80 FR 70846 - Rare Element Resources, Inc.; Bear Lodge Project

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range		70846-70850
FR Document		2015-29031

The U.S. Nuclear Regulatory Commission (NRC) has received an application from Rare Element Resources, Inc., for a license to possess and use source material associated with its Bear Lodge Project. The Bear Lodge Project includes a mine in the Black Hills National Forest in Crook County, Wyoming for the purpose of extracting rare earth element ores, and a rare earth element processing plant in Weston County, Wyoming. In addition, the license application contains sensitive unclassified non-safeguards information (SUNSI).

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)

[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70846-70850]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-29031]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-38367, NRC-2015-0255]

Rare Element Resources, Inc.; Bear Lodge Project

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from Rare Element Resources, Inc., for a license to possess
and use source material associated with its Bear Lodge Project. The
Bear Lodge Project includes a mine in the Black Hills National Forest
in Crook County, Wyoming for the purpose of extracting rare earth
element ores, and a rare earth element processing plant in Weston
County, Wyoming. In addition, the license application contains
sensitive unclassified non-safeguards information (SUNSI).

DATES: A request for a hearing or petition for leave to intervene must
be filed by January 15, 2016. 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 November 27, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0255 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-2015-0255. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
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: Kenneth Kalman, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6664, email:
Kenneth.Kalman@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC has received, by letter dated May 4, 2015 (ADAMS Accession
No. ML15132A726), an application from Rare Element Resources Inc., to
possess and use up to 10 curies of unsealed, non-volatile thorium
hydroxide and to possess and use unlimited quantities of unsealed, non-
volatile source material in any bound form. The source material will be
uranium and thorium in their natural isotopic abundance in
concentrations greater than 0.05 percent by weight. The NRC staff will
document its review of this license application in a safety evaluation
report and an environmental assessment.
The license application is available in ADAMS under Accession No.
ML15134A378. The NRC has identified the following documents as
containing SUNSI and is withholding these documents from public
disclosure pursuant to Section 304 of the National Historic
Preservation Act of 1966, 54 U.S.C. 307103.
``Stand Alone Report 10, A Class III Cultural Resource
Inventory of the Bear Lodge Project--Upton Plant Site.''
The two Tribal reports referenced in Section 7.3,
``Historic, Scenic, and Cultural Resources,'' of the application.

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

Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. The
NRC's regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic

[[Page 70847]]

Safety and Licensing Board Panel will rule on the request and/or
petition. The Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of hearing or an
appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth, with particularity, the interest of the petitioner in
the proceeding and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted, with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
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
January 15, 2016. The petition must be filed in accordance with the
filing instructions in the ``Electronic Submissions (E-Filing)''
section of this document, and should meet the requirements for
petitions for leave to intervene set forth in this section, except that
under Sec. 2.309(h)(2) a State, local governmental body, or Federally-
recognized Indian tribe, or agency thereof does not need to address the
standing requirements in 10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local governmental body, Federally-
recognized Indian tribe, or agency thereof may also have the
opportunity to participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited appearance
pursuant to the provisions of 10 CFR 2.315(a). A person making a
limited appearance may make an oral or written statement of position on
the issues, but may not otherwise participate in the proceeding. A
limited appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
January 15, 2016.

III. Electronic Submissions (E-Filing)

All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten 10 days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at 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

[[Page 70848]]

participant must file the document using the NRC's online, Web-based
submission form. In order to serve documents through the Electronic
Information Exchange System, users will be required to install a Web
browser plug-in from the NRC's Web site. Further information on the
Web-based submission form, including the installation of the Web
browser plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, 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

Rare Element Resources, Docket No. 040-38367, Bear Lodge Project, Crook
and Weston 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

[[Page 70849]]

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

Dated at Rockville, Maryland, this 6th day of November, 2015.

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

ATTACHMENT 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information in this Proceeding

------------------------------------------------------------------------
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 70850]]

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.
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[FR Doc. 2015-29031 Filed 11-13-15; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices 70847

