81 FR 10285 - Strata Energy, Inc., Ross In Situ

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 39 (February 29, 2016)

Page Range		10285-10289
FR Document		2016-04337
The U.S. Nuclear Regulatory Commission (NRC) has received an application from Strata Energy, Inc. (Strata), for amendment of its Source and Byproduct Materials License SUA-1601 for the Ross In Situ Recovery Project. The amendment would authorize recovery of uranium by In Situ Leach (ISL) extraction techniques at the Kendrick Expansion Area. The amendment request contains sensitive unclassified non- safeguards information (SUNSI).
Federal Register, Volume 81 Issue 39 (Monday, February 29, 2016)
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10285-10289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04337]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-09091; NRC-2011-0148]


Strata Energy, Inc., Ross In Situ Recovery Project

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; 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 Strata Energy, Inc. (Strata), for amendment of its 
Source and Byproduct Materials License SUA-1601 for the Ross In Situ 
Recovery Project. The amendment would authorize recovery of uranium by 
In Situ Leach (ISL) extraction techniques at the Kendrick Expansion 
Area. 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 April 29, 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 March 10, 2016.

ADDRESSES: Please refer to Docket ID NRC-2011-0148 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-2011-0148. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if 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: John Saxton, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0697; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC has received by letter dated March 20, 2015 (ADAMS 
Accession No. ML15096A141), and supplemented on April 24, 2015 (ADAMS 
Accession No. ML15152A154), an application to amend Strata's Source and 
Byproduct Materials License SUA-1601 for the Ross In Situ Recovery 
Project in Crook County, Wyoming. The proposed amendment would 
authorize the recovery of uranium by ISL extraction techniques at the 
Kendrick Expansion Area. This application contains SUNSI.
    An NRC administrative completeness review found the application 
acceptable for a technical review (ADAMS Accession No. ML15362A613). 
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 impact statement 
(EIS) as a supplement to NUREG-1910, ``Generic Environmental Impact 
Statement for In-Situ Leach Uranium Milling Facilities,'' dated May 
2009 (ADAMS Accession No. ML091560163). A notice of intent to prepare 
an EIS 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, 
located in One White Flint North, Room O1-F21 (first floor), 11555 
Rockville Pike, Rockville, Maryland 20852. The NRC's regulations are 
accessible electronically from the NRC Library on the NRC's Web site at 
http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a 
hearing or petition for leave to intervene is filed within 60 days, the 
Commission or a presiding officer designated by the Commission or by 
the Chief Administrative Judge of the Atomic Safety and Licensing Board 
Panel will rule on the request and/or petition. The Secretary or the 
Chief Administrative

[[Page 10286]]

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 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 set forth 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 April 
29, 2016. 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 
April 29, 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 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the 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

[[Page 10287]]

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

Strata Energy, Inc., Docket No. 040-09091, Ross In Situ Recovery 
Project, Crook County, 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 [email protected] and [email protected], 
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)

[[Page 10288]]

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 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) an 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 23rd day of February, 2016.

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

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
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          Day                            Event/activity
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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 10289]]

 
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. 2016-04337 Filed 2-26-16; 8:45 am]
 BILLING CODE 7590-01-P
10286 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

Judge of the Atomic Safety and The Atomic Safety and Licensing Board to the submission of a request for
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 set forth the specific The petition should be submitted to the allows the participant (or its counsel or
contentions that the requestor/petitioner Commission by April 29, 2016. 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
on which the requestor/petitioner Tribe, or agency thereof does not need issued digital ID certificate). Based upon
intends to rely in proving the contention to address the standing requirements in this information, the Secretary will
at the hearing. The requestor/petitioner 10 CFR 2.309(d) if the facility is located establish an electronic docket for the
must also provide references to those within its boundaries. A State, local hearing in this proceeding if the
specific sources and documents of governmental body, Federally- Secretary has not already established an
which the petitioner is aware and on recognized Indian Tribe, or agency electronic docket.
which the requestor/petitioner intends thereof may also have the opportunity to Information about applying for a
to rely to establish those facts or expert participate under 10 CFR 2.315(c). digital ID certificate is available on the
opinion. The petition must include If a hearing is granted, any person NRC’s public Web site at http://
sufficient information to show that a who does not wish, or is not qualified, www.nrc.gov/site-help/e-submittals/
genuine dispute exists with the to become a party to the proceeding getting-started.html. System
applicant on a material issue of law or may, in the discretion of the presiding requirements for accessing the E-
fact. Contentions shall be limited to officer, be permitted to make a limited Submittal server are detailed in the
matters within the scope of the appearance pursuant to the provisions NRC’s ‘‘Guidance for Electronic
amendment under consideration. The of 10 CFR 2.315(a). A person making a Submission,’’ which is available on the
contention must be one which, if limited appearance may make an oral or agency’s public Web site at http://
proven, would entitle the requestor/ written statement of position on the www.nrc.gov/site-help/e-
petitioner to relief. A requestor/ issues, but may not otherwise submittals.html. Participants may
petitioner who fails to satisfy these participate in the proceeding. A limited attempt to use other software not listed
requirements with respect to at least one appearance may be made at any session on the Web site, but should note that the
contention will not be permitted to of the hearing or at any prehearing NRC’s E-Filing system does not support
participate as a party. conference, subject to the limits and unlisted software, and the NRC Meta
Those permitted to intervene become conditions as may be imposed by the System Help Desk will not be able to
parties to the proceeding, subject to any presiding officer. Persons desiring to offer assistance in using unlisted
limitations in the order granting leave to make a limited appearance are software.
intervene, and have the opportunity to If a participant is electronically
asabaliauskas on DSK5VPTVN1PROD with NOTICES

