81 FR 32793 - Medical Radioisotope Production Facility; Northwest Medical Isotopes, LLC
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 100 (May 24, 2016)
Federal Register Volume 81, Issue 100 (May 24, 2016)
| Page Range | 32793-32796 | |
| FR Document | 2016-12195 |
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)] [Notices] [Pages 32793-32796] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12195] [[Page 32793]] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 50-609; NRC-2013-0235] Medical Radioisotope Production Facility; Northwest Medical Isotopes, LLC AGENCY: Nuclear Regulatory Commission. ACTION: Construction permit application; opportunity to request a hearing and petition for leave to intervene; order. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is providing notice of an uncontested hearing and an opportunity to request a hearing on the Northwest Medical Isotopes, LLC (NWMI), construction permit application that proposes the construction of a medical radioisotope production facility in Columbia, Missouri. The NRC staff is currently conducting a detailed technical review of the construction permit application. If the NRC issues a construction permit, the applicant, NWMI, would be authorized to construct its proposed production facility in accordance with the provisions of the construction permit. The application contains sensitive unclassified non-safeguards information (SUNSI). DATES: A request for a hearing must be filed by July 25, 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 June 3, 2016. ADDRESSES: Please refer to Docket ID NRC-2013-0235 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-2013-0235. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. 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: Michael Balazik, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2856, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Introduction By letters dated February 5, 2015 (ADAMS Accession No. ML15086A261), and July 20, 2015 (ADAMS Accession No. ML15210A182), NWMI submitted a construction permit application that proposed to construct a medical radioisotope production facility. The notice accepting part one of the application for docketing was published on June 8, 2015 (80 FR 32418). The notice accepting the second and final portion of NWMI's two-part construction permit application for docketing was published on January 4, 2016 (81 FR 101). The docket number established for this application is 50-609. The NRC is considering issuance of a construction permit to NWMI that would authorize construction of the NWMI proposed production facility as defined by 10 CFR part 50, ``Domestic Licensing of Production and Utilization Facilities,'' to be located in Columbia, Missouri. II. Uncontested Hearing Pursuant to the Atomic Energy Act of 1954, as amended (the Act), and 10 CFR parts 2 and 50, ``Agency Rules of Practice and Procedure'' and ``Domestic Licensing of Production and Utilization Facilities,'' respectively, notice is hereby given that an uncontested (i.e., mandatory) hearing will be held at a time and place to be set in the future by the Commission. The uncontested hearing on the application for a construction permit filed by NWMI pursuant to 10 CFR part 50 will be conducted by the Commission. The NRC staff will complete a detailed technical review of the application and will document its findings in a safety evaluation report. The Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 50.58, ``Hearings and Report of the Advisory Committee on Reactor Safeguards,'' and the ACRS will report on those portions of the application that concern safety. The NRC staff will also complete an environmental review of the application and will document its findings in an environmental impact statement in accordance with the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.'' III. 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 for leave to intervene with respect to issuance of the construction permit application. Requests for a hearing and petitions 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 persons should consult a current copy of 10 CFR 2.309, which is available at the NRC's PDR, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), 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; and the Secretary or the Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a 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 [[Page 32794]] 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 which 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 construction permit application 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. 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 July 25, 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 July 25, 2016. IV. 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 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 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 [[Page 32795]] 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. V. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation Northwest Medical Isotopes, LLC, Docket No. 50-609, Columbia, Missouri 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: --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly-available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that [[Page 32796]] 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 provided access to that information. However, if more than 25 days remain between the dates the petitioner is provided 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\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 18th day of May, 2016. For the Nuclear Regulatory Commission. Rochelle C. Bavol, Acting, Secretary of the Commission. Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding ------------------------------------------------------------------------ Day Event/activity ------------------------------------------------------------------------ 0........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with 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. 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. 2016-12195 Filed 5-23-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices 32793
NUCLEAR REGULATORY select ‘‘Begin Web-based ADAMS findings in a safety evaluation report.
COMMISSION Search.’’ For problems with ADAMS, The Commission will refer a copy of the
please contact the NRC’s Public application to the Advisory Committee
[Docket No. 50–609; NRC–2013–0235]
Document Room (PDR) reference staff at on Reactor Safeguards (ACRS) in
Medical Radioisotope Production 1–800–397–4209, 301–415–4737, or by accordance with 10 CFR 50.58,
Facility; Northwest Medical Isotopes, email to pdr.resource@nrc.gov. The ‘‘Hearings and Report of the Advisory
LLC ADAMS accession number for each Committee on Reactor Safeguards,’’ and
document referenced (if it is available in the ACRS will report on those portions
AGENCY: Nuclear Regulatory ADAMS) is provided the first time that of the application that concern safety.
