82 FR 32382 - Lost Creek ISR, LLC, Lost Creek Uranium In-Situ Recovery Project, Sweetwater County, Wyoming
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 133 (July 13, 2017)
Federal Register Volume 82, Issue 133 (July 13, 2017)
| Page Range | 32382-32386 | |
| FR Document | 2017-14672 |
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)] [Notices] [Pages 32382-32386] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14672] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 040-09068; NRC-2008-0391] Lost Creek ISR, LLC, Lost Creek Uranium In-Situ Recovery Project, Sweetwater County, Wyoming AGENCY: Nuclear Regulatory Commission. ACTION: License amendment application; opportunity to request a hearing and to petition for leave to intervene; order imposing procedures. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an application, dated February 27, 2017 (and supplemented on April 25, 2017), from Lost Creek ISR, LLC (Lost Creek) to amend its Source and Byproduct Materials License (SUA-1598) for the Lost Creek Facility in Sweetwater County, Wyoming. The amendment would authorize recovery of uranium by In Situ Recovery (ISR) extraction techniques at the Lost Creek East Expansion Area, which is adjacent to the existing approved facility, and at the next deeper horizon at both the existing and proposed expansion area. The amendment request contains sensitive unclassified non-safeguards information (SUNSI). DATES: A request for a hearing or petition for leave to intervene must be filed by September 11, 2017. Any potential party, as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by July 24, 2017. ADDRESSES: Please refer to Docket ID NRC-2008-0391 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-2008-0391. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: John Saxton, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0697; email: [email protected]. SUPPLEMENTARY INFORMATION: I. Introduction The NRC received, by letter dated February 27, 2017 (ADAMS Accession No. ML17069A296), and supplemented on April 25, 2017 (ADAMS Accession No. ML17115A215), an application to amend Lost Creek's Source and Byproduct Materials License SUA-11598 for the Lost Creek Facility located in Sweetwater County, Wyoming. The proposed amendment would authorize the recovery of uranium by ISR extraction techniques at the Lost Creek East Expansion Area and at deeper subsurface horizon (the KM Horizon) with both the existing facility and proposed expansion area. This application contains SUNSI. An NRC administrative completeness review found the application acceptable for technical review (ADAMS Accession No. ML17115A400). Prior to approving the amendment application, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the NRC's regulations. The NRC's findings will be documented in a safety evaluation report prepared by the NRC. The NRC will participate in the development of an environmental impact statement (EIS) prepared by the U.S. Bureau of Land Management (BLM) in accordance with the Memorandum of Understanding between the NRC and the BLM dated February 12, 2013 (ADAMS Accession No. ML13072A778). The NRC will review the BLM's EIS for adoption to fulfil the NRC's responsibilities under the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). The BLM and the NRC agreed that the BLM would be the designated lead agency in preparation of this EIS by letter dated December 14, 2104 (ADAMS Accession No. ML14303A508). The BLM's notice of intent to prepare the EIS was noticed in the Federal Register on September 14, 2015 (80 FR 55149). In addition to the structural expansion, the amendment application also includes a request to increase the maximum permitted annual production of yellowcake from 2.0 to 2.2 million pounds. 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 [[Page 32383]] Procedure'' in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of the regulations is available at the NRC's Public Document Room, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued. As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest. In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures. Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document. A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission by September 11, 2017. The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document, and should meet the requirements for petitions set forth in this section. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled. III. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC- issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who [[Page 32384]] have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC's adjudicatory E- Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the ``Contact Us'' link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672- 7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing Sensitive Unclassified Non-Safeguards Information (SUNSI). B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI is necessary to respond to this notice may request access to SUNSI. A ``potential party'' is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email address for the Office of the Secretary and the Office of the General Counsel are [email protected] and [email protected], respectively.\1\ The request must include the following information: --------------------------------------------------------------------------- \1\ While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC's ``E-Filing Rule,'' the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. --------------------------------------------------------------------------- (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requester's basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C.(3) the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2) above, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order \2\ setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. --------------------------------------------------------------------------- \2\ Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. --------------------------------------------------------------------------- F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no [[Page 32385]] later than 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and requisite need, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requester may challenge the NRC staff's adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. (3) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. H. Review of Grants of Access. A party other than the requester may challenge an NRC staff determination granting access to SUNSI whose release would harm that party's interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) The presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.\3\ --------------------------------------------------------------------------- \3\ Requesters should note that the filing requirements of the NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. --------------------------------------------------------------------------- I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated at Rockville, Maryland, this 7th day of July 2017. For the Nuclear Regulatory Commission. Andrew L. Bates, Acting Secretary, Secretary of the Commission. Attachment 1--General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information in This Proceeding ------------------------------------------------------------------------ Day Event/activity ------------------------------------------------------------------------ 0........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10....................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60....................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20....................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff's determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25....................... If NRC staff finds no ``need'' or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff's denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ``need'' for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff's grant of access. 30....................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40....................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non- Disclosure Affidavit. Deadline for applicant/ licensee to file Non-Disclosure Agreement for SUNSI. A........................ If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3.................... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28................... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner's receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. A + 53................... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60................... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60.................. Decision on contention admission. ------------------------------------------------------------------------ [[Page 32386]] [FR Doc. 2017-14672 Filed 7-12-17; 8:45 am] BILLING CODE 7590-01-P
![32382 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices
U.S.C. 552b), hereby gives notice of the County, Wyoming. The amendment I. Introduction
scheduling of a teleconference for the would authorize recovery of uranium by The NRC received, by letter dated
transaction of National Science Board In Situ Recovery (ISR) extraction February 27, 2017 (ADAMS Accession
business, as follows: techniques at the Lost Creek East No. ML17069A296), and supplemented
TIME AND DATE: Open meeting of the Expansion Area, which is adjacent to on April 25, 2017 (ADAMS Accession
Executive Committee of the National the existing approved facility, and at the No. ML17115A215), an application to
Science Board, to be held Monday, July next deeper horizon at both the existing amend Lost Creek’s Source and
17, 2017, from 11:00 a.m. to 12:00 p.m. and proposed expansion area. The Byproduct Materials License SUA–
EDT. amendment request contains sensitive 11598 for the Lost Creek Facility located
PLACE: This meeting will be held by unclassified non-safeguards information in Sweetwater County, Wyoming. The
teleconference at the National Science (SUNSI). proposed amendment would authorize
Foundation, 4201 Wilson Blvd., DATES: A request for a hearing or the recovery of uranium by ISR
Arlington, VA 22230. petition for leave to intervene must be extraction techniques at the Lost Creek
STATUS: Open. filed by September 11, 2017. Any East Expansion Area and at deeper
MATTERS TO BE CONSIDERED: Executive potential party, as defined in section 2.4 subsurface horizon (the KM Horizon)
Committee Chair’s opening remarks; of title 10 of the Code of Federal with both the existing facility and
approval of Executive Committee Regulations (10 CFR), who believes proposed expansion area. This
minutes, and discussion of issues and access to SUNSI is necessary to respond application contains SUNSI.
topics for the agendas of the NSB to this notice must request document An NRC administrative completeness
meetings scheduled for August 15–16, access by July 24, 2017. review found the application acceptable
2017. ADDRESSES: Please refer to Docket ID for technical review (ADAMS Accession
CONTACT PERSON FOR MORE INFORMATION: NRC–2008–0391 when contacting the No. ML17115A400). Prior to approving
Point of contact for this meeting is: NRC about the availability of the amendment application, the NRC
James Hamos, 4201 Wilson Blvd., information regarding this document. will need to make the findings required
Arlington, VA 22230. Telephone: (703) You may obtain publicly-available by the Atomic Energy Act of 1954, as
292–8000. information related to this document amended (the Act), and the NRC’s
You may find meeting information using any of the following methods: regulations. The NRC’s findings will be
and updates (time, place, subject matter • Federal Rulemaking Web site: Go to documented in a safety evaluation
or status of meeting) at http:// http://www.regulations.gov and search report prepared by the NRC. The NRC
www.nsf.gov/nsb/notices/. for Docket ID NRC–2008–0391. Address will participate in the development of
questions about NRC dockets to Carol an environmental impact statement
SUPPLEMENTARY INFORMATION: An audio
Gallagher; telephone: 301–415–3463; (EIS) prepared by the U.S. Bureau of
link will be available for the public.
email: Carol.Gallagher@nrc.gov. For Land Management (BLM) in accordance
Members of the public must contact the
technical questions, contact the with the Memorandum of
Board Office to request the public audio
individual listed in the FOR FURTHER Understanding between the NRC and
link by sending an email to
INFORMATION CONTACT section of this the BLM dated February 12, 2013
nationalsciencebrd@nsf.gov at least 24
document. (ADAMS Accession No. ML13072A778).
hours prior to the teleconference.