Safety and Licensing Board Panel will evidence and to submit a cross- III. Electronic Submissions (E-Filing)
rule on the request and/or petition. The examination plan for cross-examination All documents filed in NRC
Secretary or the Chief Administrative of witnesses, consistent with NRC adjudicatory proceedings, including a
Judge of the Atomic Safety and regulations, policies, and procedures. request for hearing, a petition for leave
Licensing Board will issue a notice of The Atomic Safety and Licensing Board to intervene, any motion or other
hearing or an appropriate order. will set the time and place for any document filed in the proceeding prior
As required by 10 CFR 2.309, a prehearing conferences and evidentiary to the submission of a request for
petition for leave to intervene shall set hearings, and the appropriate notices hearing or petition to intervene, and
forth, with particularity, the interest of will be provided. documents filed by interested
the petitioner in the proceeding and
Petitions for leave to intervene must governmental entities participating
how that interest may be affected by the
be filed no later than 60 days from the under 10 CFR 2.315(c), must be filed in
results of the proceeding. The petition
date of publication of this notice. accordance with the NRC’s E-Filing rule
should specifically explain the reasons
Requests for hearing, petitions for leave (72 FR 49139; August 28, 2007). The E-
why intervention should be permitted,
to intervene, and motions for leave to Filing process requires participants to
with particular reference to the
file new or amended contentions that submit and serve all adjudicatory
following general requirements: (1) The
name, address, and telephone number of are filed after the 60-day deadline will documents over the internet, or in some
the requestor or petitioner; (2) the not be entertained absent a cases to mail copies on electronic
nature of the requestor’s/petitioner’s determination by the presiding officer storage media. Participants may not
right under the Act to be made a party that the filing demonstrates good cause submit paper copies of their filings
to the proceeding; (3) the nature and by satisfying the three factors in 10 CFR unless they seek an exemption in
extent of the requestor’s/petitioner’s 2.309(c)(1)(i)–(iii). accordance with the procedures
property, financial, or other interest in described below.
A State, local governmental body, To comply with the procedural
the proceeding; and (4) the possible Federally-recognized Indian tribe, or
effect of any decision or order which requirements of E-Filing, at least ten 10
agency thereof, may submit a petition to days prior to the filing deadline, the
may be entered in the proceeding on the the Commission to participate as a party
requestor’s/petitioner’s interest. The participant should contact the Office of
under 10 CFR 2.309(h)(1). The petition the Secretary by email at
petition must also set forth the specific
should state the nature and extent of the hearing.docket@nrc.gov, or by telephone
contentions which the requestor/
petitioner’s interest in the proceeding. at 301–415–1677, to request (1) a digital
petitioner seeks to have litigated at the
The petition should be submitted to the identification (ID) certificate, which
proceeding.
Each contention must consist of a Commission by January 15, 2016. The allows the participant (or its counsel or
specific statement of the issue of law or petition must be filed in accordance representative) to digitally sign
fact to be raised or controverted. In with the filing instructions in the documents and access the E-Submittal
addition, the requestor/petitioner shall ‘‘Electronic Submissions (E-Filing)’’ server for any proceeding in which it is
provide a brief explanation of the bases section of this document, and should participating; and (2) advise the
for the contention and a concise meet the requirements for petitions for Secretary that the participant will be
statement of the alleged facts or expert leave to intervene set forth in this submitting a request or petition for
opinion that support the contention and section, except that under § 2.309(h)(2) hearing (even in instances in which the
on which the requestor/petitioner a State, local governmental body, or participant, or its counsel or
intends to rely in proving the contention Federally-recognized Indian tribe, or representative, already holds an NRC-
at the hearing. The requestor/petitioner agency thereof does not need to address issued digital ID certificate). Based upon
must also provide references to those the standing requirements in 10 CFR this information, the Secretary will
specific sources and documents of 2.309(d) if the facility is located within establish an electronic docket for the
which the petitioner is aware and on its boundaries. A State, local hearing in this proceeding if the
which the requestor/petitioner intends governmental body, Federally- Secretary has not already established an
to rely to establish those facts or expert recognized Indian tribe, or agency electronic docket.
opinion. The petition must include thereof may also have the opportunity to Information about applying for a
sufficient information to show that a participate under 10 CFR 2.315(c). digital ID certificate is available on the
genuine dispute exists with the NRC’s public Web site at http://
If a hearing is granted, any person www.nrc.gov/site-help/e-submittals/
applicant on a material issue of law or
who does not wish, or is not qualified, getting-started.html. System
fact. Contentions shall be limited to
to become a party to the proceeding requirements for accessing the E-
matters within the scope of the
amendment under consideration. The may, in the discretion of the presiding Submittal server are detailed in the
contention must be one which, if officer, be permitted to make a limited NRC’s ‘‘Guidance for Electronic
proven, would entitle the requestor/ appearance pursuant to the provisions Submission,’’ which is available on the
petitioner to relief. A requestor/ of 10 CFR 2.315(a). A person making a agency’s public Web site at http://
petitioner who fails to satisfy these limited appearance may make an oral or www.nrc.gov/site-help/e-
requirements with respect to at least one written statement of position on the submittals.html. Participants may
contention will not be permitted to issues, but may not otherwise attempt to use other software not listed
participate as a party. participate in the proceeding. A limited on the Web site, but should note that the
Those permitted to intervene become appearance may be made at any session NRC’s E-Filing system does not support
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parties to the proceeding, subject to any of the hearing or at any prehearing unlisted software, and the NRC Meta
limitations in the order granting leave to conference, subject to the limits and System Help Desk will not be able to
intervene, and have the opportunity to conditions as may be imposed by the offer assistance in using unlisted
participate fully in the conduct of the presiding officer. Persons desiring to software.
hearing with respect to resolution of make a limited appearance are If a participant is electronically
that person’s admitted contentions, requested to inform the Secretary of the submitting a document to the NRC in
including the opportunity to present Commission by January 15, 2016. accordance with the E-Filing rule, the