requested to inform the Secretary of the
participate fully in the conduct of the Commission by April 29, 2016. submitting a document to the NRC in
hearing with respect to resolution of accordance with the E-Filing rule, the
that person’s admitted contentions, III. Electronic Submissions (E-Filing) participant must file the document
including the opportunity to present All documents filed in NRC using the NRC’s online, Web-based
evidence and to submit a cross- adjudicatory proceedings, including a submission form. In order to serve
examination plan for cross-examination request for hearing, a petition for leave documents through the Electronic
of witnesses, consistent with NRC to intervene, any motion or other Information Exchange System, users
regulations, policies, and procedures. document filed in the proceeding prior will be required to install a Web

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10288 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

above, the NRC staff will notify the comply with the requirements of 10 CFR If challenges to the NRC staff
requestor in writing that access to 2.309. determinations are filed, these
SUNSI has been granted. The written G. Review of Denials of Access. procedures give way to the normal
notification will contain instructions on (1) If the request for access to SUNSI process for litigating disputes
how the requestor may obtain copies of is denied by the NRC staff after a concerning access to information. The
the requested documents, and any other determination on standing and need for availability of interlocutory review by
conditions that may apply to access access, the NRC staff shall immediately the Commission of orders ruling on
those documents. These conditions may notify the requestor in writing, briefly
such NRC staff determinations (whether
include, but are not limited to, the stating the reason or reasons for the
denial. granting or denying access) is governed
signing of a Non-Disclosure Agreement by 10 CFR 2.311.3
or Affidavit, or Protective Order 2 setting (2) The requester may challenge the
forth terms and conditions to prevent NRC staff’s adverse determination by I. The Commission expects that the
filing a challenge within 5 days of NRC staff and presiding officers (and
the unauthorized or inadvertent
receipt of that determination with: (a) any other reviewing officers) will
disclosure of SUNSI by each individual
The presiding officer designated in this consider and resolve requests for access
who will be granted access to SUNSI.
proceeding; (b) if no presiding officer to SUNSI, and motions for protective
F. Filing of Contentions. Any has been appointed, the Chief orders, in a timely fashion in order to
contentions in these proceedings that Administrative Judge, or if he or she is minimize any unnecessary delays in
are based upon the information received unavailable, another administrative identifying those petitioners who have
as a result of the request made for judge, or an administrative law judge standing and who have propounded
SUNSI must be filed by the requestor no with jurisdiction pursuant to 10 CFR
later than 25 days after the requestor is contentions meeting the specificity and
2.318(a); or (c) an officer if that officer
granted access to that information. basis requirements in 10 CFR part 2.
has been designated to rule on
However, if more than 25 days remain information access issues. Attachment 1 to this Order summarizes
between the date the petitioner is H. Review of Grants of Access. A the general target schedule for
granted access to the information and party other than the requester may processing and resolving requests under
the deadline for filing all other challenge an NRC staff determination these procedures.
contentions (as established in the notice granting access to SUNSI whose release It is so ordered.
of hearing or opportunity for hearing), would harm that party’s interest
Dated at Rockville, Maryland, this 23rd day
the petitioner may file its SUNSI independent of the proceeding. Such a
of February, 2016.
contentions by that later deadline. This challenge must be filed with the Chief
provision does not extend the time for Administrative Judge within 5 days of For the Nuclear Regulatory Commission.
filing a request for a hearing and the notification by the NRC staff of its Annette L. Vietti-Cook,
petition to intervene, which must grant of access. 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 instruc-
tions 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
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 sen-
asabaliauskas on DSK5VPTVN1PROD with NOTICES

sitive 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.

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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Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices 10289

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 re-
main between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as estab-
lished 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. 2016–04337 Filed 2–26–16; 8:45 am] OVERSEAS PRIVATE INVESTMENT PENSION BENEFIT GUARANTY
BILLING CODE 7590–01–P CORPORATION CORPORATION

Sunshine Act Meeting Notice Proposed Submission of Information
Collection for OMB Review; Comment
EXECUTIVE OFFICE OF THE TIME AND DATE: Thursday, March 17, Request; Administrative Appeals
PRESIDENT 2016, 2 p.m. (Open Portion) 2:15 p.m. AGENCY: Pension Benefit Guaranty
(Closed Portion). Corporation.
Office of National Drug Control Policy
PLACE: Offices of the Corporation, ACTION: Notice of intent to request
Designation of 14 Counties as High Twelfth Floor Board Room,1100 New extension of OMB approval of
Intensity Drug Trafficking Areas York Avenue NW., Washington, DC. information collection.