• NRC’s Agencywide Documents The NRC will review the BLM’s EIS for
Dated: July 10, 2017. adoption to fulfil the NRC’s
Access and Management System
Ann Bushmiller, responsibilities under the National
(ADAMS): You may obtain publicly-
Senior Counsel to the National Science Board. available documents online in the Environmental Policy Act (NEPA) and
[FR Doc. 2017–14779 Filed 7–11–17; 11:15 am] ADAMS Public Documents collection at National Historic Preservation Act
BILLING CODE 7555–01–P http://www.nrc.gov/reading-rm/ (NHPA). The BLM and the NRC agreed
adams.html. To begin the search, select that the BLM would be the designated
‘‘ADAMS Public Documents’’ and then lead agency in preparation of this EIS by
NUCLEAR REGULATORY select ‘‘Begin Web-based ADAMS letter dated December 14, 2104 (ADAMS
COMMISSION Search.’’ For problems with ADAMS, Accession No. ML14303A508). The
please contact the NRC’s Public BLM’s notice of intent to prepare the
[Docket No. 040–09068; NRC–2008–0391] EIS was noticed in the Federal Register
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by on September 14, 2015 (80 FR 55149).
Lost Creek ISR, LLC, Lost Creek
email to pdr.resource@nrc.gov. The In addition to the structural
Uranium In-Situ Recovery Project,
ADAMS accession number for each expansion, the amendment application
Sweetwater County, Wyoming
document referenced (if that document also includes a request to increase the
AGENCY: Nuclear Regulatory is available in ADAMS) is provided the maximum permitted annual production
Commission. first time that a document is referenced. of yellowcake from 2.0 to 2.2 million
ACTION: License amendment application; • NRC’s PDR: You may examine and pounds.
opportunity to request a hearing and to purchase copies of public documents at II. Opportunity To Request a Hearing
petition for leave to intervene; order the NRC’s PDR, Room O1–F21, One and Petition for Leave To Intervene
imposing procedures. White Flint North, 11555 Rockville
Within 60 days after the date of
Pike, Rockville, Maryland 20852.
SUMMARY: The U.S. Nuclear Regulatory publication of this notice, any persons
sradovich on DSK3GMQ082PROD with NOTICES
Commission (NRC) has received an FOR FURTHER INFORMATION CONTACT: John (petitioner) whose interest may be
application, dated February 27, 2017 Saxton, Office of Nuclear Material affected by this action may file a request
(and supplemented on April 25, 2017), Safety and Safeguards, U.S. Nuclear for a hearing and petition for leave to
from Lost Creek ISR, LLC (Lost Creek) Regulatory Commission, Washington, intervene (petition) with respect to the
to amend its Source and Byproduct DC 20555–0001; telephone: 301–415– action. Petitions shall be filed in
Materials License (SUA–1598) for the 0697; email: John.Saxton@nrc.gov. accordance with the Commission’s
Lost Creek Facility in Sweetwater SUPPLEMENTARY INFORMATION: ‘‘Agency Rules of Practice and
VerDate Sep<11>2014 17:41 Jul 12, 2017 Jkt 241001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1](https://thefederalregister.org/doc/82_FR_32515/page/1.svg)
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[FR Doc. 2017–14672 Filed 7–12–17; 8:45 am] attribute for designated retail orders The Commission subsequently received
BILLING CODE 7590–01–P under Nasdaq Rule (‘‘Rule(s)’’) 4703, two additional comment letters on the
and to make related changes to Rules proposed rule change.9 On March 3,
4702, 4752, 4753, 4754, and 4757. The 2017, the Commission instituted
POSTAL SERVICE proposed rule change was published for proceedings under Section 19(b)(2)(B) of
comment in the Federal Register on the Act 10 to determine whether to
Product Change—Parcel Select December 5, 2016.3 On January 17, approve or disapprove the proposed
Negotiated Service Agreement 2017, pursuant to Section 19(b)(2) of the rule change, as modified by Amendment
Act,4 the Commission designated a No. 1.11 The Commission received two
AGENCY: Postal ServiceTM. longer period within which to approve additional comment letters on the
ACTION: Notice. the proposed rule change, disapprove proposed rule change in response to the
the proposed rule change, or institute Order Instituting Proceedings.12 On
SUMMARY: The Postal Service gives
proceedings to determine whether to April 24, 2017, the Exchange submitted
notice of filing a request with the Postal
approve or disapprove the proposed a second comment response letter.13 On
Regulatory Commission to add a
rule change.5 The Commission initially May 31, 2017, the Exchange extended
domestic shipping services contract to
received seven comment letters on the the time period for Commission action
the list of Negotiated Service
proposed rule change.6 On February 17, to August 2, 2017. This order approves
Agreements in the Mail Classification
2017, the Exchange filed Amendment the proposed rule change, as modified
Schedule’s Competitive Products List. No. 1 to the proposed rule change 7 and by Amendment No. 1.
