82_FR_29710 82 FR 29586 - AREVA, Inc.; Consideration of Approval of Transfer of License

82 FR 29586 - AREVA, Inc.; Consideration of Approval of Transfer of License

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range29586-29588
FR Document2017-13646

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by AREVA, Inc. on April 14, 2017. The application seeks NRC approval of the indirect transfer of Material License SNM-1227; Import License IW009; and Export Licenses XSNM3471, XSNM3551, XSNM3697, XSNM3747, XSOU8833, and XCOM1202, for the Richland, Washington Fuel Manufacturing Facility from AREVA SA, the current parent company of the license holder, to Electricite de France SA (EDF).

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29586-29588]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13646]



[[Page 29586]]

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

NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1257; NRC-2017-0148]


AREVA, Inc.; Consideration of Approval of Transfer of License

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for indirect transfer of license; opportunity to 
comment, request a hearing, and petition for leave to intervene.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an application filed by AREVA, Inc. on April 
14, 2017. The application seeks NRC approval of the indirect transfer 
of Material License SNM-1227; Import License IW009; and Export Licenses 
XSNM3471, XSNM3551, XSNM3697, XSNM3747, XSOU8833, and XCOM1202, for the 
Richland, Washington Fuel Manufacturing Facility from AREVA SA, the 
current parent company of the license holder, to Electricite de France 
SA (EDF).

DATES: Comments must be filed by July 31, 2017. A request for a hearing 
must be filed by July 19, 2017.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0148. 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.
     Email comments to: Hearingdocket@nrc.gov. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
     Fax comments to: Secretary, Nuclear Regulatory Commission 
at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kevin Ramsey, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-7506, email: 
Kevin.Ramsey@nrc.gov, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0148 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0148.
     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 
``AREVA Internal Reorganization and Indirect Transfer to EDF: Request 
for NRC Consent to License Transfers'' is available in ADAMS under 
Accession No. ML17108A259.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2017-0148 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering the issuance of an order under Sec.  70.36 
of title 10 of the Code of Federal Regulations (10 CFR) approving the 
indirect transfer of control of the AREVA Richland Fuel Fabrication 
Facility, Material License SNM-1227; Import License IW009; and Export 
Licenses XSNM3471, XSNM3551, XSNM3697, XSNM3747, XSOU8833, and 
XCOM1202, from AREVA SA, the current parent company of the license 
holder, to Electricite de France SA (EDF).
    According to the application for approval filed by AREVA, Inc., the 
transaction will result in a transfer of controlling interest in AREVA 
SA's nuclear power business from its current parent company (AREVA SA) 
to EDF. AREVA, Inc., which is a North American subsidiary of AREVA SA, 
will continue to operate the facility and hold the licenses.
    No physical changes to the Richland Fuel Fabrication Facility or 
operational changes are being proposed in the application.
    The NRC's regulations at 10 CFR 70.36 state that no license, or any 
right thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the license, unless the Commission, after 
securing full information, finds that the transfer is in accordance 
with the provisions of the Atomic Energy Act and gives its consent in 
writing. The Commission will approve an application for the indirect 
transfer of a license if the Commission determines that the proposed 
transfer of controlling interest will not affect the qualifications of 
the licensee to hold the license, and that the licensee has provided 
the financial assurance for decommissioning required by 10 CFR 70.25.

III. Opportunity To Comment

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted as described in the ADDRESSES section of this document.

[[Page 29587]]

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

    Within 20 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 20 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 no later 
than 20 days from the date of publication of this notice. 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.

V. 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 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

[[Page 29588]]

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 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. The 
Commission will issue a notice or order granting or denying a hearing 
request or intervention petition, designating the issues for any 
hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    For further details with respect to this application, see the 
application dated April 14, 2017, ADAMS Accession No. ML17108A259.

    Dated at Rockville, Maryland, this 21st day of June 2017.

