82_FR_19016 82 FR 18939 - Water Remediation Technology LLC

82 FR 18939 - Water Remediation Technology LLC

NUCLEAR REGULATORY COMMISSION

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

Page Range18939-18941
FR Document2017-08215

The U.S. Nuclear Regulatory Commission (NRC) has received an application from Water Remediation Technology, LLC for renewal of Materials License No. SUC-1591, which authorizes the licensee to offer a water treatment program to remove uranium from drinking water at community water systems. Water Remediation Technology, LLC has also requested authorization to expand the scope of its licensed activities to include treatment of uranium in groundwater and surface water resources not used for drinking water. If approved, the license renewal would allow Water Remediation Technology, LLC to offer water treatment programs to remove uranium from community drinking water systems and water resources not used for drinking water for a 10-year period following renewal and authorization.

Federal Register, Volume 82 Issue 77 (Monday, April 24, 2017)
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18939-18941]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08215]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-9059; NRC-2017-0105]


Water Remediation Technology LLC

AGENCY: Nuclear Regulatory Commission.

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

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an 
application from Water Remediation Technology, LLC for renewal of 
Materials License No. SUC-1591, which authorizes the licensee to offer 
a water treatment program to remove uranium from drinking water at 
community water systems. Water Remediation Technology, LLC has also 
requested authorization to expand the scope of its licensed activities 
to include treatment of uranium in groundwater and surface water 
resources not used for drinking water. If approved, the license renewal 
would allow Water Remediation Technology, LLC to offer water treatment 
programs to remove uranium from community drinking water systems and 
water resources not used for drinking water for a 10-year period 
following renewal and authorization.

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-2017-0105 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-2017-0105. 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: Christopher Grossman, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001; telephone: 301-415-0140, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    By letter dated December 21, 2016, Water Remediation Technology, 
LLC submitted an application to renew Materials License No. SUC-1591 
for a performance-based, multi-site service provider license (ADAMS 
Accession No. ML16358A447). This license was issued under part 40 of 
title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
licensing of source material,'' and allows Water Remediation 
Technology, LLC to utilize its water treatment technology to remove 
uranium from drinking water treated by community water systems in NRC-
regulated States. The license also permits Water Remediation 
Technology, LLC to possess source material generated from these 
operations. The license's current expiration date is January 25, 2017. 
However, in accordance with 10 CFR 40.42, the existing license will not 
expire during the pendency of the NRC staff's review of the renewal 
application. If granted, the license would be renewed for another 10 
years.
    In addition to seeking renewal of its existing license for 
conducting uranium water treatment operations at community water 
systems, Water Remediation Technology, LLC has

[[Page 18940]]

requested authorization to expand the scope of its licensed activities 
to include treatment of other types of groundwater or surface water 
resources such as waters impacted by mining (e.g., pit lakes), 
groundwater sources that are not currently a drinking water source, 
drilling fluids from oil and gas exploration, and waters impacted by 
construction.
    An NRC administrative completeness review, dated February 8, 2017, 
found the application acceptable to begin a technical review (ADAMS 
Accession No. ML17032A052). Prior to approving the license renewal 
application, 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 a petition to intervene (petition) 
with respect to the application to renew Materials License No. SUC-
1591. 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 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. Failure to satisfy 
these requirements in 10 CFR 2.309(f) will result in an inadmissible 
contention. Without at least one admissible contention, a petitioner 
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

[[Page 18941]]

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-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 14th day of April 2017.

    For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-08215 Filed 4-21-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                            18939

