82_FR_21356 82 FR 21270 - Sacramento Municipal Utility District; Rancho Seco Independent Spent Fuel Storage Installation

82 FR 21270 - Sacramento Municipal Utility District; Rancho Seco Independent Spent Fuel Storage Installation

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 86 (May 5, 2017)

Page Range21270-21272
FR Document2017-09155

The U.S. Nuclear Regulatory Commission (NRC) has received a request from Sacramento Municipal Utility District (SMUD) to amend the license for the Rancho Seco Independent Spent Fuel Storage Installation (ISFSI) to allow the storage of byproduct nuclear material. The amendment would allow SMUD to use the byproduct nuclear material to check the functionality of radiation detection instruments. The NRC is evaluating whether approval of this request would be categorically excluded from the requirement to prepare an environmental assessment.

Federal Register, Volume 82 Issue 86 (Friday, May 5, 2017)
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Notices]
[Pages 21270-21272]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09155]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-11; NRC-2017-0110]


Sacramento Municipal Utility District; Rancho Seco Independent 
Spent Fuel Storage Installation

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
request from Sacramento Municipal Utility District (SMUD) to amend the 
license for the Rancho Seco Independent Spent Fuel Storage Installation 
(ISFSI) to allow the storage of byproduct nuclear material. The 
amendment would allow SMUD to use the byproduct nuclear material to 
check the functionality of radiation detection instruments. The NRC is 
evaluating whether approval of this request would be categorically 
excluded from the requirement to prepare an environmental assessment.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by July 5, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0110 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-2017-0110. 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

[[Page 21271]]

Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if that document is available in ADAMS) is 
provided the first time that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Chris Allen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6877; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received, by letter dated January 17, 2017, a request from 
SMUD to amend Materials License No. SNM-2510 (ADAMS Accession No. 
ML17026A433). License No. SNM-2510 authorizes the licensee to receive, 
possess, store, and transfer spent fuel and greater than Class C waste 
at Rancho Seco ISFSI. The amendment, if approved, would add a license 
condition to allow the storage of byproduct nuclear material at Rancho 
Seco ISFSI. The SMUD would use the byproduct nuclear material to check 
the functionality of radiation detection instruments.
    An NRC administrative completeness review, documented in a letter 
to SMUD dated March 17, 2017 (ADAMS Accession No. ML17074A011), found 
the application acceptable to begin a technical review. The NMSS has 
docketed this application under docket number 72-11. If the NRC 
approves the amendment, the approval will be documented in an amendment 
to NRC Materials License No. SNM-2510. However, before approving the 
proposed amendment, 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. These findings will be documented in a safety evaluation 
report. In the amendment request, SMUD asserted that the proposed 
amendment satisfies the categorical exclusion criteria of section 
51.22(c)(11) of title 10 of the Code of Federal Regulations (10 CFR). 
The NRC will evaluate this assertion and make findings consistent with 
the National Environmental Policy Act (NEPA) and 10 CFR part 51.

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 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 July 
5, 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 also have the 
opportunity to participate 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.

[[Page 21272]]

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 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-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 24th 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. 2017-09155 Filed 5-4-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                21270                             Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices

                                                disclosed in your comment submission.                   issue finality provisions of 10 CFR part                For the Nuclear Regulatory Commission.
                                                The NRC will post all comment                           52.                                                   Joseph Colaccino,
                                                submissions at http://                                     2. The NRC staff has no intentions to              Chief, New Reactor Rulemaking and
                                                www.regulations.gov as well as enter the                impose the SRP positions on current                   Guidance Branch, Division of Engineering
                                                comment submissions into ADAMS.                                                                               and Infrastructure, Office of New Reactors.
                                                                                                        licensees or already-issued regulatory
                                                The NRC does not routinely edit                                                                               [FR Doc. 2017–09068 Filed 5–4–17; 8:45 am]
                                                                                                        approvals either now or in the future.
                                                comment submissions to remove                                                                                 BILLING CODE 7590–01–P
                                                identifying or contact information.                        The NRC staff does not intend to
                                                  If you are requesting or aggregating                  impose or apply the positions described
                                                comments from other persons for                         in the draft SRP to existing (already                 NUCLEAR REGULATORY
                                                submission to the NRC, then you should                  issued) licenses and regulatory                       COMMISSION
                                                inform those persons not to include                     approvals. Hence, the issuance of a final
                                                identifying or contact information that                                                                       [Docket No. 72–11; NRC–2017–0110]
                                                                                                        SRP—even if considered guidance
                                                they do not want to be publicly                         which is within the purview of the issue              Sacramento Municipal Utility District;
                                                disclosed in their comment submission.                  finality provisions in 10 CFR part 52—                Rancho Seco Independent Spent Fuel
                                                Your request should state that the NRC                  need not be evaluated as if it were a                 Storage Installation
                                                does not routinely edit comment                         backfit or as being inconsistent with
                                                submissions to remove such information                  issue finality provisions. If, in the                 AGENCY:  Nuclear Regulatory
                                                before making the comment                               future, the NRC staff seeks to impose a               Commission.
                                                submissions available to the public or                  position in the SRP on holders of                     ACTION: License amendment application;
                                                entering the comment into ADAMS.                                                                              opportunity to request a hearing and to
                                                                                                        already issued licenses in a manner
                                                II. Further Information                                 which does not provide issue finality as              petition for leave to intervene.
                                                   The NRC seeks public comment on                      described in the applicable issue finality            SUMMARY:   The U.S. Nuclear Regulatory
                                                the proposed draft section revision of                  provision, then the NRC staff must make               Commission (NRC) has received a
                                                SRP Section 13.6.1. The changes to SRP                  the showing as set forth in the Backfit               request from Sacramento Municipal
                                                Chapter 13 reflect the current staff                    Rule or address the criteria for avoiding             Utility District (SMUD) to amend the
                                                reviews, methods and practices based                    issue finality as described in the                    license for the Rancho Seco
                                                on lessons learned from the NRC’s                       applicable issue finality provision.                  Independent Spent Fuel Storage
                                                reviews of design certification and                        3. Backfitting and issue finality do               Installation (ISFSI) to allow the storage
                                                combined license applications                           not—with limited exceptions not                       of byproduct nuclear material. The
                                                completed since the last revision of this               applicable here—protect current or                    amendment would allow SMUD to use
                                                chapter. The draft SRP section would                    future applicants.                                    the byproduct nuclear material to check
                                                also provide guidance for reviewing an                                                                        the functionality of radiation detection
                                                application for a combined license                         Applicants and potential applicants
                                                                                                                                                              instruments. The NRC is evaluating
                                                under part 52 of title 10 of the Code of                are not, with certain exceptions,                     whether approval of this request would
                                                Federal Regulations (10 CFR).                           protected by either the Backfit Rule or               be categorically excluded from the
                                                   Following NRC staff evaluation of                    any issue finality provisions under 10                requirement to prepare an
                                                public comments, the NRC intends to                     CFR part 52. This is because neither the              environmental assessment.
                                                incorporate the approved revisions into                 Backfit Rule nor the issue finality
                                                                                                                                                              DATES: A request for a hearing or
                                                the next revision of NUREG–0800. The                    provisions under 10 CFR part 52—with                  petition for leave to intervene must be
                                                SRP is guidance for the NRC staff. The                  certain exclusions discussed below—                   filed by July 5, 2017.
                                                SRP is not a substitute for the NRC                     were intended to apply to every NRC
                                                regulations, and compliance with the                                                                          ADDRESSES: Please refer to Docket ID
                                                                                                        action which substantially changes the
                                                SRP is not required.                                                                                          NRC–2017–0110 when contacting the
                                                                                                        expectations of current and future
                                                                                                                                                              NRC about the availability of
                                                III. Backfitting and Issue Finality                     applicants.                                           information regarding this document.
                                                   Issuance of this draft SRP section, if                  The exceptions to the general                      You may obtain publicly-available
                                                finalized, would not constitute                         principle are applicable whenever an                  information related to this document
                                                backfitting as defined in 10 CFR 50.109                 applicant references a 10 CFR part 52                 using any of the following methods:
                                                of 10 CFR, (the Backfit Rule) or                        license (e.g., an early site permit) and/                • Federal Rulemaking Web site: Go to
                                                otherwise be inconsistent with the issue                or NRC regulatory approval (e.g., a                   http://www.regulations.gov and search
                                                finality provisions in 10 CFR part 52.                  design certification rule) with specified             for Docket ID NRC–2017–0110. Address
                                                The NRC’s position is based upon the                    issue finality provisions. The NRC staff              questions about NRC dockets to Carol
                                                following considerations.                               does not, at this time, intend to impose              Gallagher; telephone: 301–415–3463;
                                                   1. The draft SRP positions, if                       the positions represented in the draft                email: Carol.Gallagher@nrc.gov. For
                                                finalized, would not constitute                         SRP in a manner that is inconsistent                  technical questions, contact the
                                                backfitting, inasmuch as the SRP is                     with any issue finality provisions. If, in            individual listed in the FOR FURTHER
                                                internal guidance to NRC staff directed                 the future, the NRC staff seeks to impose             INFORMATION CONTACT section of this
                                                at the NRC staff with respect to their                  a position in the draft SRP in a manner               document.
                                                regulatory responsibilities.                                                                                     • NRC’s Agencywide Documents
SRADOVICH on DSK3GMQ082PROD with NOTICES




                                                                                                        which does not provide issue finality as
                                                   The SRP provides guidance to the                                                                           Access and Management System
                                                                                                        described in the applicable issue finality
                                                NRC staff on how to review an                                                                                 (ADAMS): You may obtain publicly-
                                                                                                        provisions, then the NRC staff must
                                                application for NRC regulatory approval                                                                       available documents online in the
                                                in the form of licensing. Changes in                    address the criteria for avoiding issue               ADAMS Public Documents collection at
                                                internal staff guidance are not matters                 finality provisions.                                  http://www.nrc.gov/reading-rm/
                                                for which either nuclear power plant                                                                          adams.html. To begin the search, select
                                                applicants or licensees are protected                     Dated at Rockville, Maryland, this 1st day          ‘‘ADAMS Public Documents’’ and then
                                                under either the Backfit Rule or the                    of May, 2017.                                         select ‘‘Begin Web-based ADAMS


                                           VerDate Sep<11>2014   17:43 May 04, 2017   Jkt 241001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1


                                                                                  Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices                                            21271

                                                Search.’’ For problems with ADAMS,                      II. Opportunity To Request a Hearing                  petitioner to relief. A petitioner who
                                                please contact the NRC’s Public                         and Petition for Leave To Intervene                   fails to satisfy the requirements at 10
                                                Document Room (PDR) reference staff at                     Within 60 days after the date of                   CFR 2.309(f) with respect to at least one
                                                1–800–397–4209, 301–415–4737, or by                     publication of this notice, any persons               contention will not be permitted to
                                                email to pdr.resource@nrc.gov. The                      (petitioner) whose interest may be                    participate as a party.
                                                ADAMS accession number for each                                                                                  Those permitted to intervene become
                                                                                                        affected by this action may file a request
                                                document referenced (if that document                                                                         parties to the proceeding, subject to any
                                                                                                        for a hearing and petition for leave to
                                                is available in ADAMS) is provided the                                                                        limitations in the order granting leave to
                                                                                                        intervene (petition) with respect to the
                                                first time that a document is referenced.                                                                     intervene. Parties have the opportunity
                                                                                                        action. Petitions shall be filed in
                                                   • NRC’s PDR: You may examine and                                                                           to participate fully in the conduct of the
                                                                                                        accordance with the Commission’s
                                                purchase copies of public documents at                                                                        hearing with respect to resolution of
                                                                                                        ‘‘Agency Rules of Practice and
                                                the NRC’s PDR, Room O1–F21, One                                                                               that party’s admitted contentions,
                                                                                                        Procedure’’ in 10 CFR part 2. Interested
                                                White Flint North, 11555 Rockville                                                                            including the opportunity to present
                                                                                                        persons should consult a current copy
                                                Pike, Rockville, Maryland 20852.                                                                              evidence, consistent with the NRC’s
                                                                                                        of 10 CFR 2.309. The NRC’s regulations
                                                                                                                                                              regulations, policies, and procedures.
                                                FOR FURTHER INFORMATION CONTACT:                        are accessible electronically from the                   Petitions must be filed no later than
                                                Chris Allen, Office of Nuclear Material                 NRC Library on the NRC’s Web site at                  60 days from the date of publication of
                                                Safety and Safeguards, U.S. Nuclear                     http://www.nrc.gov/reading-rm/doc-                    this notice. Petitions and motions for
                                                Regulatory Commission, Washington,                      collections/cfr/. Alternatively, a copy of            leave to file new or amended
                                                DC 20555–0001; telephone: 301–415–                      the regulations is available at the NRC’s             contentions that are filed after the
                                                6877; email: William.Allen@nrc.gov.                     Public Document Room, located at One                  deadline will not be entertained absent
                                                                                                        White Flint North, Room O1–F21, 11555                 a determination by the presiding officer
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        Rockville Pike (first floor), Rockville,              that the filing demonstrates good cause
                                                I. Introduction                                         Maryland 20852. If a petition is filed,               by satisfying the three factors in 10 CFR
                                                                                                        the Commission or a presiding officer                 2.309(c)(1)(i) through (iii). The petition
                                                   The NRC received, by letter dated                    will rule on the petition and, if
                                                January 17, 2017, a request from SMUD                                                                         must be filed in accordance with the
                                                                                                        appropriate, a notice of a hearing will be            filing instructions in the ‘‘Electronic
                                                to amend Materials License No. SNM–                     issued.
                                                2510 (ADAMS Accession No.                                                                                     Submissions (E-Filing)’’ section of this
                                                                                                           As required by 10 CFR 2.309(d) the                 document.
                                                ML17026A433). License No. SNM–2510                      petition should specifically explain the                 A State, local governmental body,
                                                authorizes the licensee to receive,                     reasons why intervention should be                    federally-recognized Indian Tribe, or
                                                possess, store, and transfer spent fuel                 permitted with particular reference to                agency thereof, may submit a petition to
                                                and greater than Class C waste at                       the following general requirements for                the Commission to participate as a party
                                                Rancho Seco ISFSI. The amendment, if                    standing: (1) The name, address, and                  under 10 CFR 2.309(h)(1). The petition
                                                approved, would add a license                           telephone number of the petitioner; (2)               should state the nature and extent of the
                                                condition to allow the storage of                       the nature of the petitioner’s right under            petitioner’s interest in the proceeding.
                                                byproduct nuclear material at Rancho                    the Act to be made a party to the                     The petition should be submitted to the
                                                Seco ISFSI. The SMUD would use the                      proceeding; (3) the nature and extent of              Commission by July 5, 2017. The
                                                byproduct nuclear material to check the                 the petitioner’s property, financial, or              petition must be filed in accordance
                                                functionality of radiation detection                    other interest in the proceeding; and (4)             with the filing instructions in the
                                                instruments.                                            the possible effect of any decision or                ‘‘Electronic Submissions (E-Filing)’’
                                                   An NRC administrative completeness                   order which may be entered in the                     section of this document, and should
                                                review, documented in a letter to SMUD                  proceeding on the petitioner’s interest.              meet the requirements for petitions set
                                                dated March 17, 2017 (ADAMS                                In accordance with 10 CFR 2.309(f),                forth in this section. Alternatively, a
                                                Accession No. ML17074A011), found                       the petition must also set forth the                  State, local governmental body,
                                                the application acceptable to begin a                   specific contentions which the                        Federally-recognized Indian Tribe, or
                                                technical review. The NMSS has                          petitioner seeks to have litigated in the             agency thereof may also have the
                                                docketed this application under docket                  proceeding. Each contention must                      opportunity to participate under 10 CFR
                                                number 72–11. If the NRC approves the                   consist of a specific statement of the                2.315(c).
                                                amendment, the approval will be                         issue of law or fact to be raised or                     If a hearing is granted, any person
                                                documented in an amendment to NRC                       controverted. In addition, the petitioner             who is not a party to the proceeding and
                                                Materials License No. SNM–2510.                         must provide a brief explanation of the               is not affiliated with or represented by
                                                However, before approving the                           bases for the contention and a concise                a party may, at the discretion of the
                                                proposed amendment, the NRC will                        statement of the alleged facts or expert              presiding officer, be permitted to make
                                                need to make the findings required by                   opinion which support the contention                  a limited appearance pursuant to the
                                                the Atomic Energy Act of 1954, as                       and on which the petitioner intends to                provisions of 10 CFR 2.315(a). A person
                                                amended (the Act), and the NRC’s                        rely in proving the contention at the                 making a limited appearance may make
                                                regulations. These findings will be                     hearing. The petitioner must also                     an oral or written statement of his or her
                                                documented in a safety evaluation                       provide references to the specific                    position on the issues but may not
                                                report. In the amendment request,                       sources and documents on which the                    otherwise participate in the proceeding.
                                                SMUD asserted that the proposed                         petitioner intends to rely to support its             A limited appearance may be made at
SRADOVICH on DSK3GMQ082PROD with NOTICES




                                                amendment satisfies the categorical                     position on the issue. The petition must              any session of the hearing or at any
                                                exclusion criteria of section 51.22(c)(11)              include sufficient information to show                prehearing conference, subject to the
                                                of title 10 of the Code of Federal                      that a genuine dispute exists with the                limits and conditions as may be
                                                Regulations (10 CFR). The NRC will                      applicant or licensee on a material issue             imposed by the presiding officer. Details
                                                evaluate this assertion and make                        of law or fact. Contentions must be                   regarding the opportunity to make a
                                                findings consistent with the National                   limited to matters within the scope of                limited appearance will be provided by
                                                Environmental Policy Act (NEPA) and                     the proceeding. The contention must be                the presiding officer if such sessions are
                                                10 CFR part 51.                                         one which, if proven, would entitle the               scheduled.


                                           VerDate Sep<11>2014   17:43 May 04, 2017   Jkt 241001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1


                                                21272                             Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Notices

                                                III. Electronic Submissions (E-Filing)                  the document is submitted through the                 granted an exemption request from
                                                   All documents filed in NRC                           NRC’s E-Filing system. To be timely, an               using E-Filing, may require a participant
                                                adjudicatory proceedings, including a                   electronic filing must be submitted to                or party to use E-Filing if the presiding
                                                request for hearing and petition for                    the E-Filing system no later than 11:59               officer subsequently determines that the
                                                leave to intervene (petition), any motion               p.m. Eastern Time on the due date.                    reason for granting the exemption from
                                                or other document filed in the                          Upon receipt of a transmission, the E-                use of E-Filing no longer exists.
                                                proceeding prior to the submission of a                 Filing system time-stamps the document
                                                                                                        and sends the submitter an email notice                 Documents submitted in adjudicatory
                                                request for hearing or petition to                                                                            proceedings will appear in the NRC’s
                                                intervene, and documents filed by                       confirming receipt of the document. The
                                                                                                        E-Filing system also distributes an email             electronic hearing docket which is
                                                interested governmental entities that                                                                         available to the public at https://
                                                request to participate under 10 CFR                     notice that provides access to the
                                                                                                        document to the NRC’s Office of the                   adams.nrc.gov/ehd, unless excluded
                                                2.315(c), must be filed in accordance                                                                         pursuant to an order of the Commission
                                                                                                        General Counsel and any others who
                                                with the NRC’s E-Filing rule (72 FR                                                                           or the presiding officer. If you do not
                                                                                                        have advised the Office of the Secretary
                                                49139; August 28, 2007, as amended at
                                                                                                        that they wish to participate in the                  have an NRC-issued digital ID certificate
                                                77 FR 46562, August 3, 2012). The E-
                                                                                                        proceeding, so that the filer need not                as described above, click cancel when
                                                Filing process requires participants to
                                                                                                        serve the document on those                           the link requests certificates and you
                                                submit and serve all adjudicatory
                                                                                                        participants separately. Therefore,                   will be automatically directed to the
                                                documents over the internet, or in some
                                                                                                        applicants and other participants (or                 NRC’s electronic hearing dockets where
                                                cases to mail copies on electronic
                                                                                                        their counsel or representative) must                 you will be able to access any publicly
                                                storage media. Detailed guidance on
                                                                                                        apply for and receive a digital ID                    available documents in a particular
                                                making electronic submissions may be
                                                                                                        certificate before adjudicatory                       hearing docket. Participants are
                                                found in the Guidance for Electronic                    documents are filed so that they can
                                                Submissions to the NRC and on the NRC                                                                         requested not to include personal
                                                                                                        obtain access to the documents via the                privacy information, such as social
                                                Web site at http://www.nrc.gov/site-                    E-Filing system.
                                                help/e-submittals.html. Participants                                                                          security numbers, home addresses, or
                                                                                                           A person filing electronically using
                                                may not submit paper copies of their                    the NRC’s adjudicatory E-Filing system                personal phone numbers in their filings,
                                                filings unless they seek an exemption in                may seek assistance by contacting the                 unless an NRC regulation or other law
                                                accordance with the procedures                          NRC’s Electronic Filing Help Desk                     requires submission of such
                                                described below.                                        through the ‘‘Contact Us’’ link located               information. For example, in some
                                                   To comply with the procedural                        on the NRC’s public Web site at http://               instances, individuals provide home
                                                requirements of E-Filing, at least 10                   www.nrc.gov/site-help/e-                              addresses in order to demonstrate
                                                days prior to the filing deadline, the                  submittals.html, by email to                          proximity to a facility or site. With
                                                participant should contact the Office of                MSHD.Resource@nrc.gov, or by a toll-                  respect to copyrighted works, except for
                                                the Secretary by email at                               free call at 1–866–672–7640. The NRC                  limited excerpts that serve the purpose
                                                hearing.docket@nrc.gov, or by telephone                 Electronic Filing Help Desk is available              of the adjudicatory filings and would
                                                at 301–415–1677, to (1) request a digital               between 9 a.m. and 6 p.m., Eastern                    constitute a Fair Use application,
                                                identification (ID) certificate, which                  Time, Monday through Friday,                          participants are requested not to include
                                                allows the participant (or its counsel or               excluding government holidays.                        copyrighted materials in their
                                                representative) to digitally sign                          Participants who believe that they                 submission.
                                                submissions and access the E-Filing                     have a good cause for not submitting
                                                system for any proceeding in which it                   documents electronically must file an                    Dated at Rockville, Maryland, this 24th day
                                                is participating; and (2) advise the                    exemption request, in accordance with                 of April, 2017.
                                                Secretary that the participant will be                  10 CFR 2.302(g), with their initial paper                For the Nuclear Regulatory Commission.
                                                submitting a petition or other                          filing stating why there is good cause for            John McKirgan,
                                                adjudicatory document (even in                          not filing electronically and requesting              Chief, Spent Fuel Licensing Branch, Division
                                                instances in which the participant, or its              authorization to continue to submit                   of Spent Fuel Management, Office of Nuclear
                                                counsel or representative, already holds                documents in paper format. Such filings               Material Safety, and Safeguards.
                                                an NRC-issued digital ID certificate).                  must be submitted by: (1) First class                 [FR Doc. 2017–09155 Filed 5–4–17; 8:45 am]
                                                Based upon this information, the                        mail addressed to the Office of the
                                                                                                                                                              BILLING CODE 7590–01–P
                                                Secretary will establish an electronic                  Secretary of the Commission, U.S.
                                                docket for the hearing in this proceeding               Nuclear Regulatory Commission,
                                                if the Secretary has not already                        Washington, DC 20555–0001, Attention:                 NUCLEAR REGULATORY
                                                established an electronic docket.                       Rulemaking and Adjudications Staff; or
                                                   Information about applying for a                                                                           COMMISSION
                                                                                                        (2) courier, express mail, or expedited
                                                digital ID certificate is available on the              delivery service to the Office of the
                                                NRC’s public Web site at http://                        Secretary, 11555 Rockville Pike,                      [NRC–2017–0001]
                                                www.nrc.gov/site-help/e-submittals/                     Rockville, Maryland, 20852, Attention:
                                                getting-started.html. Once a participant                Rulemaking and Adjudications Staff.                   Sunshine Act Meeting Notice
                                                has obtained a digital ID certificate and               Participants filing adjudicatory
                                                a docket has been created, the                          documents in this manner are                          DATE:  Weeks of May 8, 15, 22, 29, June
SRADOVICH on DSK3GMQ082PROD with NOTICES




                                                participant can then submit                             responsible for serving the document on               5, 12, 2017.
                                                adjudicatory documents. Submissions                     all other participants. Filing is                     PLACE:Commissioners’ Conference
                                                must be in Portable Document Format                     considered complete by first-class mail               Room, 11555 Rockville Pike, Rockville,
                                                (PDF). Additional guidance on PDF                       as of the time of deposit in the mail, or             Maryland.
                                                submissions is available on the NRC’s                   by courier, express mail, or expedited
                                                public Web site at http://www.nrc.gov/                  delivery service upon depositing the                  STATUS:   Public and Closed.
                                                site-help/electronic-sub-ref-mat.html. A                document with the provider of the
                                                filing is considered complete at the time               service. A presiding officer, having


                                           VerDate Sep<11>2014   17:43 May 04, 2017   Jkt 241001   PO 00000   Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1



Document Created: 2018-11-08 08:39:43
Document Modified: 2018-11-08 08:39:43
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 amendment 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 July 5, 2017.
ContactChris Allen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6877; email: [email protected]
FR Citation82 FR 21270 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR