested not to include personal                     information:
                                                    have advised the Office of the Secretary                privacy information, such as social                     (1) A description of the licensing
                                                    that they wish to participate in the                    security numbers, home addresses, or                  action with a citation to this Federal
                                                    proceeding, so that the filer need not                  home phone numbers in their filings,                  Register notice;
                                                    serve the documents on those                            unless an NRC regulation or other law                   (2) The name and address of the
                                                    participants separately. Therefore,                     requires submission of such                           potential party and a description of the
                                                    applicants and other participants (or                   information. However, in some                         potential party’s particularized interest
                                                    their counsel or representative) must                   instances, a request to intervene will                that could be harmed by the action
                                                    apply for and receive a digital ID                      require including information on local                identified in C.(1); and
                                                    certificate before a hearing request/                   residence in order to demonstrate a                     (3) The identity of the individual or
                                                    petition to intervene is filed so that they             proximity assertion of interest in the                entity requesting access to SUNSI and
                                                    can obtain access to the document via                   proceeding. With respect to copyrighted               the requester’s basis for the need for the
                                                    the E-Filing system.                                    works, except for limited excerpts that               information in order to meaningfully
                                                       A person filing electronically using                                                                       participate in this adjudicatory
                                                                                                            serve the purpose of the adjudicatory
                                                    the NRC’s adjudicatory E-Filing system                                                                        proceeding. In particular, the request
                                                                                                            filings and would constitute a Fair Use
                                                    may seek assistance by contacting the                                                                         must explain why publicly-available
                                                                                                            application, participants are requested
                                                    NRC Meta System Help Desk through                                                                             versions of the information requested
                                                                                                            not to include copyrighted materials in
                                                    the ‘‘Contact Us’’ link located on the                                                                        would not be sufficient to provide the
                                                                                                            their submission.
                                                    NRC’s public Web site at http://                                                                              basis and specificity for a proffered
                                                    www.nrc.gov/site-help/e-                                Order Imposing Procedures for Access                  contention.
                                                    submittals.html, by email to                            to Sensitive Unclassified Non-                          D. Based on an evaluation of the
                                                    MSHD.Resource@nrc.gov, or by a toll-                    Safeguards Information for Contention                 information submitted under paragraph
                                                    free call at 1–866–672–7640. The NRC                    Preparation                                           C.(3) the NRC staff will determine
                                                    Meta System Help Desk is available                                                                            within 10 days of receipt of the request
                                                    between 8 a.m. and 8 p.m., Eastern                      Uranerz Energy Corporation, Docket No.
                                                                                                            040–09067, Nichols Ranch In Situ                      whether:
                                                    Time, Monday through Friday,                                                                                    (1) There is a reasonable basis to
                                                    excluding Federal government holidays.                  Recovery Project, Campbell and Johnson
                                                                                                                                                                  believe the petitioner is likely to
                                                       Participants who believe that they                   Counties, Wyoming
                                                                                                                                                                  establish standing to participate in this
                                                    have a good cause for not submitting                       A. This Order contains instructions                NRC proceeding; and
                                                    documents electronically must file an                   regarding how potential parties to this                 (2) The requestor has established a
                                                    exemption request, in accordance with                   proceeding may request access to                      legitimate need for access to SUNSI.
                                                    10 CFR 2.302(g), with their initial paper               documents containing SUNSI.                             E. If the NRC staff determines that the
                                                    filing requesting authorization to                         B. Within 10 days after publication of             requestor satisfies both D.(1) and D.(2)
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                    continue to submit documents in paper                   this notice of hearing and opportunity to             above, the NRC staff will notify the
                                                    format. Such filings must be submitted                  petition for leave to intervene, any                  requestor in writing that access to
                                                    by: (1) First class mail addressed to the               potential party who believes access to
                                                    Office of the Secretary of the                          SUNSI is necessary to respond to this                    1 While a request for hearing or petition to

                                                    Commission, U.S. Nuclear Regulatory                     notice may request such access. A                     intervene in this proceeding must comply with the
                                                                                                                                                                  filing requirements of the NRC’s ‘‘E-Filing Rule,’’
                                                    Commission, Washington, DC 20555–                       ‘‘potential party’’ is any person who                 the initial request to access SUNSI under these
                                                    0001, Attention: Rulemaking and                         intends to participate as a party by                  procedures should be submitted as described in this
                                                    Adjudications Staff; or (2) courier,                    demonstrating standing and filing an                  paragraph.