Commission. it is mentioned in this document. The NRC staff will also complete an
ACTION: Construction permit • NRC’s PDR: You may examine and environmental review of the application
application; opportunity to request a purchase copies of public documents at and will document its findings in an
hearing and petition for leave to the NRC’s PDR, Room O1–F21, One environmental impact statement in
intervene; order. White Flint North, 11555 Rockville accordance with the National
Pike, Rockville, Maryland 20852. Environmental Policy Act of 1969, as
SUMMARY: The U.S. Nuclear Regulatory FOR FURTHER INFORMATION CONTACT: amended, and the Commission’s
Commission (NRC) is providing notice Michael Balazik, Office of Nuclear regulations in 10 CFR part 51,
of an uncontested hearing and an Reactor Regulation, U.S. Nuclear ‘‘Environmental Protection Regulations
opportunity to request a hearing on the Regulatory Commission, Washington, for Domestic Licensing and Related
Northwest Medical Isotopes, LLC DC 20555–0001; telephone: 301–415– Regulatory Functions.’’
(NWMI), construction permit 2856, email: Michael.Balazik@nrc.gov. III. Opportunity To Request a Hearing
application that proposes the
SUPPLEMENTARY INFORMATION: and Petition for Leave To Intervene
construction of a medical radioisotope
production facility in Columbia, I. Introduction Within 60 days after the date of
Missouri. The NRC staff is currently publication of this notice, any person(s)
conducting a detailed technical review By letters dated February 5, 2015 whose interest may be affected by this
of the construction permit application. (ADAMS Accession No. ML15086A261), action may file a request for a hearing
If the NRC issues a construction permit, and July 20, 2015 (ADAMS Accession and a petition for leave to intervene
the applicant, NWMI, would be No. ML15210A182), NWMI submitted a with respect to issuance of the
authorized to construct its proposed construction permit application that construction permit application.
production facility in accordance with proposed to construct a medical Requests for a hearing and petitions for
the provisions of the construction radioisotope production facility. The leave to intervene shall be filed in
permit. The application contains notice accepting part one of the accordance with the Commission’s
sensitive unclassified non-safeguards application for docketing was published ‘‘Agency Rules of Practice and
information (SUNSI). on June 8, 2015 (80 FR 32418). The Procedure,’’ in 10 CFR part 2. Interested
notice accepting the second and final persons should consult a current copy
DATES: A request for a hearing must be
portion of NWMI’s two-part of 10 CFR 2.309, which is available at
filed by July 25, 2016. Any potential construction permit application for the NRC’s PDR, located at One White
party as defined in § 2.4 of title 10 of the docketing was published on January 4, Flint North, Room O1–F21, 11555
Code of Federal Regulations (10 CFR), 2016 (81 FR 101). The docket number Rockville Pike (first floor), Rockville,
who believes access to SUNSI is established for this application is 50– Maryland 20852. The NRC’s regulations
necessary to respond to this notice must 609. are accessible electronically from the
request document access by June 3, The NRC is considering issuance of a NRC Library on the NRC’s Web site at
2016. construction permit to NWMI that http://www.nrc.gov/reading-rm/doc-
ADDRESSES: Please refer to Docket ID would authorize construction of the collections/cfr/. If a request for a hearing
NRC–2013–0235 when contacting the NWMI proposed production facility as or petition for leave to intervene is filed
NRC about the availability of defined by 10 CFR part 50, ‘‘Domestic within 60 days, the Commission or a
information regarding this document. Licensing of Production and Utilization presiding officer designated by the
You may obtain publicly-available Facilities,’’ to be located in Columbia, Commission or by the Chief
information related to this document Missouri. Administrative Judge of the Atomic
using any of the following methods: Safety and Licensing Board Panel, will
• Federal Rulemaking Web site: Go to II. Uncontested Hearing
rule on the request and/or petition; and
http://www.regulations.gov and search Pursuant to the Atomic Energy Act of the Secretary or the Chief
for Docket ID NRC–2013–0235. Address 1954, as amended (the Act), and 10 CFR Administrative Judge of the Atomic
questions about NRC dockets to Carol parts 2 and 50, ‘‘Agency Rules of Safety and Licensing Board will issue a
Gallagher; telephone: 301–415–3463; Practice and Procedure’’ and ‘‘Domestic notice of a hearing or an appropriate
email: Carol.Gallagher@nrc.gov. For Licensing of Production and Utilization order.