    For the Nuclear Regulatory Commission.
Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards, and Environmental 
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-13646 Filed 6-28-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                29586                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                NUCLEAR REGULATORY                                      SUPPLEMENTARY INFORMATION                section of     disclosed in their comment submission.
                                                COMMISSION                                              this document.                                          Your request should state that the NRC
                                                                                                        FOR FURTHER INFORMATION CONTACT:                        does not routinely edit comment
                                                [Docket No. 70–1257; NRC–2017–0148]
                                                                                                        Kevin Ramsey, Office of Nuclear                         submissions to remove such information
                                                AREVA, Inc.; Consideration of                           Material Safety and Safeguards,                         before making the comment
                                                Approval of Transfer of License                         telephone: 301–415–7506, email:                         submissions available to the public or
                                                                                                        Kevin.Ramsey@nrc.gov, U.S. Nuclear                      entering the comment into ADAMS.
                                                AGENCY:  Nuclear Regulatory                             Regulatory Commission, Washington DC
                                                Commission.                                                                                                     II. Introduction
                                                                                                        20555–0001.
                                                ACTION: Application for indirect transfer               SUPPLEMENTARY INFORMATION:                                 The NRC is considering the issuance
                                                of license; opportunity to comment,                                                                             of an order under § 70.36 of title 10 of
                                                request a hearing, and petition for leave               I. Obtaining Information and                            the Code of Federal Regulations (10
                                                to intervene.                                           Submitting Comments                                     CFR) approving the indirect transfer of
                                                                                                        A. Obtaining Information                                control of the AREVA Richland Fuel
                                                SUMMARY:   The U.S. Nuclear Regulatory                                                                          Fabrication Facility, Material License
                                                Commission (NRC) received and is                           Please refer to Docket ID NRC–2017–                  SNM–1227; Import License IW009; and
                                                considering approval of an application                  0148 when contacting the NRC about                      Export Licenses XSNM3471,
                                                filed by AREVA, Inc. on April 14, 2017.                 the availability of information for this                XSNM3551, XSNM3697, XSNM3747,
                                                The application seeks NRC approval of                   action. You may obtain publicly-                        XSOU8833, and XCOM1202, from
                                                the indirect transfer of Material License               available information related to this                   AREVA SA, the current parent company
                                                SNM–1227; Import License IW009; and                     action by any of the following methods:                 of the license holder, to Electricite de
                                                Export Licenses XSNM3471,                                  • Federal rulemaking Web site: Go to                 France SA (EDF).
                                                XSNM3551, XSNM3697, XSNM3747,                           http://www.regulations.gov and search
                                                                                                                                                                   According to the application for
                                                XSOU8833, and XCOM1202, for the                         for Docket ID NRC–2017–0148.
                                                                                                           • NRC’s Agencywide Documents                         approval filed by AREVA, Inc., the
                                                Richland, Washington Fuel                                                                                       transaction will result in a transfer of
                                                Manufacturing Facility from AREVA                       Access and Management System
                                                                                                        (ADAMS): You may obtain publicly-                       controlling interest in AREVA SA’s
                                                SA, the current parent company of the                                                                           nuclear power business from its current
                                                license holder, to Electricite de France                available documents online in the
                                                                                                        ADAMS Public Documents collection at                    parent company (AREVA SA) to EDF.
                                                SA (EDF).                                                                                                       AREVA, Inc., which is a North
                                                                                                        http://www.nrc.gov/reading-rm/
                                                DATES: Comments must be filed by July                                                                           American subsidiary of AREVA SA, will
                                                                                                        adams.html. To begin the search, select
                                                31, 2017. A request for a hearing must                                                                          continue to operate the facility and hold
                                                                                                        ‘‘ADAMS Public Documents’’ and then