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                                                                                   Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices                                                 55653

                                                    SUNSI has been granted. The written                              G. Review of Denials of Access.                      If challenges to the NRC staff
                                                    notification will contain instructions on                        (1) If the request for access to SUNSI             determinations are filed, these
                                                    how the requestor may obtain copies of                        is denied by the NRC staff after a                    procedures give way to the normal
                                                    the requested documents, and any other                        determination on standing and need for                process for litigating disputes
                                                    conditions that may apply to access to                        access, the NRC staff shall immediately               concerning access to information. The
                                                    those documents. These conditions may                         notify the requestor in writing, briefly              availability of interlocutory review by
                                                    include, but are not limited to, the                          stating the reason or reasons for the                 the Commission of orders ruling on
                                                    signing of a Non-Disclosure Agreement                         denial.                                               such NRC staff determinations (whether
                                                    or Affidavit, or Protective Order 2 setting                                                                         granting or denying access) is governed
                                                    forth terms and conditions to prevent                            (2) The requester may challenge the
                                                                                                                  NRC staff’s adverse determination by                  by 10 CFR 2.311.3
                                                    the unauthorized or inadvertent
                                                                                                                  filing a challenge within 5 days of                     I. The Commission expects that the
                                                    disclosure of SUNSI by each individual
                                                                                                                  receipt of that determination with: (a)               NRC staff and presiding officers (and
                                                    who will be granted access to SUNSI.
                                                       F. Filing of Contentions. Any                              The presiding officer designated in this              any other reviewing officers) will
                                                    contentions in these proceedings that                         proceeding; (b) if no presiding officer               consider and resolve requests for access
                                                    are based upon the information received                       has been appointed, the Chief                         to SUNSI, and motions for protective
                                                    as a result of the request made for                           Administrative Judge, or if he or she is              orders, in a timely fashion in order to
                                                    SUNSI must be filed by the requestor no                       unavailable, another administrative                   minimize any unnecessary delays in
                                                    later than 25 days after the requestor is                     judge, or an administrative law judge                 identifying those petitioners who have
                                                    granted access to that information.                           with jurisdiction pursuant to 10 CFR                  standing and who have propounded
                                                    However, if more than 25 days remain                          2.318(a); or (c) officer if that officer has          contentions meeting the specificity and
                                                    between the date the petitioner is                            been designated to rule on information                basis requirements in 10 CFR part 2.
                                                    granted access to the information and                         access issues.                                        Attachment 1 to this Order summarizes
                                                    the deadline for filing all other                                H. Review of Grants of Access. A                   the general target schedule for
                                                    contentions (as established in the notice                     party other than the requester may                    processing and resolving requests under
                                                    of hearing or opportunity for hearing),                       challenge an NRC staff determination                  these procedures.
                                                    the petitioner may file its SUNSI                             granting access to SUNSI whose release                  It is so ordered.
                                                    contentions by that later deadline. This                      would harm that party’s interest
                                                                                                                                                                          Dated at Rockville, Maryland, this 8th day
                                                    provision does not extend the time for                        independent of the proceeding. Such a
                                                                                                                                                                        of September, 2015.
                                                    filing a request for a hearing and                            challenge must be filed with the Chief
                                                    petition to intervene, which must                             Administrative Judge within 5 days of                   For the Nuclear Regulatory Commission.
                                                    comply with the requirements of 10 CFR                        the notification by the NRC staff of its              Richard J. Laufer,
                                                    2.309.                                                        grant of access.                                      Acting, Secretary of the Commission.