DATES: Effective date: July 13, 2017. submitted a comment response letter.8
FOR FURTHER INFORMATION CONTACT: II. Description of the Proposal, as
Maria W. Votsch, 202–268–6525. 3 See
Securities Exchange Act Release No. 79428 Modified by Amendment No. 1
(November 30, 2016), 81 FR 87628 (‘‘Notice’’).
SUPPLEMENTARY INFORMATION: The 4 15 U.S.C. 78s(b)(2). The Exchange has proposed to offer a
United States Postal Service® hereby 5 See Securities Exchange Act Release No. 79810, new ELO attribute, which would allow
gives notice that, pursuant to 39 U.S.C. 82 FR 8244 (January 24, 2017). The Commission certain displayed retail orders to receive
3642 and 3632(b)(3), on July 6, 2017, it designated March 5, 2017 as the date by which the higher priority on the Nasdaq book than
filed with the Postal Regulatory Commission shall approve or disapprove, or
institute proceedings to determine whether to other orders at the same price
Commission a Request of the United approve or disapprove, the proposed rule change. (‘‘Extended Life Priority’’), and to make
States Postal Service to Add Parcel 6 See Letters to Brent J. Fields, Secretary,
conforming changes to its rules. As
Select Contract 22 to Competitive Commission, from: Joseph Saluzzi and Sal Arnuk, discussed in more detail below, the
Product List. Documents are available at Partners, Themis Trading LLC, dated December 19,
2016 (‘‘Themis Letter I’’); Eric Swanson, EVP, Exchange has proposed to amend Rule
www.prc.gov, Docket Nos. MC2017–155, General Counsel, and Secretary, Bats Global 4703 to set forth the ELO attribute in
CP2017–219. Markets, Inc., dated December 22, 2016 (‘‘BATS new subparagraph (m), add an
Letter’’); Adam Nunes, Head of Business
Stanley F. Mires, Development, Hudson River Trading LLC, dated
attachment B to its designated retail
Attorney, Federal Compliance. December 22, 2016 (‘‘Hudson River Trading order attestation form that sets forth an
Letter’’); Joanna Mallers, Secretary, FIA Principal attestation that would be required of
[FR Doc. 2017–14633 Filed 7–12–17; 8:45 am] Traders Group, dated December 23, 2016 (‘‘FIA PTG members in connection with utilizing
BILLING CODE 7710–12–P Letter I’’); Adam C. Cooper, Senior Managing
Director and Chief Legal Officer, Citadel Securities, the ELO attribute, and make related
dated December 27, 2016 (‘‘Citadel Letter I’’); changes to Rules 4702(b), 4752, 4753,
Andrew Stevens, General Counsel, IMC Financial 4754, and 4757.
SECURITIES AND EXCHANGE Markets, dated December 28, 2016 (‘‘IMC Letter’’);
COMMISSION and Venu Palaparthi, SVP, Compliance, Regulatory A. Proposed Rule 4703(m) and
& Government Affairs, Virtu Financial LLC, dated Attestation
[Release No. 34–81097; File No. SR– February 9, 2017 (‘‘Virtu Letter’’).
7 In Amendment No. 1, the Exchange: (i)
NASDAQ–2016–161] Proposed Rule 4703(m) states that
Specified that the ELO attribute would be available
during ‘‘System Hours’’ as defined in Rule 4701(g);
ELO is an order attribute that allows an
Self-Regulatory Organizations; The (ii) clarified that any subsequent proposal to order to receive priority in the Nasdaq
NASDAQ Stock Market LLC; Order broaden the availability of the ELO attribute would book above other orders resting on the
Approving a Proposed Rule Change, be set forth in a distinct rule filing; (iii) provided Nasdaq book at the same price that are
as Modified by Amendment No. 1, To additional details regarding the calculation of the
99% ELO eligibility requirement; (iv) proposed to
Adopt a New Extended Life Priority assess members’ compliance with ELO eligibility 9 See Letters to Brent J. Fields, Secretary,
Order Attribute Under Rule 4703, and requirements on a monthly basis instead of a Commission, from: John Ramsay, Chief Market
To Make Related Changes to Rules quarterly basis as initially proposed; (v) stated that, Policy Officer, Investors Exchange LLC, dated
concurrently with the initial launch of the ELO March 2, 2017 (‘‘IEX Letter’’); and Joseph Saluzzi
4702, 4752, 4753, 4754, and 4757 attribute, it will implement new surveillances to and Sal Arnuk, Partners, Themis Trading LLC,
identify any potential misuse of the ELO attribute; dated March 3, 2017 (‘‘Themis Letter II’’).
July 7, 2017. (vi) provided additional discussions regarding the 10 15 U.S.C. 78s(b)(2)(B).
availability of the ELO identifier on the Exchange’s
I. Introduction TotalView ITCH market data feed; (vii) provided
11 See Securities Exchange Act Release No. 80149,
82 FR 13168 (March 9, 2017) (‘‘Order Instituting
On November 17, 2016, the NASDAQ additional details as to how the ELO attribute
Proceedings’’).
would operate with other order attributes and cross-
Stock Market LLC (‘‘Exchange’’ or specific order types; (viii) provided information
12 See Letter to Brent J. Fields, Secretary,
‘‘Nasdaq’’) filed with the Securities and regarding the Exchange’s implementation of the Commission, from Joanna Mallers, Secretary, FIA
Exchange Commission (‘‘Commission’’), ELO attribute; and (ix) provided additional Principal Traders Group, dated March 30, 2017
justifications for proposing the ELO attribute. (‘‘FIA PTG Letter II’’); Letter to Eduardo A. Aleman,
sradovich on DSK3GMQ082PROD with NOTICES
pursuant to Section 19(b)(1) of the Assistant Secretary, Commission, from Stephen
Amendment No. 1 has been placed in the public
Securities Exchange Act of 1934 comment file for SR–NASDAQ–2016–161 at https:// John Berger, Managing Director, Government &
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a www.sec.gov/comments/sr-nasdaq-2016-161/ Regulatory Policy, Citadel Securities, dated March
proposed rule change to adopt a new nasdaq2016161-1589828-132168.pdf. 30, 2017 (‘‘Citadel Letter II’’).
8 See Letter to Brent J. Fields, Secretary, 13 See Letter to Brent J. Fields, Secretary,
extended life priority order (‘‘ELO’’) Commission, from T. Sean Bennett, Associate Vice
Commission, from T. Sean Bennett, Associate Vice
President and Principal Associate General Counsel, President and Principal Associate General Counsel,
1 15 U.S.C. 78s(b)(1). Nasdaq, dated February 17, 2017 (‘‘Nasdaq Nasdaq, dated April 24, 2017 (‘‘Nasdaq Response
2 17 CFR 240.19b–4. Response Letter I’’). Letter II’’).
VerDate Sep<11>2014 17:41 Jul 12, 2017 Jkt 241001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\13JYN1.SGM 13JYN1](https://thefederalregister.org/doc/82_FR_32515/page/5.svg)
Document Created: 2017-07-13 01:00:42
Document Modified: 2017-07-13 01:00:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | License amendment application; opportunity to request a hearing and to petition for leave to intervene; order imposing procedures. | |
| Dates | A request for a hearing or petition for leave to intervene must be filed by September 11, 2017. Any potential party, as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by July 24, 2017. | |
| Contact | John Saxton, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0697; email: [email protected] | |
| FR Citation | 82 FR 32382 |
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