                                                be filed by July 19, 2017.                                                                                      the licenses.
                                                                                                        select ‘‘Begin Web-based ADAMS
                                                ADDRESSES: You may submit comments                      Search.’’ For problems with ADAMS,                         No physical changes to the Richland
                                                by any of the following methods (unless                 please contact the NRC’s Public                         Fuel Fabrication Facility or operational
                                                this document describes a different                     Document Room (PDR) reference staff at                  changes are being proposed in the
                                                method for submitting comments on a                     1–800–397–4209, 301–415–4737, or by                     application.
                                                specific subject):                                      email to pdr.resource@nrc.gov. The                         The NRC’s regulations at 10 CFR
                                                   • Federal Rulemaking Web site: Go to                 ‘‘AREVA Internal Reorganization and                     70.36 state that no license, or any right
                                                http://www.regulations.gov and search                   Indirect Transfer to EDF: Request for                   thereunder, shall be transferred, directly
                                                for Docket ID NRC–2017–0148. Address                    NRC Consent to License Transfers’’ is                   or indirectly, through transfer of control
                                                questions about NRC dockets to Carol                    available in ADAMS under Accession                      of the license, unless the Commission,
                                                Gallagher; telephone: 301–415–3463;                     No. ML17108A259.                                        after securing full information, finds
                                                email: Carol.Gallagher@nrc.gov. For                        • NRC’s PDR: You may examine and                     that the transfer is in accordance with
                                                technical questions contact the                         purchase copies of public documents at                  the provisions of the Atomic Energy Act
                                                individual listed in the FOR FURTHER                    the NRC’s PDR, Room O1–F21, One                         and gives its consent in writing. The
                                                INFORMATION CONTACT section of this                     White Flint North, 11555 Rockville                      Commission will approve an
                                                document.                                               Pike, Rockville, Maryland 20852.                        application for the indirect transfer of a
                                                   • Email comments to:                                                                                         license if the Commission determines
                                                Hearingdocket@nrc.gov. If you do not                    B. Submitting Comments                                  that the proposed transfer of controlling
                                                receive an automatic email reply                          Please include Docket ID NRC–2017–                    interest will not affect the qualifications
                                                confirming receipt, then contact us at                  0148 in your comment submission.                        of the licensee to hold the license, and
                                                301–415–1677.                                             The NRC cautions you not to include                   that the licensee has provided the
                                                   • Fax comments to: Secretary,                        identifying or contact information that                 financial assurance for
                                                Nuclear Regulatory Commission at 301–                   you do not want to be publicly                          decommissioning required by 10 CFR
                                                415–1101.                                               disclosed in your comment submission.                   70.25.
                                                   • Mail comments to: Secretary, U.S.                  The NRC will post all comment
                                                                                                                                                                III. Opportunity To Comment
                                                Nuclear Regulatory Commission,                          submissions at http://
                                                Washington, DC 20555–0001, ATTN:                        www.regulations.gov as well as enter the                   Within 30 days from the date of
                                                Rulemakings and Adjudications Staff.                    comment submissions into ADAMS.                         publication of this notice, persons may
                                                   • Hand deliver comments to: 11555                    The NRC does not routinely edit                         submit written comments regarding the
                                                Rockville Pike, Rockville, Maryland                                                                             license transfer application, as provided
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        comment submissions to remove
                                                20852, between 7:30 a.m. and 4:15 p.m.                  identifying or contact information.                     for in 10 CFR 2.1305. The Commission
                                                (Eastern Time) Federal workdays;                          If you are requesting or aggregating                  will consider and, if appropriate,
                                                telephone: 301–415–1677.                                comments from other persons for                         respond to these comments, but such
                                                   For additional direction on obtaining                submission to the NRC, then you should                  comments will not otherwise constitute
                                                information and submitting comments,                    inform those persons not to include                     part of the decisional record. Comments
                                                see ‘‘Obtaining Information and                         identifying or contact information that                 should be submitted as described in the
                                                Submitting Comments’’ in the                            they do not want to be publicly                         ADDRESSES section of this document.