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

                                                    0 ........................   Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
                                                                                    structions for access requests.
                                                    10 ......................    Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
                                                                                    Supporting the standing of a potential party identified by name and address; describing the need for the information in order
                                                                                    for the potential party to participate meaningfully in an adjudicatory proceeding.
                                                    60 ......................    Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
                                                                                    lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
                                                    20 ......................    U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
                                                                                    access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
                                                                                    forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
                                                                                    formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
                                                                                    essing (preparation of redactions or review of redacted documents).
                                                    25 ......................    If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
                                                                                    to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
                                                                                    Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
                                                                                    party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
                                                                                    file a motion seeking a ruling to reverse the NRC staff’s grant of access.
                                                    30 ......................    Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
                                                    40 ......................    (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
                                                                                    file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
                                                                                    Agreement for SUNSI.
                                                    A .......................    If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
                                                                                    to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
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                                                                                    final adverse determination by the NRC staff.
                                                    A + 3 .................      Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
                                                                                    tive order.

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



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                                                    55654                      Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Notices

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

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



                                                    [FR Doc. 2015–23184 Filed 9–15–15; 8:45 am]               see ‘‘Obtaining Information and                       B. Submitting Comments
                                                    BILLING CODE 7590–01–P                                    Submitting Comments’’ in the                            Please include Docket ID NRC–2015–
                                                                                                              SUPPLEMENTARY INFORMATION section of                  0211 in the subject line of your
                                                                                                              this document.                                        comment submission, in order to ensure
                                                    NUCLEAR REGULATORY                                                                                              that the NRC is able to make your
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                    COMMISSION                                                                                                      comment submission available to the
                                                                                                              Michael S. Jones, Office of New
                                                    [NRC–2015–0211]                                           Reactors, U.S. Nuclear Regulatory                     public in this docket.
                                                                                                              Commission, Washington, DC 20555–                       The NRC cautions you not to include
                                                    Instrumentation and Controls                              0001; telephone: 301–415–0189, email:                 identifying or contact information that
                                                                                                              Michael.Jones2@nrc.gov.                               you do not want to be publicly
                                                    AGENCY:  Nuclear Regulatory                                                                                     disclosed in your comment submission.
                                                    Commission.                                               SUPPLEMENTARY INFORMATION:                            The NRC posts all comment
                                                    ACTION: Standard review plan-draft                                                                              submissions at http://
                                                    section revision; request for comment.                    I. Obtaining Information and
                                                                                                              Submitting Comments                                   www.regulations.gov as well as entering
                                                    SUMMARY:   The U.S. Nuclear Regulatory                                                                          the comment submissions into ADAMS.
                                                                                                              A. Obtaining Information                              The NRC does not routinely edit
                                                    Commission (NRC) is soliciting public
                                                    comments on proposed changes to the                                                                             comment submissions to remove
                                                                                                                 Please refer to Docket ID NRC–2015–                identifying or contact information.
                                                    ‘‘Standard Review Plan for the Review                     0211 when contacting the NRC about                      If you are requesting or aggregating
                                                    of Safety Analysis Reports for Nuclear                    the availability of information regarding             comments from other persons for
                                                    Power Plants: LWR Edition,’’ (NUREG–                      this document. You may obtain                         submission to the NRC, then you should
                                                    0800) for changes to 33 individual                        publicly-available information related to             inform those persons not to include