AGENCY: Office of National Drug Control STATUS: Meeting OPEN to the Public SUMMARY: The Pension Benefit Guaranty
Policy. from 2 p.m. to 2:15 p.m. Closed portion Corporation (‘‘PBGC’’) intends to
will commence at 2:15 p.m. (approx.) request the Office of Management and
ACTION: Notice of HIDTA designations. Budget (‘‘OMB’’) to extend approval,
MATTERS TO BE CONSIDERED:
under the Paperwork Reduction Act, of
SUMMARY: The Director of the Office of 1. President’s Report a collection of information under its
National Drug Control Policy designated 2. Confirmation—Tracey Webb regulation on Rules for Administrative
14 additional counties as High Intensity Review of Agency Decisions. This
Drug Trafficking Areas (HIDTA) 3. Minutes of the Open Session of the
notice informs the public of PBGC’s
pursuant to 21 U.S.C. 1706. The new December 10, 2015 Board of
intent and solicits public comment on
counties are (1) Blount County, Directors Meeting the collection of information.
Tennessee and Carroll and Grayson FURTHER MATTERS TO BE CONSIDERED: DATES: Comments should be submitted
Counties (including the Independent (Closed to the Public 2:15 p.m.): by April 29, 2016.
City of Galax) in Virginia as part of the
1. Finance Project—Indonesia ADDRESSES: Comments may be
Appalachia HIDTA; (2) Escambia and
2. Finance Project—India submitted by any of the following
Santa Rosa Counties in Florida as part
methods:
of the Gulf Coast HIDTA; (3) Muskegon 3. Finance Project—India Federal eRulemaking Portal: http://
County, Michigan as part of the www.regulations.gov. Follow the Web
4. Finance Project—Guinea
Michigan HIDTA; (4) Bristol County, site instructions for submitting
Massachusetts as part of the New 5. Finance Project—Cambodia
comments.
England HIDTA; (5) Broome and Ulster 6. Finance Project—Cambodia Email: paperwork.comments@
Counties in New York as part of the 7. Finance Project—Global pbgc.gov.
New York/New Jersey HIDTA; (6) Linn Fax: 202–326–4224.
County, Oregon as part of the Oregon- 8. Minutes of the Closed Session of the
December 19, 2015 Board of Mail or Hand Delivery: Office of the
Idaho HIDTA; (7) McIntosh and General Counsel, Pension Benefit
Pittsburg Counties in Oklahoma as part Directors Meeting
Guaranty Corporation, 1200 K Street
of the Texoma HIDTA; (8) Carroll 9. Formation of a Risk Committee of the NW., Washington, DC 20005–4026.
County, Maryland and Jefferson County, Board PBGC will make all comments
West Virginia as part of the Washington/ available on its Web site, www.pbgc.gov.
10. Reports
Baltimore HIDTA. Copies of the collection of
11. Pending Projects
FOR FURTHER INFORMATION CONTACT: information may also be obtained
Questions regarding this notice should CONTACT PERSON FOR MORE INFORMATION: without charge by writing to the
be directed to Michael K. Gottlieb, Information on the meeting may be Disclosure Division of the Office of the
National HIDTA Program Director, obtained from Catherine F. I. Andrade at General Counsel of PBGC at the above
(202) 336–8768, or via email at address or by visiting the Disclosure
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Office of National Drug Control Policy,
Executive Office of the President, Catherine.Andrade@opic.gov. Division or calling 202–326–4040
Washington, DC 20503; (202) 395–4868. Dated: February 25, 2016.
during normal business hours. (TTY and
TDD users may call the Federal relay
Dated: January 14, 2016. Catherine F. I. Andrade, service toll-free at 1–800–877–8339 and
Michael Passante, Corporate Secretary, Overseas Private ask to be connected to 202–326–4040.)
Deputy General Counsel. Investment Corporation. PBGC’s regulation on Administrative
[FR Doc. 2016–04291 Filed 2–26–16; 8:45 am] [FR Doc. 2016–04476 Filed 2–25–16; 4:15 pm] Appeals may be accessed on PBGC’s
BILLING CODE 3280–F5–P BILLING CODE 3210–01–P Web site at www.pbgc.gov.

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Document Created: 2016-02-27 02:05:26
Document Modified: 2016-02-27 02:05:26
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment request; opportunity to request a hearing, and to petition for leave to intervene; order.
Dates		A request for a hearing or petition for leave to intervene must be filed by April 29, 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 March 10, 2016.
Contact		John Saxton, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0697; email: [email protected]
FR Citation		81 FR 10285