                                                  submittals.html, by email to                            limited excerpts that serve the purpose               individual listed in the FOR FURTHER
                                                  MSHD.Resource@nrc.gov, or by a toll-                    of the adjudicatory filings and would                 INFORMATION CONTACT    section of this
                                                  free call at 1–866–672–7640. The NRC                    constitute a Fair Use application,                    document.
                                                  Electronic Filing Help Desk is available                participants are requested not to include                • NRC’s Agencywide Documents
                                                  between 9 a.m. and 6 p.m., Eastern                      copyrighted materials in their                        Access and Management System
                                                  Time, Monday through Friday,                            submission.                                           (ADAMS): You may obtain publicly-
                                                  excluding government holidays.                             Dated at Rockville, Maryland, this 12th day        available documents online in the
                                                     Participants who believe that they                   of April, 2017.                                       ADAMS Public Documents collection at
                                                  have a good cause for not submitting                                                                          http://www.nrc.gov/reading-rm/
                                                                                                             For the Nuclear Regulatory Commission.
                                                  documents electronically must file an                                                                         adams.html. To begin the search, select
                                                                                                          John McKirgan,
                                                  exemption request, in accordance with                                                                         ‘‘ADAMS Public Documents’’ and then
                                                  10 CFR 2.302(g), with their initial paper               Chief, Spent Fuel Licensing Branch, Division
                                                                                                          of Spent Fuel Management, Office of Nuclear
                                                                                                                                                                select ‘‘Begin Web-based ADAMS
                                                  filing stating why there is good cause for                                                                    Search.’’ For problems with ADAMS,
                                                                                                          Material Safety and Safeguards.
                                                  not filing electronically and requesting                                                                      please contact the NRC’s Public
                                                                                                          [FR Doc. 2017–08216 Filed 4–21–17; 8:45 am]
                                                  authorization to continue to submit                                                                           Document Room (PDR) reference staff at
                                                  documents in paper format. Such filings                 BILLING CODE 7590–01–P
                                                                                                                                                                1–800–397–4209, 301–415–4737, or by
                                                  must be submitted by: (1) First class                                                                         email to pdr.resource@nrc.gov. The
                                                  mail addressed to the Office of the                                                                           ADAMS accession number for each
                                                  Secretary of the Commission, U.S.                       NUCLEAR REGULATORY
                                                                                                          COMMISSION                                            document referenced (if it is available in
                                                  Nuclear Regulatory Commission,                                                                                ADAMS) is provided the first time that
                                                  Washington, DC 20555–0001, Attention:                   [Docket No. 40–9059; NRC–2017–0105]                   it is mentioned in this document.
                                                  Rulemaking and Adjudications Staff; or                                                                           • NRC’s PDR: You may examine and
                                                  (2) courier, express mail, or expedited                 Water Remediation Technology LLC                      purchase copies of public documents at
                                                  delivery service to the Office of the                   AGENCY:  Nuclear Regulatory                           the NRC’s PDR, Room O1–F21, One
                                                  Secretary, 11555 Rockville Pike,                        Commission.                                           White Flint North, 11555 Rockville
                                                  Rockville, Maryland, 20852, Attention:                                                                        Pike, Rockville, Maryland 20852.
                                                                                                          ACTION: License renewal application;
                                                  Rulemaking and Adjudications Staff.
                                                                                                          opportunity to request a hearing and to               FOR FURTHER INFORMATION CONTACT:
                                                  Participants filing adjudicatory
                                                                                                          petition for leave to intervene.                      Christopher Grossman, Office of Nuclear
                                                  documents in this manner are
                                                                                                                                                                Material Safety and Safeguards, U.S.
                                                  responsible for serving the document on                 SUMMARY:   The U.S. Nuclear Regulatory                Nuclear Regulatory Commission,
                                                  all other participants. Filing is                       Commission (NRC) has received an                      Washington DC 20555–0001; telephone:
                                                  considered complete by first-class mail                 application from Water Remediation                    301–415–0140, email:
                                                  as of the time of deposit in the mail, or               Technology, LLC for renewal of                        Christopher.Grossman@nrc.gov.
                                                  by courier, express mail, or expedited                  Materials License No. SUC–1591, which
                                                  delivery service upon depositing the                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                          authorizes the licensee to offer a water
                                                  document with the provider of the                       treatment program to remove uranium                   I. Introduction
                                                  service. A presiding officer, having                    from drinking water at community
                                                  granted an exemption request from                                                                                By letter dated December 21, 2016,
                                                                                                          water systems. Water Remediation                      Water Remediation Technology, LLC
                                                  using E-Filing, may require a participant               Technology, LLC has also requested
                                                  or party to use E-Filing if the presiding                                                                     submitted an application to renew
                                                                                                          authorization to expand the scope of its              Materials License No. SUC–1591 for a
                                                  officer subsequently determines that the                licensed activities to include treatment
                                                  reason for granting the exemption from                                                                        performance-based, multi-site service
                                                                                                          of uranium in groundwater and surface                 provider license (ADAMS Accession
                                                  use of E-Filing no longer exists.                       water resources not used for drinking
                                                     Documents submitted in adjudicatory                                                                        No. ML16358A447). This license was
                                                                                                          water. If approved, the license renewal               issued under part 40 of title 10 of the
                                                  proceedings will appear in the NRC’s
                                                                                                          would allow Water Remediation                         Code of Federal Regulations (10 CFR),
                                                  electronic hearing docket which is
                                                                                                          Technology, LLC to offer water                        ‘‘Domestic licensing of source material,’’
                                                  available to the public at https://
                                                  adams.nrc.gov/ehd, unless excluded                      treatment programs to remove uranium                  and allows Water Remediation
                                                  pursuant to an order of the Commission                  from community drinking water systems                 Technology, LLC to utilize its water
                                                  or the presiding officer. If you do not                 and water resources not used for                      treatment technology to remove
                                                  have an NRC-issued digital ID certificate               drinking water for a 10-year period                   uranium from drinking water treated by
                                                  as described above, click cancel when                   following renewal and authorization.                  community water systems in NRC-
                                                  the link requests certificates and you                  DATES: A request for a hearing or                     regulated States. The license also
                                                  will be automatically directed to the                   petition for leave to intervene must be               permits Water Remediation Technology,
                                                  NRC’s electronic hearing dockets where                  filed by June 23, 2017.                               LLC to possess source material
                                                  you will be able to access any publicly                 ADDRESSES: Please refer to Docket ID                  generated from these operations. The
                                                  available documents in a particular                     NRC–2017–0105 when contacting the                     license’s current expiration date is
                                                  hearing docket. Participants are                        NRC about the availability of                         January 25, 2017. However, in
                                                  requested not to include personal                       information regarding this document.                  accordance with 10 CFR 40.42, the
                                                  privacy information, such as social                     You may obtain publicly-available                     existing license will not expire during
                                                  security numbers, home addresses, or                    information related to this document                  the pendency of the NRC staff’s review
                                                  personal phone numbers in their filings,                using any of the following methods:                   of the renewal application. If granted,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  unless an NRC regulation or other law                      • Federal Rulemaking Web site: Go to               the license would be renewed for
                                                  requires submission of such                             http://www.regulations.gov and search                 another 10 years.
                                                  information. For example, in some                       for Docket ID NRC–2017–0105. Address                     In addition to seeking renewal of its
                                                  instances, individuals provide home                     questions about NRC dockets to Carol                  existing license for conducting uranium
                                                  addresses in order to demonstrate                       Gallagher; telephone: 301–415–3463;                   water treatment operations at
                                                  proximity to a facility or site. With                   email: Carol.Gallagher@nrc.gov. For                   community water systems, Water
                                                  respect to copyrighted works, except for                technical questions, contact the                      Remediation Technology, LLC has


