82 FR 18937 - GE-Hitachi Nuclear Energy LLC Facility

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range		18937-18939
FR Document		2017-08216
The U.S. Nuclear Regulatory Commission (NRC) received an application from GE-Hitachi Nuclear Energy, LLC (GEH) for an amendment to Materials License No. SNM-2500, which authorizes the storage of spent nuclear fuel and associated liquid and solid waste treatment products. The amendment would revise the license to provide clarifying administrative changes related to the specific storage of liquid and solid waste treatment products allowed to be at the site.
Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18937-18939]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08216]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-01; NRC-2017-0103]


GE-Hitachi Nuclear Energy LLC Facility

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received an 
application from GE-Hitachi Nuclear Energy, LLC (GEH) for an amendment 
to Materials License No. SNM-2500, which authorizes the storage of 
spent nuclear fuel and associated liquid and solid waste treatment 
products. The amendment would revise the license to provide clarifying 
administrative changes related to the specific storage of liquid and 
solid waste treatment products allowed to be at the site.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by June 23, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0103 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-2017-0103. 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: Christian Jacobs, Office of Nuclear 
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6825, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received, by letter dated February 15, 2017 (ADAMS 
Accession No. ML17046A072, as supplemented March 9, 2017, ADAMS 
Accession No. ML17072A381) GEH's license amendment request (LAR) No. 15 
for Materials License No. SNM-2500 (LAR 2500-15) for the GEH Facility 
at Morris, Illinois in accordance with 10 CFR 72.56. The amendment, if 
approved, would provide clarifying administrative changes to the 
current SNM 2500 license. The proposed changes add descriptions of 
authorized materials and physical forms currently onsite in order to be 
consistent with the approved Consolidated Safety Analysis Report (CSAR) 
sections. The amendment requests no changes in the scope or type of 
operations presently authorized by the license.
    An NRC administrative completeness review found the application 
acceptable for a technical review (ADAMS Accession No. ML17086A009). 
Prior to approving LAR 2500-15, the NRC will need to make the findings 
required by the Atomic Energy Act of 1954 as amended (the Act), and the 
NRC's regulations. The NRC's findings will be documented in a safety 
evaluation report and an environmental assessment. The environmental 
assessment will be the subject of a subsequent notice in the Federal 
Register.

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions 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. 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/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d), the petition should specifically 
explain the reasons why intervention should be

[[Page 18938]]

permitted with particular reference to the following general 
requirements for standing: (1) The name, address, and telephone number 
of the petitioner; (2) the nature of the petitioner's right under the 
Act to be made a party to the proceeding; (3) the nature and extent of 
the 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 petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must 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 petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    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 June 
23, 2017. 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 set forth 
in this section. Alternatively, a State, local governmental body, 
Federally-recognized Indian Tribe, or agency thereof may participate as 
a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), 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 that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562, August 3, 2012). 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC's Web site at 
http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-

[[Page 18939]]

submittals.html, by email to [email protected], or by a toll-free 
call at 1-866-672-7640. The NRC Electronic Filing Help Desk is 
available between 9 a.m. and 6 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 
stating why there is good cause for not filing electronically and 
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, 11555 
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents 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 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants are 
requested not to include copyrighted materials in their submission.

    Dated at Rockville, Maryland, this 12th day of April, 2017.

    For the Nuclear Regulatory Commission.
John McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-08216 Filed 4-21-17; 8:45 am]
 BILLING CODE 7590-01-P
18938 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

