82 FR 26815 - U.S. Department of Energy Idaho Operations Office; Three Mile Island Unit 2 Independent Spent Fuel Storage Installation; Renewal of Special Nuclear Materials License

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 110 (June 9, 2017)

Page Range		26815-26817
FR Document		2017-12022

The U.S. Nuclear Regulatory Commission (NRC) has received and is considering an application for the renewal of special nuclear materials (SNM) License No. SNM-2508, which currently authorizes the U.S. Department of Energy Idaho Operations Office (DOE-ID) to receive, possess, transfer, and store radioactive material from the Three Mile Island Unit 2 (TMI-2) reactor core in the TMI-2 independent spent fuel storage installation (ISFSI). The renewed license would authorize DOE- ID to continue to store the radioactive material in the TMI-2 ISFSI for an additional 20 years from March 19, 2019, the expiration date of the original license.

Federal Register, Volume 82 Issue 110 (Friday, June 9, 2017)

[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Pages 26815-26817]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-12022]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-20; NRC-2017-0136]

U.S. Department of Energy Idaho Operations Office; Three Mile
Island Unit 2 Independent Spent Fuel Storage Installation; Renewal of
Special Nuclear Materials License

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received and
is considering an application for the renewal of special nuclear
materials (SNM) License No. SNM-2508, which currently authorizes the
U.S. Department of Energy Idaho Operations Office (DOE-ID) to receive,
possess, transfer, and store radioactive material from the Three Mile
Island Unit 2 (TMI-2) reactor core in the TMI-2 independent spent fuel
storage installation (ISFSI). The renewed license would authorize DOE-
ID to continue to store the radioactive material in the TMI-2 ISFSI for
an additional 20 years from March 19, 2019, the expiration date of the
original license.

DATES: A request for a hearing or petition for leave to intervene must
be filed by August 8, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0136 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-2017-0136. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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 pdr.resource@nrc.gov. 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: Kristina Banovac, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: (301) 415-7116; email:
Kristina.Banovac@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC has received, by letter dated March 6, 2017, an application
from DOE-ID for renewal of SNM License No. SNM-2508 for the TMI-2 ISFSI
for an additional 20 years (ADAMS Accession Nos. ML17075A198 and
ML17089A501). The license authorizes DOE-ID to receive, possess,
transfer, and store radioactive material from the TMI-2 reactor core at
the TMI-2 ISFSI, located at the Idaho National Laboratory within the
perimeter of the Idaho Nuclear Technology and Engineering Center site
in Scoville, Idaho. This license renewal, if approved, would authorize
DOE-ID to continue to store radioactive material from the TMI-2 reactor
core at the TMI-2 ISFSI, under the provisions of part 72 of title 10 of
the Code of Federal Regulations (10 CFR), ``Licensing Requirements for
the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive
Waste, and Reactor-Related Greater Than Class C Waste.'' No additional
radioactive material will be added to the ISFSI under the license
renewal, if approved.
Following an NRC administrative completeness review, documented in
a letter to DOE-ID dated May 5, 2017 (ADAMS Accession No. ML17125A284),
the NRC has determined that the renewal application contains sufficient
information for the NRC to begin its technical review and the
application is acceptable for docketing. The application has been
docketed in Docket No. 72-20, the existing docket for SNM License No.
SNM-2508. If the NRC approves the renewal application, the approval
will be documented in the renewal of SNM License No. SNM-2508. The NRC
will approve the license renewal application if it determines that the
application meets the standards and requirements of 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. The NRC will
complete an environmental evaluation, in accordance with 10 CFR part
51, to determine if the preparation of an environmental impact
statement is warranted or if an environmental assessment and finding of
no significant impact are appropriate. This action will be the subject
of a subsequent notice in the Federal Register.

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

Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be 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

[[Page 26816]]

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
August 8, 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 hearing.docket@nrc.gov, 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 MSHD.Resource@nrc.gov, 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

[[Page 26817]]

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 2nd day of June 2017.

For the Nuclear Regulatory Commission.
Michael C. Layton,
Director, Division of Spent Fuel Management, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2017-12022 Filed 6-8-17; 8:45 am]
BILLING CODE 7590-01-P

26816 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices

specific contentions which the Federally-recognized Indian Tribe, or instances in which the participant, or its
petitioner seeks to have litigated in the agency thereof may participate as a non- counsel or representative, already holds
proceeding. Each contention must party under 10 CFR 2.315(c). an NRC-issued digital ID certificate).
consist of a specific statement of the If a hearing is granted, any person Based upon this information, the
issue of law or fact to be raised or who is not a party to the proceeding and Secretary will establish an electronic
controverted. In addition, the petitioner is not affiliated with or represented by docket for the hearing in this proceeding
must provide a brief explanation of the a party may, at the discretion of the if the Secretary has not already
bases for the contention and a concise presiding officer, be permitted to make established an electronic docket.
statement of the alleged facts or expert a limited appearance pursuant to the Information about applying for a
opinion which support the contention provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the
and on which the petitioner intends to making a limited appearance may make NRC’s public Web site at http://
rely in proving the contention at the an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/
hearing. The petitioner must also position on the issues but may not getting-started.html. Once a participant
provide references to the specific otherwise participate in the proceeding. has obtained a digital ID certificate and
sources and documents on which the A limited appearance may be made at a docket has been created, the
petitioner intends to rely to support its any session of the hearing or at any participant can then submit
position on the issue. The petition must prehearing conference, subject to the adjudicatory documents. Submissions
include sufficient information to show limits and conditions as may be must be in Portable Document Format
that a genuine dispute exists with the imposed by the presiding officer. Details (PDF). Additional guidance on PDF
applicant or licensee on a material issue regarding the opportunity to make a submissions is available on the NRC’s
of law or fact. Contentions must be limited appearance will be provided by public Web site at http://www.nrc.gov/
limited to matters within the scope of the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A
the proceeding. The contention must be scheduled. filing is considered complete at the time
one which, if proven, would entitle the the document is submitted through the
III. Electronic Submissions (E-Filing)
petitioner to relief. A petitioner who NRC’s E-Filing system. To be timely, an
fails to satisfy the requirements at 10 All documents filed in NRC electronic filing must be submitted to
CFR 2.309(f) with respect to at least one adjudicatory proceedings, including a the E-Filing system no later than 11:59
contention will not be permitted to request for hearing and petition for p.m. Eastern Time on the due date.
participate as a party. leave to intervene (petition), any motion Upon receipt of a transmission, the E-
Those permitted to intervene become or other document filed in the Filing system time-stamps the document
parties to the proceeding, subject to any proceeding prior to the submission of a and sends the submitter an email notice
limitations in the order granting leave to request for hearing or petition to confirming receipt of the document. The
intervene. Parties have the opportunity intervene, and documents filed by E-Filing system also distributes an email
to participate fully in the conduct of the interested governmental entities that notice that provides access to the
hearing with respect to resolution of request to participate under 10 CFR document to the NRC’s Office of the
that party’s admitted contentions, 2.315(c), must be filed in accordance General Counsel and any others who
including the opportunity to present with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary
evidence, consistent with the NRC’s 49139; August 28, 2007, as amended at that they wish to participate in the
regulations, policies, and procedures. 77 FR 46562, August 3, 2012). The E- proceeding, so that the filer need not
Petitions must be filed no later than Filing process requires participants to serve the document on those
60 days from the date of publication of submit and serve all adjudicatory participants separately. Therefore,
this notice. Petitions and motions for documents over the internet, or in some applicants and other participants (or
leave to file new or amended cases to mail copies on electronic their counsel or representative) must
contentions that are filed after the storage media. Detailed guidance on apply for and receive a digital ID
deadline will not be entertained absent making electronic submissions may be certificate before adjudicatory
a determination by the presiding officer found in the Guidance for Electronic documents are filed so that they can
that the filing demonstrates good cause Submissions to the NRC and on the obtain access to the documents via the
by satisfying the three factors in 10 CFR NRC’s Web site at http://www.nrc.gov/ E-Filing system.
2.309(c)(1)(i) through (iii). The petition site-help/e-submittals.html. Participants A person filing electronically using
must be filed in accordance with the may not submit paper copies of their the NRC’s adjudicatory E-Filing system
filing instructions in the ‘‘Electronic filings unless they seek an exemption in may seek assistance by contacting the
Submissions (E-Filing)’’ section of this accordance with the procedures NRC’s Electronic Filing Help Desk
document. described below. through the ‘‘Contact Us’’ link located
A State, local governmental body, To comply with the procedural on the NRC’s public Web site at http://
Federally-recognized Indian Tribe, or requirements of E-Filing, at least 10 www.nrc.gov/site-help/e-
agency thereof, may submit a petition to days prior to the filing deadline, the submittals.html, by email to
the Commission to participate as a party participant should contact the Office of MSHD.Resource@nrc.gov, or by a toll-
under 10 CFR 2.309(h)(1). The petition the Secretary by email at free call at 1–866–672–7640. The NRC
should state the nature and extent of the hearing.docket@nrc.gov, or by telephone Electronic Filing Help Desk is available
petitioner’s interest in the proceeding. at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern
The petition should be submitted to the identification (ID) certificate, which Time, Monday through Friday,
Commission by August 8, 2017. The allows the participant (or its counsel or excluding government holidays.
mstockstill on DSK30JT082PROD with NOTICES

petition must be filed in accordance representative) to digitally sign Participants who believe that they
with the filing instructions in the submissions and access the E-Filing have a good cause for not submitting
‘‘Electronic Submissions (E-Filing)’’ system for any proceeding in which it documents electronically must file an
section of this document, and should is participating; and (2) advise the exemption request, in accordance with
meet the requirements for petitions set Secretary that the participant will be 10 CFR 2.302(g), with their initial paper
forth in this section. Alternatively, a submitting a petition or other filing stating why there is good cause for
State, local governmental body, adjudicatory document (even in not filing electronically and requesting

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License renewal application; receipt; opportunity to request a hearing and to petition for leave to intervene.
Dates		A request for a hearing or petition for leave to intervene must be filed by August 8, 2017.
Contact		Kristina Banovac, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: (301) 415-7116; email: [email protected]
FR Citation		82 FR 26815