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Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices 70849

establish standing to participate in this filing a request for a hearing and If challenges to the NRC staff
NRC proceeding; and petition to intervene, which must determinations are filed, these
(2) The requestor has established a comply with the requirements of 10 CFR procedures give way to the normal
legitimate need for access to SUNSI. 2.309. process for litigating disputes
E. If the NRC staff determines that the G. Review of Denials of Access. concerning access to information. The
requestor satisfies both D.(1) and D.(2) availability of interlocutory review by
(1) If the request for access to SUNSI
above, the NRC staff will notify the the Commission of orders ruling on
is denied by the NRC staff after a
requestor in writing that access to such NRC staff determinations (whether
determination on standing and need for
SUNSI has been granted. The written granting or denying access) is governed
access, the NRC staff shall immediately
notification will contain instructions on by 10 CFR 2.311.3
notify the requestor in writing, briefly
how the requestor may obtain copies of I. The Commission expects that the
stating the reason or reasons for the
the requested documents, and any other NRC staff and presiding officers (and
denial.
conditions that may apply to access to any other reviewing officers) will
those documents. These conditions may (2) The requester may challenge the consider and resolve requests for access
include, but are not limited to, the NRC staff’s adverse determination by to SUNSI, and motions for protective
signing of a Non-Disclosure Agreement filing a challenge within 5 days of orders, in a timely fashion in order to
or Affidavit, or Protective Order 2 setting receipt of that determination with: (a) minimize any unnecessary delays in
forth terms and conditions to prevent The presiding officer designated in this identifying those petitioners who have
the unauthorized or inadvertent proceeding; (b) if no presiding officer standing and who have propounded
disclosure of SUNSI by each individual has been appointed, the Chief contentions meeting the specificity and
who will be granted access to SUNSI. Administrative Judge, or if he or she is basis requirements in 10 CFR part 2.
F. Filing of Contentions. Any unavailable, another administrative Attachment 1 to the Order summarizes
contentions in these proceedings that judge, or an administrative law judge the general target schedule for
are based upon the information received with jurisdiction pursuant to 10 CFR processing and resolving requests under
as a result of the request made for 2.318(a); or (c) officer if that officer has these procedures.
SUNSI must be filed by the requestor no been designated to rule on information It is so ordered.
later than 25 days after the requestor is access issues.
Dated at Rockville, Maryland, this 6th day
granted access to that information. H. Review of Grants of Access. A of November, 2015.
However, if more than 25 days remain party other than the requester may For the Nuclear Regulatory Commission.
between the date the petitioner is challenge an NRC staff determination Annette L. Vietti-Cook,
granted access to the information and granting access to SUNSI whose release
Secretary of the Commission.
the deadline for filing all other would harm that party’s interest
contentions (as established in the notice independent of the proceeding. Such a ATTACHMENT 1—General Target
of hearing or opportunity for hearing), challenge must be filed with the Chief Schedule for Processing and Resolving
the petitioner may file its SUNSI Administrative Judge within 5 days of Requests for Access to Sensitive
contentions by that later deadline. This the notification by the NRC staff of its Unclassified Non-Safeguards
provision does not extend the time for grant of access. 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 instructions
for access requests.
10 ........... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Sup-
porting 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 re-
verse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Adminis-
trative 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 seek-
ing 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 sen-
sitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse de-
termination by the NRC staff.
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A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective
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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Document Created: 2015-12-14 14:13:09
Document Modified: 2015-12-14 14:13:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License application; opportunity to request a hearing and petition for leave to intervene; order.
Dates		A request for a hearing or petition for leave to intervene must be filed by January 15, 2016. 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 November 27, 2015.
Contact		Kenneth Kalman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6664, email: [email protected]
FR Citation		80 FR 70846