                                                    sections of Chapter 7, ‘‘Instrumentation                  this action by the following methods:                 identifying or contact information that
                                                    and Controls,’’ as listed in the table in
                                                                                                                 • Federal Rulemaking Web site: Go to               they do not want to be publicly
                                                    Section IV of this notice entitled,                                                                             disclosed in their comment submission.
                                                                                                              http://www.regulations.gov and search
                                                    Availability of Documents.                                                                                      Your request should state that the NRC
                                                                                                              for Docket ID NRC–2015–0211.
                                                    DATES: Comments must be filed no later                                                                          does not routinely edit comment
                                                    than November 16, 2015. Comments                             • NRC’s Agencywide Documents
                                                                                                                                                                    submissions to remove such information
                                                    received after this date will be                          Access and Management System
                                                                                                                                                                    before making the comment
                                                    considered, if it is practical to do so, but              (ADAMS): You may obtain publicly-
                                                                                                                                                                    submissions available to the public or
                                                    the Commission is able to ensure                          available documents online in the
                                                                                                                                                                    entering the comment submissions into
                                                    consideration only for comments                           ADAMS Public Documents collection at
                                                                                                                                                                    ADAMS.
                                                    received on or before this date.                          http://www.nrc.gov/reading-rm/
                                                                                                              adams.html. To begin the search, select               II. Further Information
                                                    ADDRESSES: You may submit comments
                                                                                                              ‘‘ADAMS Public Documents’’ and then                      The NRC seeks public comment on
                                                    by any of the following methods (unless
                                                                                                              select ‘‘Begin Web-based ADAMS                        the proposed draft revisions of Standard
                                                    this document describes a different
                                                                                                              Search.’’ For problems with ADAMS,                    Review Plan (SRP) sections of Chapter
                                                    method for submitting comments on a
                                                                                                              please contact the NRC’s Public                       7 listed above. These sections have been
                                                    specific subject):
                                                       • Federal Rulemaking Web site: Go to                   Document Room (PDR) reference staff at                developed to assist the NRC staff review
                                                    http://www.regulations.gov and search                     1–800–397–4209, 301–415–4737, or by                   the design of instrumentation and
                                                    for Docket ID NRC–2015–0211. Address                      email to pdr.resource@nrc.gov. The                    controls and auxiliary systems under
                                                    questions about NRC dockets to Carol                      ADAMS accession number for each                       parts 50 and 52 of Title 10 of the Code
                                                    Gallagher; telephone: 301–415–3463;                       document referenced (if it available in               of Federal Regulations (10 CFR). The
                                                    email: Carol.Gallagher@nrc.gov. For                       ADAMS) is provided the first time that                revisions to these SRP sections reflect
                                                    technical questions, contact the                          a document is referenced. In addition,                no changes in staff position; rather they
                                                    individual listed in the FOR FURTHER                      for the convenience of the reader,                    clarify the original intent of these SRP
                                                    INFORMATION CONTACT section of this
                                                                                                              instructions about accessing materials                sections using plain language
asabaliauskas on DSK7TPTVN1PROD with NOTICES




                                                    document.                                                 referenced in this document are                       throughout in accordance with the
                                                       • Mail comments to: Cindy Bladey,                      provided in the ‘‘Availability of                     NRC’s Plain Writing Action Plan.
                                                    Office of Administration, Mail Stop:                      Documents’’ section.                                  Additionally, these revisions reflect
                                                    OWFN–12–H8, U.S. Nuclear Regulatory                          • NRC’s PDR: You may examine and                   operating experience, lessons learned,
                                                    Commission, Washington, DC 20555–                         purchase copies of public documents at                updates to NRC guidance, and address
                                                    0001.                                                     the NRC’s PDR, Room O1–F21, One                       the applicability of regulatory treatment
                                                       For additional direction on accessing                  White Flint North, 11555 Rockville                    of non-safety systems, where
                                                    information and submitting comments,                      Pike, Rockville, Maryland 20852.                      appropriate.


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Document Created: 2018-02-26 10:16:34
Document Modified: 2018-02-26 10:16:34
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; order.
DatesA request for a hearing or petition for leave to intervene must be filed by November 16, 2015. Any potential party as defined in Sec. 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by September 28, 2015.
ContactDavid D. Brown, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7677; email: [email protected]
FR Citation80 FR 55650 

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