                                             VerDate Sep<11>2014   13:48 Apr 21, 2017   Jkt 241001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\24APN1.SGM   24APN1


                                                  18940                          Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

                                                  requested authorization to expand the                   order which may be entered in the                     with the filing instructions in the
                                                  scope of its licensed activities to include             proceeding on the petitioner’s interest.              ‘‘Electronic Submissions (E-Filing)’’
                                                  treatment of other types of groundwater                    In accordance with 10 CFR 2.309(f),                section of this document, and should
                                                  or surface water resources such as                      the petition must also set forth the                  meet the requirements for petitions set
                                                  waters impacted by mining (e.g., pit                    specific contentions which the                        forth in this section. Alternatively, a
                                                  lakes), groundwater sources that are not                petitioner seeks to have litigated in the             State, local governmental body,
                                                  currently a drinking water source,                      proceeding. Each contention must                      Federally-recognized Indian Tribe, or
                                                  drilling fluids from oil and gas                        consist of a specific statement of the                agency thereof may participate as a non-
                                                  exploration, and waters impacted by                     issue of law or fact to be raised or                  party under 10 CFR 2.315(c).
                                                  construction.                                           controverted. In addition, the petitioner                If a hearing is granted, any person
                                                     An NRC administrative completeness                   must provide a brief explanation of the               who is not a party to the proceeding and
                                                  review, dated February 8, 2017, found                   bases for the contention and a concise                is not affiliated with or represented by
                                                  the application acceptable to begin a                   statement of the alleged facts or expert              a party may, at the discretion of the
                                                  technical review (ADAMS Accession                       opinion which support the contention                  presiding officer, be permitted to make
                                                  No. ML17032A052). Prior to approving                    and on which the petitioner intends to                a limited appearance pursuant to the
                                                  the license renewal application, the                    rely in proving the contention at the                 provisions of 10 CFR 2.315(a). A person
                                                  NRC will need to make the findings                      hearing. The petitioner must also                     making a limited appearance may make
                                                  required by the Atomic Energy Act of                    provide references to the specific                    an oral or written statement of his or her
                                                  1954, as amended (the Act), and the                     sources and documents on which the                    position on the issues but may not
                                                  NRC’s regulations. The NRC’s findings                   petitioner intends to rely to support its             otherwise participate in the proceeding.
                                                  will be documented in a safety                          position on the issue. The petition must              A limited appearance may be made at
                                                  evaluation report and an environmental                  include sufficient information to show                any session of the hearing or at any
                                                  assessment. The environmental                           that a genuine dispute exists with the                prehearing conference, subject to the
                                                  assessment will be the subject of a                     applicant or licensee on a material issue             limits and conditions as may be
                                                  subsequent notice in the Federal                        of law or fact. Contentions must be                   imposed by the presiding officer. Details
                                                  Register.                                               limited to matters within the scope of                regarding the opportunity to make a
                                                                                                          the proceeding. The contention must be                limited appearance will be provided by
                                                  II. Opportunity To Request a Hearing                    one which, if proven, would entitle the               the presiding officer if such sessions are
                                                  and Petition for Leave To Intervene                     petitioner to relief. Failure to satisfy              scheduled.
                                                                                                          these requirements in 10 CFR 2.309(f)
                                                     Within 60 days after the date of                                                                           III. Electronic Submissions (E-Filing)
                                                                                                          will result in an inadmissible
                                                  publication of this notice, any persons                                                                          All documents filed in NRC
                                                                                                          contention. Without at least one
                                                  (petitioner) whose interest may be                                                                            adjudicatory proceedings, including a
                                                                                                          admissible contention, a petitioner will
                                                  affected by this action may file a request                                                                    request for hearing and petition for
                                                                                                          not be permitted to participate as a
                                                  for a hearing and a petition to intervene                                                                     leave to intervene (petition), any motion
                                                                                                          party.
                                                  (petition) with respect to the application                 Those permitted to intervene become                or other document filed in the
                                                  to renew Materials License No. SUC–                     parties to the proceeding, subject to any             proceeding prior to the submission of a
                                                  1591. Petitions shall be filed in                       limitations in the order granting leave to            request for hearing or petition to
                                                  accordance with the Commission’s                        intervene. Parties have the opportunity               intervene, and documents filed by
                                                  ‘‘Agency Rules of Practice and                          to participate fully in the conduct of the            interested governmental entities that
                                                  Procedure’’ in 10 CFR part 2. Interested                hearing with respect to resolution of                 request to participate under 10 CFR
                                                  persons should consult a current copy                   that party’s admitted contentions,                    2.315(c), must be filed in accordance
                                                  of 10 CFR 2.309. The NRC’s regulations                  including the opportunity to present                  with the NRC’s E-Filing rule (72 FR
                                                  are accessible electronically from the                  evidence, consistent with the NRC’s                   49139; August 28, 2007, as amended at
                                                  NRC Library on the NRC’s Web site at                    regulations, policies, and procedures.                77 FR 46562, August 3, 2012). The E-
                                                  http://www.nrc.gov/reading-rm/doc-                         Petitions must be filed no later than              Filing process requires participants to
                                                  collections/cfr/. Alternatively, a copy of              60 days from the date of publication of               submit and serve all adjudicatory
                                                  the regulations is available at the NRC’s               this notice. Petitions and motions for                documents over the internet, or in some
                                                  Public Document Room, located at One                    leave to file new or amended                          cases to mail copies on electronic
                                                  White Flint North, Room O1–F21, 11555                   contentions that are filed after the                  storage media. Detailed guidance on
                                                  Rockville Pike (first floor), Rockville,                deadline will not be entertained absent               making electronic submissions may be
                                                  Maryland 20852. If a petition is filed,                 a determination by the presiding officer              found in the Guidance for Electronic
                                                  the Commission or a presiding officer                   that the filing demonstrates good cause               Submissions to the NRC and on the
                                                  will rule on the petition and, if                       by satisfying the three factors in 10 CFR             NRC’s Web site at http://www.nrc.gov/
                                                  appropriate, a notice of a hearing will be              2.309(c)(1)(i) through (iii). The petition            site-help/e-submittals.html. Participants
                                                  issued.                                                 must be filed in accordance with the                  may not submit paper copies of their
                                                     As required by 10 CFR 2.309(d) the                   filing instructions in the ‘‘Electronic               filings unless they seek an exemption in
                                                  petition should specifically explain the                Submissions (E-Filing)’’ section of this              accordance with the procedures
                                                  reasons why intervention should be                      document.                                             described below.
                                                  permitted with particular reference to                     A State, local governmental body,                     To comply with the procedural
                                                  the following general requirements for                  Federally-recognized Indian Tribe, or                 requirements of E-Filing, at least 10
                                                  standing: (1) The name, address, and                    agency thereof, may submit a petition to              days prior to the filing deadline, the
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                                                  telephone number of the petitioner; (2)                 the Commission to participate as a party              participant should contact the Office of
                                                  the nature of the petitioner’s right under              under 10 CFR 2.309(h)(1). The petition                the Secretary by email at
                                                  the Act to be made a party to the                       should state the nature and extent of the             hearing.docket@nrc.gov, or by telephone
                                                  proceeding; (3) the nature and extent of                petitioner’s interest in the proceeding.              at 301–415–1677, to (1) request a digital
                                                  the petitioner’s property, financial, or                The petition should be submitted to the               identification (ID) certificate, which
                                                  other interest in the proceeding; and (4)               Commission by June 23, 2017. The                      allows the participant (or its counsel or
                                                  the possible effect of any decision or                  petition must be filed in accordance                  representative) to digitally sign