permitted with particular reference to agency thereof, may submit a petition to days prior to the filing deadline, the
the following general requirements for the Commission to participate as a party participant should contact the Office of
standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition the Secretary by email at
telephone number of the petitioner; (2) should state the nature and extent of the hearing.docket@nrc.gov, or by telephone
the nature of the petitioner’s right under petitioner’s interest in the proceeding. at 301–415–1677, to (1) request a digital
the Act to be made a party to the The petition should be submitted to the identification (ID) certificate, which
proceeding; (3) the nature and extent of Commission by June 23, 2017. The allows the participant (or its counsel or
the petitioner’s property, financial, or petition must be filed in accordance representative) to digitally sign
other interest in the proceeding; and (4) with the filing instructions in the submissions and access the E-Filing
the possible effect of any decision or ‘‘Electronic Submissions (E-Filing)’’ system for any proceeding in which it
order which may be entered in the section of this document, and should is participating; and (2) advise the
proceeding on the petitioner’s interest. meet the requirements for petitions set Secretary that the participant will be
In accordance with 10 CFR 2.309(f), forth in this section. Alternatively, a submitting a petition or other
the petition must also set forth the State, local governmental body, adjudicatory document (even in
specific contentions which the Federally-recognized Indian Tribe, or instances in which the participant, or its
petitioner seeks to have litigated in the agency thereof may participate as a non- counsel or representative, already holds
proceeding. Each contention must party under 10 CFR 2.315(c). an NRC-issued digital ID certificate).
consist of a specific statement of the If a hearing is granted, any person Based upon this information, the
issue of law or fact to be raised or who is not a party to the proceeding and Secretary will establish an electronic
controverted. In addition, the petitioner is not affiliated with or represented by docket for the hearing in this proceeding
must provide a brief explanation of the a party may, at the discretion of the if the Secretary has not already
bases for the contention and a concise presiding officer, be permitted to make established an electronic docket.
statement of the alleged facts or expert a limited appearance pursuant to the Information about applying for a
opinion which support the contention provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
and on which the petitioner intends to making a limited appearance may make NRC’s public Web site at http://
rely in proving the contention at the an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
hearing. The petitioner must also position on the issues but may not getting-started.html. Once a participant
provide references to the specific otherwise participate in the proceeding. has obtained a digital ID certificate and
sources and documents on which the A limited appearance may be made at a docket has been created, the
petitioner intends to rely to support its any session of the hearing or at any participant can then submit
position on the issue. The petition must prehearing conference, subject to the adjudicatory documents. Submissions
include sufficient information to show limits and conditions as may be must be in Portable Document Format
that a genuine dispute exists with the imposed by the presiding officer. Details (PDF). Additional guidance on PDF
applicant or licensee on a material issue regarding the opportunity to make a submissions is available on the NRC’s
of law or fact. Contentions must be limited appearance will be provided by public Web site at http://www.nrc.gov/
limited to matters within the scope of the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A
the proceeding. The contention must be scheduled. filing is considered complete at the time
one which, if proven, would entitle the the document is submitted through the
III. Electronic Submissions (E-Filing)
petitioner to relief. A petitioner who NRC’s E-Filing system. To be timely, an
fails to satisfy the requirements at 10 All documents filed in NRC electronic filing must be submitted to
CFR 2.309(f) with respect to at least one adjudicatory proceedings, including a the E-Filing system no later than 11:59
contention will not be permitted to request for hearing and petition for p.m. Eastern Time on the due date.
participate as a party. leave to intervene (petition), any motion Upon receipt of a transmission, the E-
Those permitted to intervene become or other document filed in the Filing system time-stamps the document
parties to the proceeding, subject to any proceeding prior to the submission of a and sends the submitter an email notice
limitations in the order granting leave to request for hearing or petition to confirming receipt of the document. The
intervene. Parties have the opportunity intervene, and documents filed by E-Filing system also distributes an email
to participate fully in the conduct of the interested governmental entities that notice that provides access to the
hearing with respect to resolution of request to participate under 10 CFR document to the NRC’s Office of the
that party’s admitted contentions, 2.315(c), must be filed in accordance General Counsel and any others who
including the opportunity to present with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary
evidence, consistent with the NRC’s 49139; August 28, 2007, as amended at that they wish to participate in the
regulations, policies, and procedures. 77 FR 46562, August 3, 2012). The E- proceeding, so that the filer need not
Petitions must be filed no later than Filing process requires participants to serve the document on those
60 days from the date of publication of submit and serve all adjudicatory participants separately. Therefore,
this notice. Petitions and motions for documents over the internet, or in some applicants and other participants (or
leave to file new or amended cases to mail copies on electronic their counsel or representative) must
contentions that are filed after the storage media. Detailed guidance on apply for and receive a digital ID
deadline will not be entertained absent making electronic submissions may be certificate before adjudicatory
a determination by the presiding officer found in the Guidance for Electronic documents are filed so that they can
that the filing demonstrates good cause Submissions to the NRC and on the obtain access to the documents via the
jstallworth on DSK7TPTVN1PROD with NOTICES

by satisfying the three factors in 10 CFR NRC’s Web site at http://www.nrc.gov/ E-Filing system.
2.309(c)(1)(i) through (iii). The petition site-help/e-submittals.html. Participants A person filing electronically using
must be filed in accordance with the may not submit paper copies of their the NRC’s adjudicatory E-Filing system
filing instructions in the ‘‘Electronic filings unless they seek an exemption in may seek assistance by contacting the
Submissions (E-Filing)’’ section of this accordance with the procedures NRC’s Electronic Filing Help Desk
document. described below. through the ‘‘Contact Us’’ link located
A State, local governmental body, To comply with the procedural on the NRC’s public Web site at http://
Federally-recognized Indian Tribe, or requirements of E-Filing, at least 10 www.nrc.gov/site-help/e-

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Document Created: 2017-04-22 00:11:26
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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 application; opportunity to request a hearing and to petition for leave to intervene.
Dates		A request for a hearing or petition for leave to intervene must be filed by June 23, 2017.
Contact		Christian Jacobs, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6825, email: [email protected]
FR Citation		82 FR 18937