                                           VerDate Sep<11>2014   18:29 Jun 28, 2017   Jkt 241001   PO 00000   Frm 00113   Fmt 4703   Sfmt 4703    E:\FR\FM\29JNN1.SGM   29JNN1


                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                            29587

                                                IV. Opportunity To Request a Hearing                    petitioner to relief. A petitioner who                 V. Electronic Submissions (E-Filing)
                                                and Petition for Leave To Intervene                     fails to satisfy the requirements at 10                   All documents filed in NRC
                                                   Within 20 days after the date of                     CFR 2.309(f) with respect to at least one              adjudicatory proceedings, including a
                                                publication of this notice, any persons                 contention will not be permitted to                    request for hearing and petition for
                                                (petitioner) whose interest may be                      participate as a party.                                leave to intervene (petition), any motion
                                                                                                           Those permitted to intervene become                 or other document filed in the
                                                affected by this action may file a request
                                                                                                        parties to the proceeding, subject to any
                                                for a hearing and petition for leave to                                                                        proceeding prior to the submission of a
                                                                                                        limitations in the order granting leave to
                                                intervene (petition) with respect to the                                                                       request for hearing or petition to
                                                                                                        intervene. Parties have the opportunity
                                                action. Petitions shall be filed in                                                                            intervene, and documents filed by
                                                                                                        to participate fully in the conduct of the
                                                accordance with the Commission’s                                                                               interested governmental entities that
                                                                                                        hearing with respect to resolution of
                                                ‘‘Agency Rules of Practice and                                                                                 request to participate under 10 CFR
                                                                                                        that party’s admitted contentions,
                                                Procedure’’ in 10 CFR part 2. Interested                                                                       2.315(c), must be filed in accordance
                                                                                                        including the opportunity to present
                                                persons should consult a current copy                                                                          with the NRC’s E-Filing rule (72 FR
                                                                                                        evidence, consistent with the NRC’s
                                                of 10 CFR 2.309. The NRC’s regulations                                                                         49139; August 28, 2007, as amended at
                                                                                                        regulations, policies, and procedures.
                                                are accessible electronically from the                     Petitions must be filed no later than               77 FR 46562, August 3, 2012). The E-
                                                NRC Library on the NRC’s Web site at                    20 days from the date of publication of                Filing process requires participants to
                                                http://www.nrc.gov/reading-rm/doc-                      this notice. Petitions and motions for                 submit and serve all adjudicatory
                                                collections/cfr/. Alternatively, a copy of              leave to file new or amended                           documents over the internet, or in some
                                                the regulations is available at the NRC’s               contentions that are filed after the                   cases to mail copies on electronic
                                                Public Document Room, located at One                    deadline will not be entertained absent                storage media. Detailed guidance on
                                                White Flint North, Room O1–F21, 11555                   a determination by the presiding officer               making electronic submissions may be
                                                Rockville Pike (first floor), Rockville,                that the filing demonstrates good cause                found in the Guidance for Electronic
                                                Maryland 20852. If a petition is filed,                 by satisfying the three factors in 10 CFR              Submissions to the NRC and on the NRC
                                                the Commission or a presiding officer                   2.309(c)(1)(i) through (iii). The petition             Web site at http://www.nrc.gov/site-
                                                will rule on the petition and, if                       must be filed in accordance with the                   help/e-submittals.html. Participants
                                                appropriate, a notice of a hearing will be              filing instructions in the ‘‘Electronic                may not submit paper copies of their
                                                issued.                                                 Submissions (E-Filing)’’ section of this               filings unless they seek an exemption in
                                                   As required by 10 CFR 2.309(d) the                   document.                                              accordance with the procedures
                                                petition should specifically explain the                   A State, local governmental body,                   described below.
                                                reasons why intervention should be                      Federally-recognized Indian Tribe, or                     To comply with the procedural
                                                permitted with particular reference to                  agency thereof, may submit a petition to               requirements of E-Filing, at least 10
                                                the following general requirements for                  the Commission to participate as a party               days prior to the filing deadline, the
                                                standing: (1) The name, address, and                    under 10 CFR 2.309(h)(1). The petition                 participant should contact the Office of
                                                telephone number of the petitioner; (2)                 should state the nature and extent of the              the Secretary by email at
                                                the nature of the petitioner’s right under              petitioner’s interest in the proceeding.               hearing.docket@nrc.gov, or by telephone
                                                the Act to be made a party to the                       The petition should be submitted to the                at 301–415–1677, to (1) request a digital
                                                proceeding; (3) the nature and extent of                Commission no later than 20 days from                  identification (ID) certificate, which
                                                the petitioner’s property, financial, or                the date of publication of this notice.                allows the participant (or its counsel or
                                                other interest in the proceeding; and (4)               The petition must be filed in accordance               representative) to digitally sign
                                                the possible effect of any decision or                  with the filing instructions in the                    submissions and access the E-Filing
                                                order which may be entered in the                       ‘‘Electronic Submissions (E-Filing)’’                  system for any proceeding in which it
                                                proceeding on the petitioner’s interest.                section of this document, and should                   is participating; and (2) advise the
                                                   In accordance with 10 CFR 2.309(f),                  meet the requirements for petitions set                Secretary that the participant will be
                                                the petition must also set forth the                    forth in this section. Alternatively, a                submitting a petition or other
                                                specific contentions which the                          State, local governmental body,                        adjudicatory document (even in
                                                petitioner seeks to have litigated in the               Federally-recognized Indian Tribe, or                  instances in which the participant, or its
                                                proceeding. Each contention must                        agency thereof may participate as a non-               counsel or representative, already holds
                                                consist of a specific statement of the                  party under 10 CFR 2.315(c).                           an NRC-issued digital ID certificate).
                                                issue of law or fact to be raised or                       If a hearing is granted, any person                 Based upon this information, the
                                                controverted. In addition, the petitioner               who is not a party to the proceeding and               Secretary will establish an electronic
                                                must provide a brief explanation of the                 is not affiliated with or represented by               docket for the hearing in this proceeding
                                                bases for the contention and a concise                  a party may, at the discretion of the                  if the Secretary has not already
                                                statement of the alleged facts or expert                presiding officer, be permitted to make                established an electronic docket.
                                                opinion which support the contention                    a limited appearance pursuant to the                      Information about applying for a
                                                and on which the petitioner intends to                  provisions of 10 CFR 2.315(a). A person                digital ID certificate is available on the
                                                rely in proving the contention at the                   making a limited appearance may make                   NRC’s public Web site at http://
                                                hearing. The petitioner must also                       an oral or written statement of his or her             www.nrc.gov/site-help/e-submittals/
                                                provide references to the specific                      position on the issues but may not                     getting-started.html. Once a participant
                                                sources and documents on which the                      otherwise participate in the proceeding.               has obtained a digital ID certificate and
                                                petitioner intends to rely to support its               A limited appearance may be made at                    a docket has been created, the
                                                position on the issue. The petition must                any session of the hearing or at any                   participant can then submit
sradovich on DSK3GMQ082PROD with NOTICES