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                                                                                 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices                                                   18941

                                                  submissions and access the E-Filing                        Participants who believe that they                   Dated at Rockville, Maryland, this 14th day
                                                  system for any proceeding in which it                   have a good cause for not submitting                  of April 2017.
                                                  is participating; and (2) advise the                    documents electronically must file an                   For the Nuclear Regulatory Commission.
                                                  Secretary that the participant will be                  exemption request, in accordance with                 Andrea Kock,
                                                  submitting a petition or other                          10 CFR 2.302(g), with their initial paper             Deputy Director, Division of
                                                  adjudicatory document (even in                          filing stating why there is good cause for            Decommissioning, Uranium Recovery, and
                                                  instances in which the participant, or its              not filing electronically and requesting              Waste Programs, Office of Nuclear Material
                                                  counsel or representative, already holds                authorization to continue to submit                   Safety and Safeguards.
                                                  an NRC-issued digital ID certificate).                  documents in paper format. Such filings               [FR Doc. 2017–08215 Filed 4–21–17; 8:45 am]
                                                  Based upon this information, the                        must be submitted by: (1) First class                 BILLING CODE 7590–01–P
                                                  Secretary will establish an electronic                  mail addressed to the Office of the
                                                  docket for the hearing in this proceeding               Secretary of the Commission, U.S.
                                                  if the Secretary has not already                        Nuclear Regulatory Commission,                        SECURITIES AND EXCHANGE
                                                  established an electronic docket.                       Washington, DC 20555–0001, Attention:                 COMMISSION
                                                     Information about applying for a                     Rulemaking and Adjudications Staff; or
                                                                                                                                                                [Release No. 34–80481; File No. SR–CBOE–
                                                  digital ID certificate is available on the              (2) courier, express mail, or expedited               2017–010]
                                                  NRC’s public Web site at http://                        delivery service to the Office of the
                                                  www.nrc.gov/site-help/e-submittals/                     Secretary, 11555 Rockville Pike,                      Self-Regulatory Organizations;
                                                  getting-started.html. Once a participant                Rockville, Maryland 20852, Attention:                 Chicago Board Options Exchange,
                                                  has obtained a digital ID certificate and               Rulemaking and Adjudications Staff.                   Incorporated; Notice of Designation of
                                                  a docket has been created, the                          Participants filing adjudicatory                      a Longer Period for Commission
                                                  participant can then submit                             documents in this manner are                          Action on a Proposed Rule Change
                                                  adjudicatory documents. Submissions                     responsible for serving the document on               Related to Unusual Market Conditions
                                                  must be in Portable Document Format                     all other participants. Filing is                     and the Requirement To Systemize
                                                  (PDF). Additional guidance on PDF                       considered complete by first-class mail               Non-Electronic Orders Prior to
                                                  submissions is available on the NRC’s                   as of the time of deposit in the mail, or             Representation
                                                  public Web site at http://www.nrc.gov/                  by courier, express mail, or expedited
                                                  site-help/electronic-sub-ref-mat.html. A                delivery service upon depositing the                  April 18, 2017.
                                                  filing is considered complete at the time               document with the provider of the                        On February 15, 2017, Chicago Board
                                                  the document is submitted through the                   service. A presiding officer, having                  Options Exchange, Incorporated
                                                  NRC’s E-Filing system. To be timely, an                 granted an exemption request from                     (‘‘CBOE’’ or ‘‘Exchange’’) filed with the
                                                  electronic filing must be submitted to                  using E-Filing, may require a participant             Securities and Exchange Commission
                                                  the E-Filing system no later than 11:59                 or party to use E-Filing if the presiding             (‘‘Commission’’), pursuant to Section
                                                  p.m. Eastern Time on the due date.                      officer subsequently determines that the              19(b)(1) of the Securities Exchange Act
                                                  Upon receipt of a transmission, the E-                  reason for granting the exemption from                of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                  Filing system time-stamps the document                  use of E-Filing no longer exists.                     thereunder,2 a proposed rule change