technical questions, contact the Facilities,’’ respectively, notice is As required by 10 CFR 2.309, a
individual listed in the FOR FURTHER hereby given that an uncontested (i.e., petition for leave to intervene shall set
INFORMATION CONTACT section of this mandatory) hearing will be held at a forth with particularity the interest of
document. time and place to be set in the future by the petitioner in the proceeding, and
• NRC’s Agencywide Documents the Commission. how that interest may be affected by the
sradovich on DSK3TPTVN1PROD with NOTICES
Access and Management System The uncontested hearing on the results of the proceeding. The petition
(ADAMS): You may obtain publicly- application for a construction permit should specifically explain the reasons
available documents online in the filed by NWMI pursuant to 10 CFR part why intervention should be permitted
ADAMS Public Documents collection at 50 will be conducted by the with particular reference to the
http://www.nrc.gov/reading-rm/ Commission. The NRC staff will following general requirements: (1) The
adams.html. To begin the search, select complete a detailed technical review of name, address, and telephone number of
‘‘ADAMS Public Documents’’ and then the application and will document its the requestor or petitioner; (2) the
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![32796 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices
are based upon the information received receipt of that determination with: (a) granting or denying access) is governed
as a result of the request made for The presiding officer designated in this by 10 CFR 2.311.3
SUNSI must be filed by the requestor no proceeding; (b) if no presiding officer I. The Commission expects that the
later than 25 days after the requestor is has been appointed, the Chief NRC staff and presiding officers (and
provided access to that information. Administrative Judge, or if he or she is any other reviewing officers) will
However, if more than 25 days remain unavailable, another administrative consider and resolve requests for access
between the dates the petitioner is judge, or an administrative law judge to SUNSI, and motions for protective
provided access to the information and with jurisdiction pursuant to 10 CFR orders, in a timely fashion in order to
the deadline for filing all other 2.318(a); or (c) an officer if that officer minimize any unnecessary delays in
contentions (as established in the notice has been designated to rule on identifying those petitioners who have
of hearing or opportunity for hearing), information access issues. standing and who have propounded
the petitioner may file its SUNSI H. Review of Grants of Access. A contentions meeting the specificity and
contentions by that later deadline. This party other than the requester may basis requirements in 10 CFR part 2.
provision does not extend the time for challenge an NRC staff determination Attachment 1 to this Order summarizes
filing a request for a hearing and granting access to SUNSI whose release the general target schedule for
petition to intervene, which must would harm that party’s interest processing and resolving requests under
comply with the requirements of 10 CFR independent of the proceeding. Such a these procedures.
2.309. challenge must be filed with the Chief It is so ordered.
G. Review of Denials of Access. Administrative Judge within 5 days of Dated at Rockville, Maryland, this 18th day
(1) If the request for access to SUNSI the notification by the NRC staff of its of May, 2016.
is denied by the NRC staff after a grant of access. For the Nuclear Regulatory Commission.
determination on standing and need for If challenges to the NRC staff Rochelle C. Bavol,
access, the NRC staff shall immediately determinations are filed, these
Acting, Secretary of the Commission.
notify the requestor in writing, briefly procedures give way to the normal
stating the reason or reasons for the process for litigating disputes Attachment 1—General Target
denial. concerning access to information. The Schedule for Processing and Resolving
(2) The requester may challenge the availability of interlocutory review by Requests for Access to Sensitive
NRC staff’s adverse determination by the Commission of orders ruling on Unclassified Non-Safeguards
filing a challenge within 5 days of such NRC staff determinations (whether Information in This Proceeding
Day Event/activity
0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-
structions for access requests.
10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu-
lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also in-
forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
essing (preparation of redactions or review of redacted documents).
25 ...................... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
A ....................... If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protec-
tive order.
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.
sradovich on DSK3TPTVN1PROD with NOTICES
[FR Doc. 2016–12195 Filed 5–23–16; 8:45 am]
BILLING CODE 7590–01–P
3 Requesters should note that the filing staff determinations (because they must be served applicable), but not to the initial SUNSI request
requirements of the NRC’s E-Filing Rule (72 FR on a presiding officer or the Commission, as submitted to the NRC staff under these procedures.
49139; August 28, 2007) apply to appeals of NRC
VerDate Sep<11>2014 17:24 May 23, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4703 Sfmt 9990 E:\FR\FM\24MYN1.SGM 24MYN1](https://thefederalregister.org/doc/81_FR_32893/page/4.svg)
Document Created: 2016-05-24 05:22:12
Document Modified: 2016-05-24 05:22:12
| 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 | Construction permit application; opportunity to request a hearing and petition for leave to intervene; order. | |
| Dates | A request for a hearing must be filed by July 25, 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 June 3, 2016. | |
| Contact | Michael Balazik, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2856, email: [email protected] | |
| FR Citation | 81 FR 32793 |
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