                                                include sufficient information to show                  prehearing conference, subject to the                  adjudicatory documents. Submissions
                                                that a genuine dispute exists with the                  limits and conditions as may be                        must be in Portable Document Format
                                                applicant or licensee on a material issue               imposed by the presiding officer. Details              (PDF). Additional guidance on PDF
                                                of law or fact. Contentions must be                     regarding the opportunity to make a                    submissions is available on the NRC’s
                                                limited to matters within the scope of                  limited appearance will be provided by                 public Web site at http://www.nrc.gov/
                                                the proceeding. The contention must be                  the presiding officer if such sessions are             site-help/electronic-sub-ref-mat.html. A
                                                one which, if proven, would entitle the                 scheduled.                                             filing is considered complete at the time


                                           VerDate Sep<11>2014   18:29 Jun 28, 2017   Jkt 241001   PO 00000   Frm 00114   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM   29JNN1


                                                29588                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                the document is submitted through the                   granted an exemption request from                      the Board’s meeting room on the 8th
                                                NRC’s E Filing system. To be timely, an                 using E-Filing, may require a participant              floor of its headquarters building, 844
                                                electronic filing must be submitted to                  or party to use E-Filing if the presiding              North Rush Street, Chicago, Illinois
                                                the E-Filing system no later than 11:59                 officer subsequently determines that the               60611. The agenda for this meeting
                                                p.m. Eastern Time on the due date.                      reason for granting the exemption from                 follows:
                                                Upon receipt of a transmission, the E                   use of E-Filing no longer exists.                         Portion open to the public:
                                                Filing system time-stamps the document                    Documents submitted in adjudicatory                     (1) Executive Committee Reports
                                                and sends the submitter an email notice                 proceedings will appear in the NRC’s                      The person to contact for more
                                                confirming receipt of the document. The                 electronic hearing docket which is                     information is Martha P. Rico, Secretary
                                                E-Filing system also distributes an email               available to the public at https://                    to the Board, Phone No. 312–751–4920.
                                                notice that provides access to the                      adams.nrc.gov/ehd, unless excluded                       Dated: June 27, 2017.
                                                document to the NRC’s Office of the                     pursuant to an order of the Commission                 Martha P. Rico,
                                                General Counsel and any others who                      or the presiding officer. If you do not
                                                                                                                                                               For the Board, Secretary to the Board.
                                                have advised the Office of the Secretary                have an NRC-issued digital ID certificate
                                                                                                                                                               [FR Doc. 2017–13764 Filed 6–27–17; 11:15 am]
                                                that they wish to participate in the                    as described above, click cancel when
                                                                                                                                                               BILLING CODE 7905–01–P
                                                proceeding, so that the filer need not                  the link requests certificates and you
                                                serve the document on those                             will be automatically directed to the
                                                participants separately. Therefore,                     NRC’s electronic hearing dockets where
                                                applicants and other participants (or                   you will be able to access any publicly                SECURITIES AND EXCHANGE
                                                their counsel or representative) must                   available documents in a particular                    COMMISSION
                                                apply for and receive a digital ID                      hearing docket. Participants are                       [Release No. 34–81010; File No. SR–CBOE–
                                                certificate before adjudicatory                         requested not to include personal                      2017–049]
                                                documents are filed so that they can                    privacy information, such as social
                                                obtain access to the documents via the                  security numbers, home addresses, or                   Self-Regulatory Organizations;
                                                E-Filing system.                                        personal phone numbers in their filings,               Chicago Board Options Exchange,
                                                   A person filing electronically using                 unless an NRC regulation or other law                  Incorporated; Notice of Filing and
                                                the NRC’s adjudicatory E-Filing system                  requires submission of such                            Immediate Effectiveness of a Proposed