                                                  and sends the submitter an email notice                    Documents submitted in adjudicatory                that would permit the Exchange to
                                                  confirming receipt of the document. The                 proceedings will appear in the NRC’s                  suspend the requirement that non-
                                                  E-Filing system also distributes an email               electronic hearing docket which is                    electronic orders be systematized prior
                                                  notice that provides access to the                      available to the public at https://                   to representation on the trading floor
                                                  document to the NRC’s Office of the                     adams.nrc.gov/ehd, unless excluded                    when a fast market has been declared by
                                                  General Counsel and any others who                      pursuant to an order of the Commission                Floor Officials. The proposed rule
                                                  have advised the Office of the Secretary                or the presiding officer. If you do not               change was published for comment in
                                                  that they wish to participate in the                    have an NRC-issued digital ID certificate             the Federal Register on March 6, 2017.3
                                                  proceeding, so that the filer need not                  as described above, click cancel when                 The Commission has not yet received
                                                  serve the document on those                             the link requests certificates and you                any comment letters on the proposed
                                                  participants separately. Therefore,                     will be automatically directed to the                 rule change.
                                                  applicants and other participants (or                   NRC’s electronic hearing dockets where                   Section 19(b)(2) of the Act 4 provides
                                                  their counsel or representative) must                   you will be able to access any publicly               that, within 45 days of the publication
                                                  apply for and receive a digital ID                      available documents in a particular                   of notice of the filing of a proposed rule
                                                  certificate before adjudicatory                         hearing docket. Participants are                      change, or within such longer period up
                                                  documents are filed so that they can                    requested not to include personal                     to 90 days as the Commission may
                                                  obtain access to the documents via the                  privacy information, such as social                   designate if it finds such longer period
                                                  E-Filing system.                                        security numbers, home addresses, or                  to be appropriate and publishes its
                                                     A person filing electronically using                 personal phone numbers in their filings,              reasons for so finding or as to which the
                                                  the NRC’s adjudicatory E-Filing system                  unless an NRC regulation or other law                 self-regulatory organization consents,
                                                  may seek assistance by contacting the                   requires submission of such                           the Commission shall either approve the
                                                  NRC’s Electronic Filing Help Desk                       information. For example, in some                     proposed rule change, disapprove the
                                                  through the ‘‘Contact Us’’ link located                 instances, individuals provide home                   proposed rule change, or institute
                                                  on the NRC’s public Web site at http://                 addresses in order to demonstrate                     proceedings to determine whether the
                                                  www.nrc.gov/site-help/e-                                proximity to a facility or site. With                 proposed rule change should be
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                                                  submittals.html, by email to                            respect to copyrighted works, except for              disapproved. The 45th day after
                                                  MSHD.Resource@nrc.gov, or by a toll-                    limited excerpts that serve the purpose               publication of the notice for this
                                                  free call at 1–866–672–7640. The NRC                    of the adjudicatory filings and would                   1 15 U.S.C. 78s(b)(1).
                                                  Electronic Filing Help Desk is available                constitute a Fair Use application,                      2 17 CFR 240.19b–4.
                                                  between 9 a.m. and 6 p.m., Eastern                      participants are requested not to include               3 See Securities Exchange Act Release No. 80123
                                                  Time, Monday through Friday,                            copyrighted materials in their                        (Feb. 28, 2017), 82 FR 12667.
                                                  excluding government holidays.                          submission.                                             4 15 U.S.C. 78s(b)(2).




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Document Created: 2017-04-22 00:11:38
Document Modified: 2017-04-22 00:11:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense renewal application; opportunity to request a hearing and to petition for leave to intervene.
DatesA request for a hearing or petition for leave to intervene must be filed by June 23, 2017.
ContactChristopher Grossman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-0140, email: [email protected]
FR Citation82 FR 18939 

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