                                                may seek assistance by contacting the                   information. For example, in some                      Rule Change Related to Rule 6.56
                                                NRC’s Electronic Filing Help Desk                       instances, individuals provide home                    (Compression Forums)
                                                through the ‘‘Contact Us’’ link located                 addresses in order to demonstrate
                                                on the NRC’s public Web site at http://                 proximity to a facility or site. With                  June 23, 2017.
                                                www.nrc.gov/site-help/e-                                respect to copyrighted works, except for                  Pursuant to Section 19(b)(1) of the
                                                submittals.html, by email to                            limited excerpts that serve the purpose                Securities Exchange Act of 1934 (the
                                                MSHD.Resource@nrc.gov, or by a toll-                    of the adjudicatory filings and would                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                free call at 1–866–672–7640. The NRC                    constitute a Fair Use application,                     notice is hereby given that on June 16,
                                                Electronic Filing Help Desk is available                participants are requested not to include              2017, Chicago Board Options Exchange,
                                                between 9 a.m. and 6 p.m., Eastern                      copyrighted materials in their                         Incorporated (the ‘‘Exchange’’ or
                                                Time, Monday through Friday,                            submission. The Commission will issue                  ‘‘CBOE’’) filed with the Securities and
                                                excluding government holidays.                          a notice or order granting or denying a                Exchange Commission (the
                                                   Participants who believe that they                   hearing request or intervention petition,              ‘‘Commission’’) the proposed rule
                                                have a good cause for not submitting                    designating the issues for any hearing                 change as described in Items I and II
                                                documents electronically must file an                   that will be held and designating the                  below, which Items have been prepared
                                                exemption request, in accordance with                   Presiding Officer. A notice granting a                 by the Exchange. The Exchange filed the
                                                10 CFR 2.302(g), with their initial paper               hearing will be published in the Federal               proposal as a ‘‘non-controversial’’
                                                filing stating why there is good cause for              Register and served on the parties to the              proposed rule change pursuant to
                                                not filing electronically and requesting                hearing.                                               Section 19(b)(3)(A)(iii) of the Act 3 and
                                                authorization to continue to submit                       For further details with respect to this             Rule 19b–4(f)(6) thereunder.4 The
                                                documents in paper format. Such filings                 application, see the application dated                 Commission is publishing this notice to
                                                must be submitted by: (1) First class                   April 14, 2017, ADAMS Accession No.                    solicit comments on the proposed rule
                                                mail addressed to the Office of the                     ML17108A259.                                           change from interested persons.
                                                Secretary of the Commission, U.S.
                                                                                                          Dated at Rockville, Maryland, this 21st day          I. Self-Regulatory Organization’s
                                                Nuclear Regulatory Commission,                          of June 2017.                                          Statement of the Terms of Substance of
                                                Washington, DC 20555–0001, Attention:
                                                                                                          For the Nuclear Regulatory Commission.               the Proposed Rule Change
                                                Rulemaking and Adjudications Staff; or
                                                                                                        Craig G. Erlanger,                                        The Exchange proposes to amend
                                                (2) courier, express mail, or expedited
                                                delivery service to the Office of the                   Director, Division of Fuel Cycle Safety,               Rule 6.56. The text of the proposed rule
                                                                                                        Safeguards, and Environmental Review,                  change is provided below.
                                                Secretary, 11555 Rockville Pike,
                                                                                                        Office of Nuclear Material Safety and
                                                Rockville, Maryland, 20852, Attention:                  Safeguards.                                            (additions are italicized; deletions are
                                                Rulemaking and Adjudications Staff.                                                                               [bracketed])
                                                                                                        [FR Doc. 2017–13646 Filed 6–28–17; 8:45 am]
                                                Participants filing adjudicatory                                                                               *      *    *     *     *
                                                                                                        BILLING CODE 7590–01–P
                                                documents in this manner are                                                                                   Chicago Board Options Exchange,
sradovich on DSK3GMQ082PROD with NOTICES




                                                responsible for serving the document on                                                                        Incorporated Rules
                                                all other participants. Filing is                                                                              *      *    *     *     *
                                                considered complete by first-class mail                 RAILROAD RETIREMENT BOARD
                                                                                                                                                               Rule 6.56. Compression Forums
                                                as of the time of deposit in the mail, or
                                                                                                        Sunshine Act; Notice of Public Meeting
                                                by courier, express mail, or expedited                                                                           1 15 U.S.C. 78s(b)(1).
                                                delivery service upon depositing the                      Notice is hereby given that the                        2 17 CFR 240.19b–4.
                                                document with the provider of the                       Railroad Retirement Board will hold a                    3 15 U.S.C. 78s(b)(3)(A)(iii).

                                                service. A presiding officer, having                    meeting on July 19, 2017, 1:30 p.m. at                   4 17 CFR 240.19b–4(f)(6).




                                           VerDate Sep<11>2014   18:29 Jun 28, 2017   Jkt 241001   PO 00000   Frm 00115   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM    29JNN1



Document Created: 2018-11-14 10:17:04
Document Modified: 2018-11-14 10:17:04
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
ActionApplication for indirect transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene.
DatesComments must be filed by July 31, 2017. A request for a hearing must be filed by July 19, 2017.
ContactKevin Ramsey, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7506, email: [email protected], U.S. Nuclear Regulatory Commission, Washington DC 20555-0001.
FR Citation82 FR 29586 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR