82_FR_52095 82 FR 51880 - AREVA, Inc.; Consideration of Approval of Transfer of License; Correction

82 FR 51880 - AREVA, Inc.; Consideration of Approval of Transfer of License; Correction

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range51880-51883
FR Document2017-24239

The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice that was published in the Federal Register on June 29, 2017, regarding an application for indirect transfer of license filed by AREVA, Inc., on April 14, 2017. This action is necessary to add licenses that were omitted from the original application. The original application requested 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 (EDF). The amended application adds Export Licenses XCOM1304, XSNM3780, XSNM3781, XSNM3782, and XW015 to the requested action.

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017)
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51880-51883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24239]


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NUCLEAR REGULATORY COMMISSION

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


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

AGENCY: Nuclear Regulatory Commission.

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

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is correcting a 
notice that was published in the Federal Register on June 29, 2017, 
regarding an application for indirect transfer of license filed by 
AREVA, Inc., on April 14, 2017. This action is necessary to add 
licenses that were omitted from the original application. The original 
application requested 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 (EDF). 
The amended application adds Export Licenses XCOM1304, XSNM3780, 
XSNM3781, XSNM3782, and XW015 to the requested action.

DATES: Comments and/or a request for a hearing must be filed by 
December 8, 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: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
     Fax comments to: Secretary, U.S. 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, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7506, email: 
[email protected].

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 [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

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 posts all comment submissions at http://www.regulations.gov as well as entering 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

[[Page 51881]]

submissions available to the public or entering the comment submissions 
into ADAMS.

II. Introduction

    The NRC is considering the issuance of an order under Section 184 
of the Atomic Energy Act, as amended, and 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, XCOM1202, XCOM1304, 
XSNM3780, XSNM3781, XSNM3782, and XW015 from AREVA SA, the current 
parent company of the license holder to Electricite de France (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 original application was submitted by letter dated April 14, 
2017, titled ``AREVA Internal Reorganization and Indirect Transfer to 
EDF: Request for NRC Consent to License Transfers'' (ADAMS Accession 
No. ML17108A259). The application was supplemented by the following 
documents:
     Letter dated July 14, 2017, titled ``AREVA Internal 
Reorganization and Indirect Transfer to EDF: Request for NRC Consent to 
License Transfers'' (ADAMS Accession No. ML17200C949).
     Letter dated August 31, 2017, titled ``Response to a 
Request for Additional Information Regarding Application for U.S. NRC 
Consent to License Transfers'' (ADAMS Accession No. ML17265A374).
     Letter dated October 4, 2017, titled ``Update to Request 
for NRC Consent to License Transfers'' (ADAMS Accession No. 
ML17283A110).
    Section 184 of the Atomic Energy Act provides ``[n]o license 
granted hereunder and no right to utilize or produce special nuclear 
material granted hereby shall be transferred, assigned or in any manner 
disposed of, either voluntarily or involuntarily, directly or 
indirectly, through transfer of control of any license to any person, 
unless the Commission shall, after securing full information, find that 
the transfer is in accordance with the provisions of this Act, and 
shall give its consent in writing.'' For the part 70 license that AREVA 
Inc. possesses, 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 Sec. Sec.  2.1305 and 110.81. 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.

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

    Within 30 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 parts 2 and 110. Interested persons should 
consult a current copy of 10 CFR 2.309 and 110.82. 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.
    With respect to Material License SNM-1227, 10 CFR 2.309(d) requires 
that the petition 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. Further, 
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.
    With respect to Export Licenses XSNM3471, XSNM3551, XSNM3697, 
XSNM3747, XSOU8833, XCOM1202, XCOM1304, XSNM3780, XSNM3781, XSNM3782, 
and XW015, 10 CFR 110.82 requires petitioners to explain why a hearing 
or an intervention would be in the public interest and how a hearing or 
intervention would assist the Commission in making the determinations 
required by Sec.  110.45.
    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 by 
December 8, 2017. The petition must be filed in accordance

[[Page 51882]]

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 Paragraph 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 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 Paragraph 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

[[Page 51883]]

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 and supplements listed in Section II of this notice.

    Dated at Rockville, Maryland, this 30th day of October, 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. 2017-24239 Filed 11-7-17; 8:45 am]
 BILLING CODE 7590-01-P



                                               51880                    Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                               III. Congressional Review Act                           request a hearing, and petition for leave             Material Safety and Safeguards, U.S.
                                                  This RG is a rule as defined in the                  to intervene; correction.                             Nuclear Regulatory Commission,
                                               Congressional Review Act (5 U.S.C.                                                                            Washington, DC 20555–0001; telephone:
                                                                                                       SUMMARY:   The U.S. Nuclear Regulatory                301–415–7506, email: Kevin.Ramsey@
                                               801–808). However, the Office of                        Commission (NRC) is correcting a notice
                                               Management and Budget has not found                                                                           nrc.gov.
                                                                                                       that was published in the Federal
                                               it to be a major rule as defined in the                 Register on June 29, 2017, regarding an               SUPPLEMENTARY INFORMATION:
                                               Congressional Review Act.                               application for indirect transfer of                  I. Obtaining Information and
                                               IV. Backfitting and Issue Finality                      license filed by AREVA, Inc., on April                Submitting Comments
                                                                                                       14, 2017. This action is necessary to add
                                                  This RG describes the seismic                        licenses that were omitted from the                   A. Obtaining Information
                                               instrumentation criteria, including                     original application. The original                       Please refer to Docket ID NRC–2017–
                                               instrumentation type, locations,                        application requested NRC approval of                 0148 when contacting the NRC about
                                               characteristics, and maintenance, that                  the indirect transfer of Material License             the availability of information for this
                                               the staff of the NRC considers                          SNM–1227, Import License IW009, and                   action. You may obtain publicly-
                                               acceptable for nuclear power plants.                    Export Licenses XSNM3471,                             available information related to this
                                               Issuance of this RG does not constitute                 XSNM3551, XSNM3697, XSNM3747,                         action by any of the following methods:
                                               backfitting as defined in § 50.109 of title             XSOU8833, and XCOM1202, for the                          • Federal Rulemaking Web site: Go to
                                               10 of the Code of the Federal                           Richland, Washington Fuel                             http://www.regulations.gov and search
                                               Regulations (10 CFR), (the Backfit Rule)                Manufacturing Facility from AREVA                     for Docket ID NRC–2017–0148.
                                               and is not otherwise inconsistent with                  SA, the current parent company of the                    • NRC’s Agencywide Documents
                                               the issue finality provisions in 10 CFR                 license holder to Electricite de France               Access and Management System
                                               part 52. As discussed in the                            (EDF). The amended application adds                   (ADAMS): You may obtain publicly-
                                               ‘‘Implementation’’ section of this RG,                  Export Licenses XCOM1304,                             available documents online in the
                                               the NRC has no current intention to                     XSNM3780, XSNM3781, XSNM3782,                         ADAMS Public Documents collection at
                                               impose this guide on holders of current                 and XW015 to the requested action.                    http://www.nrc.gov/reading-rm/
                                               operating licenses or combined licenses.                DATES: Comments and/or a request for a                adams.html. To begin the search, select
                                                  This RG may be applied to                            hearing must be filed by December 8,                  ‘‘ADAMS Public Documents’’ and then
                                               applications for operating licenses,                    2017.                                                 select ‘‘Begin Web-based ADAMS
                                               combined licenses, early site permits,                                                                        Search.’’ For problems with ADAMS,
                                                                                                       ADDRESSES: You may submit comments
                                               and certified design rules docketed by                                                                        please contact the NRC’s Public
                                                                                                       by any of the following methods (unless
                                               the NRC as of the date of issuance of the                                                                     Document Room (PDR) reference staff at
                                                                                                       this document describes a different
                                               final regulatory guide, as well as future                                                                     1–800–397–4209, 301–415–4737, or by
                                                                                                       method for submitting comments on a
                                               applications submitted after the                                                                              email to pdr.resource@nrc.gov. The
                                                                                                       specific subject):
                                               issuance of the regulatory guide. Such                     • Federal Rulemaking Web site: Go to               ADAMS accession number for each
                                               action would not constitute backfitting                 http://www.regulations.gov and search                 document referenced (if it is available in
                                               as defined in the Backfit Rule or be                    for Docket ID NRC–2017–0148. Address                  ADAMS) is provided the first time that
                                               otherwise inconsistent with the                         questions about NRC dockets to Carol                  it is mentioned in this document.
                                               applicable issue finality provision in 10               Gallagher; telephone: 301–415–3463;                      • NRC’s PDR: You may examine and
                                               CFR part 52, inasmuch as such                           email: Carol.Gallagher@nrc.gov. For                   purchase copies of public documents at
                                               applicants or potential applicants are                  technical questions contact the                       the NRC’s PDR, Room O1–F21, One
                                               not within the scope of entities                        individual listed in the FOR FURTHER                  White Flint North, 11555 Rockville
                                               protected by the Backfit Rule or the                    INFORMATION CONTACT section of this                   Pike, Rockville, Maryland 20852.
                                               relevant issue finality provisions in part              document.                                             B. Submitting Comments
                                               52.                                                        • Email comments to:
                                                  Dated at Rockville, Maryland, this 31th day          Hearingdocket@nrc.gov. If you do not                    Please include Docket ID NRC–2017–
                                               of October, 2017.                                       receive an automatic email reply                      0148 in your comment submission.
                                                  For the Nuclear Regulatory Commission.               confirming receipt, then contact us at                  The NRC cautions you not to include
                                               Thomas H. Boyce,                                        301–415–1677.                                         identifying or contact information that
                                               Chief, Regulatory Guidance and Generic                     • Fax comments to: Secretary, U.S.                 you do not want to be publicly
                                               Issues Branch, Division of Engineering, Office          Nuclear Regulatory Commission at 301–                 disclosed in your comment submission.
                                               of Nuclear Regulatory Research.                         415–1101.                                             The NRC posts all comment
                                               [FR Doc. 2017–24333 Filed 11–7–17; 8:45 am]
                                                                                                          • Mail comments to: Secretary, U.S.                submissions at http://
                                                                                                       Nuclear Regulatory Commission,                        www.regulations.gov as well as entering
                                               BILLING CODE 7590–01–P
                                                                                                       Washington, DC 20555–0001, ATTN:                      the comment submissions into ADAMS.
                                                                                                       Rulemakings and Adjudications Staff.                  The NRC does not routinely edit
                                               NUCLEAR REGULATORY                                         • Hand deliver comments to: 11555                  comment submissions to remove
                                               COMMISSION                                              Rockville Pike, Rockville, Maryland                   identifying or contact information.
                                                                                                       20852, between 7:30 a.m. and 4:15 p.m.                  If you are requesting or aggregating
                                               [Docket No. 70–1257; NRC–2017–0148]
                                                                                                       (Eastern Time) Federal workdays;                      comments from other persons for
                                                                                                       telephone: 301–415–1677.                              submission to the NRC, then you should
                                               AREVA, Inc.; Consideration of                              For additional direction on obtaining              inform those persons not to include
ethrower on DSK3G9T082PROD with NOTICES




                                               Approval of Transfer of License;                        information and submitting comments,                  identifying or contact information that
                                               Correction                                              see ‘‘Obtaining Information and                       they do not want to be publicly
                                                                                                       Submitting Comments’’ in the                          disclosed in their comment submission.
                                               AGENCY:  Nuclear Regulatory                             SUPPLEMENTARY INFORMATION section of                  Your request should state that the NRC
                                               Commission.                                             this document.                                        does not routinely edit comment
                                               ACTION: Application for indirect transfer               FOR FURTHER INFORMATION CONTACT:                      submissions to remove such information
                                               of license; opportunity to comment,                     Kevin Ramsey, Office of Nuclear                       before making the comment


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                                                                        Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices                                            51881

                                               submissions available to the public or                  provisions of this Act, and shall give its            the possible effect of any decision or
                                               entering the comment submissions into                   consent in writing.’’ For the part 70                 order which may be entered in the
                                               ADAMS.                                                  license that AREVA Inc. possesses, the                proceeding on the petitioner’s interest.
                                                                                                       Commission will approve an                            Further, in accordance with 10 CFR
                                               II. Introduction
                                                                                                       application for the indirect transfer of a            2.309(f), the petition must also set forth
                                                  The NRC is considering the issuance                  license if the Commission determines                  the specific contentions which the
                                               of an order under Section 184 of the                    that the proposed transfer of controlling             petitioner seeks to have litigated in the
                                               Atomic Energy Act, as amended, and                      interest will not affect the qualifications           proceeding. Each contention must
                                               § 70.36 of title 10 of the Code of Federal              of the licensee to hold the license and               consist of a specific statement of the
                                               Regulations (10 CFR), approving the                     that the licensee has provided the                    issue of law or fact to be raised or
                                               indirect transfer of control of the                     financial assurance for                               controverted. In addition, the petitioner
                                               AREVA Richland Fuel Fabrication                         decommissioning required by 10 CFR                    must provide a brief explanation of the
                                               Facility, Material License SNM–1227,                    70.25.                                                bases for the contention and a concise
                                               Import License IW009, and Export                                                                              statement of the alleged facts or expert
                                               Licenses XSNM3471, XSNM3551,                            III. Opportunity To Comment
                                                                                                                                                             opinion which support the contention
                                               XSNM3697, XSNM3747, XSOU8833,                              Within 30 days from the date of                    and on which the petitioner intends to
                                               XCOM1202, XCOM1304, XSNM3780,                           publication of this notice, persons may               rely in proving the contention at the
                                               XSNM3781, XSNM3782, and XW015                           submit written comments regarding the                 hearing. The petitioner must also
                                               from AREVA SA, the current parent                       license transfer application, as provided             provide references to the specific
                                               company of the license holder to                        for in §§ 2.1305 and 110.81. The                      sources and documents on which the
                                               Electricite de France (EDF).                            Commission will consider and, if                      petitioner intends to rely to support its
                                                  According to the application for                     appropriate, respond to these                         position on the issue. The petition must
                                               approval filed by AREVA, Inc., the                      comments, but such comments will not                  include sufficient information to show
                                               transaction will result in a transfer of                otherwise constitute part of the                      that a genuine dispute exists with the
                                               controlling interest in AREVA SA’s                      decisional record. Comments should be                 applicant or licensee on a material issue
                                               nuclear power business from its current                 submitted as described in the                         of law or fact. Contentions must be
                                               parent company (AREVA SA) to EDF.                       ADDRESSES section of this document.                   limited to matters within the scope of
                                               AREVA, Inc., which is a North                           IV. Opportunity To Request a Hearing                  the proceeding. The contention must be
                                               American subsidiary of AREVA SA, will                   and Petition for Leave To Intervene                   one which, if proven, would entitle the
                                               continue to operate the facility and hold                                                                     petitioner to relief. A petitioner who
                                               the licenses.                                              Within 30 days after the date of                   fails to satisfy the requirements at 10
                                                  No physical changes to the Richland                  publication of this notice, any persons               CFR 2.309(f) with respect to at least one
                                               Fuel Fabrication Facility or operational                (petitioner) whose interest may be                    contention will not be permitted to
                                               changes are being proposed in the                       affected by this action may file a request            participate as a party.
                                               application.                                            for a hearing and petition for leave to                  With respect to Export Licenses
                                                  The original application was                         intervene (petition) with respect to the              XSNM3471, XSNM3551, XSNM3697,
                                               submitted by letter dated April 14, 2017,               action. Petitions shall be filed in                   XSNM3747, XSOU8833, XCOM1202,
                                               titled ‘‘AREVA Internal Reorganization                  accordance with the Commission’s                      XCOM1304, XSNM3780, XSNM3781,
                                               and Indirect Transfer to EDF: Request                   ‘‘Agency Rules of Practice and                        XSNM3782, and XW015, 10 CFR 110.82
                                               for NRC Consent to License Transfers’’                  Procedure’’ in 10 CFR parts 2 and 110.                requires petitioners to explain why a
                                               (ADAMS Accession No. ML17108A259).                      Interested persons should consult a                   hearing or an intervention would be in
                                               The application was supplemented by                     current copy of 10 CFR 2.309 and                      the public interest and how a hearing or
                                               the following documents:                                110.82. The NRC’s regulations are                     intervention would assist the
                                                  • Letter dated July 14, 2017, titled                 accessible electronically from the NRC                Commission in making the
                                               ‘‘AREVA Internal Reorganization and                     Library on the NRC’s Web site at http://              determinations required by § 110.45.
                                               Indirect Transfer to EDF: Request for                   www.nrc.gov/reading-rm/doc-                              Petitions must be filed no later than
                                               NRC Consent to License Transfers’’                      collections/cfr/. Alternatively, a copy of            20 days from the date of publication of
                                               (ADAMS Accession No. ML17200C949).                      the regulations is available at the NRC’s             this notice. Petitions and motions for
                                                  • Letter dated August 31, 2017, titled               Public Document Room, located at One                  leave to file new or amended
                                               ‘‘Response to a Request for Additional                  White Flint North, Room O1–F21, 11555                 contentions that are filed after the
                                               Information Regarding Application for                   Rockville Pike (first floor), Rockville,              deadline will not be entertained absent
                                               U.S. NRC Consent to License Transfers’’                 Maryland 20852. If a petition is filed,               a determination by the presiding officer
                                               (ADAMS Accession No. ML17265A374).                      the Commission or a presiding officer                 that the filing demonstrates good cause
                                                  • Letter dated October 4, 2017, titled               will rule on the petition and, if                     by satisfying the three factors in 10 CFR
                                               ‘‘Update to Request for NRC Consent to                  appropriate, a notice of a hearing will be            2.309(c)(1)(i) through (iii). The petition
                                               License Transfers’’ (ADAMS Accession                    issued.                                               must be filed in accordance with the
                                               No. ML17283A110).                                          With respect to Material License                   filing instructions in the ‘‘Electronic
                                                  Section 184 of the Atomic Energy Act                 SNM–1227, 10 CFR 2.309(d) requires                    Submissions (E-Filing)’’ section of this
                                               provides ‘‘[n]o license granted                         that the petition specifically explain the            document.
                                               hereunder and no right to utilize or                    reasons why intervention should be                       A State, local governmental body,
                                               produce special nuclear material                        permitted with particular reference to                Federally-recognized Indian Tribe, or
                                               granted hereby shall be transferred,                    the following general requirements for                agency thereof, may submit a petition to
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                                               assigned or in any manner disposed of,                  standing: (1) The name, address, and                  the Commission to participate as a party
                                               either voluntarily or involuntarily,                    telephone number of the petitioner; (2)               under 10 CFR 2.309(h)(1). The petition
                                               directly or indirectly, through transfer of             the nature of the petitioner’s right under            should state the nature and extent of the
                                               control of any license to any person,                   the Act to be made a party to the                     petitioner’s interest in the proceeding.
                                               unless the Commission shall, after                      proceeding; (3) the nature and extent of              The petition should be submitted to the
                                               securing full information, find that the                the petitioner’s property, financial, or              Commission by December 8, 2017. The
                                               transfer is in accordance with the                      other interest in the proceeding; and (4)             petition must be filed in accordance


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                                               51882                    Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices

                                               with the filing instructions in the                     representative) to digitally sign                        Participants who believe that they
                                               ‘‘Electronic Submissions (E-Filing)’’                   submissions and access the E-Filing                   have a good cause for not submitting
                                               section of this document, and should                    system for any proceeding in which it                 documents electronically must file an
                                               meet the requirements for petitions set                 is participating; and (2) advise the                  exemption request, in accordance with
                                               forth in this section. Alternatively, a                 Secretary that the participant will be                10 CFR Paragraph 2.302(g), with their
                                               State, local governmental body,                         submitting a petition or other                        initial paper filing stating why there is
                                               Federally-recognized Indian Tribe, or                   adjudicatory document (even in                        good cause for not filing electronically
                                               agency thereof may participate as a non-                instances in which the participant, or its            and requesting authorization to
                                               party under 10 CFR 2.315(c).                            counsel or representative, already holds              continue to submit documents in paper
                                                  If a hearing is granted, any person                  an NRC-issued digital ID certificate).                format. Such filings must be submitted
                                               who is not a party to the proceeding and                Based upon this information, the                      by: (1) First class mail addressed to the
                                               is not affiliated with or represented by                Secretary will establish an electronic                Office of the Secretary of the
                                               a party may, at the discretion of the                   docket for the hearing in this proceeding             Commission, U.S. Nuclear Regulatory
                                               presiding officer, be permitted to make                 if the Secretary has not already                      Commission, Washington, DC 20555–
                                               a limited appearance pursuant to the                    established an electronic docket.                     0001, Attention: Rulemaking and
                                               provisions of 10 CFR 2.315(a). A person                    Information about applying for a                   Adjudications Staff; or (2) courier,
                                               making a limited appearance may make                    digital ID certificate is available on the            express mail, or expedited delivery
                                               an oral or written statement of his or her              NRC’s public Web site at http://                      service to the Office of the Secretary,
                                               position on the issues but may not                      www.nrc.gov/site-help/e-submittals/                   11555 Rockville Pike, Rockville,
                                               otherwise participate in the proceeding.                getting-started.html. Once a participant              Maryland 20852, Attention: Rulemaking
                                               A limited appearance may be made at                     has obtained a digital ID certificate and             and Adjudications Staff. Participants
                                               any session of the hearing or at any                    a docket has been created, the                        filing adjudicatory documents in this
                                               prehearing conference, subject to the                   participant can then submit                           manner are responsible for serving the
                                               limits and conditions as may be                         adjudicatory documents. Submissions                   document on all other participants.
                                               imposed by the presiding officer. Details               must be in Portable Document Format                   Filing is considered complete by first-
                                               regarding the opportunity to make a                     (PDF). Additional guidance on PDF                     class mail as of the time of deposit in
                                               limited appearance will be provided by                  submissions is available on the NRC’s                 the mail, or by courier, express mail, or
                                               the presiding officer if such sessions are              public Web site at http://www.nrc.gov/                expedited delivery service upon
                                               scheduled.                                              site-help/electronic-sub-ref-mat.html. A              depositing the document with the
                                                                                                       filing is considered complete at the time             provider of the service. A presiding
                                               V. Electronic Submissions (E-Filing)
                                                                                                       the document is submitted through the                 officer, having granted an exemption
                                                  All documents filed in NRC                           NRC’s E-Filing system. To be timely, an
                                               adjudicatory proceedings, including a                                                                         request from using E-Filing, may require
                                                                                                       electronic filing must be submitted to                a participant or party to use E-Filing if
                                               request for hearing and petition for                    the E-Filing system no later than 11:59
                                               leave to intervene (petition), any motion                                                                     the presiding officer subsequently
                                                                                                       p.m. Eastern Time on the due date.                    determines that the reason for granting
                                               or other document filed in the                          Upon receipt of a transmission, the E-
                                               proceeding prior to the submission of a                                                                       the exemption from use of E-Filing no
                                                                                                       Filing system time-stamps the document                longer exists.
                                               request for hearing or petition to                      and sends the submitter an email notice
                                               intervene, and documents filed by                       confirming receipt of the document. The                  Documents submitted in adjudicatory
                                               interested governmental entities that                   E-Filing system also distributes an email             proceedings will appear in the NRC’s
                                               request to participate under 10 CFR                     notice that provides access to the                    electronic hearing docket which is
                                               Paragraph 2.315(c), must be filed in                    document to the NRC’s Office of the                   available to the public at https://
                                               accordance with the NRC’s E-Filing rule                 General Counsel and any others who                    adams.nrc.gov/ehd, unless excluded
                                               (72 FR 49139; August 28, 2007, as                       have advised the Office of the Secretary              pursuant to an order of the Commission
                                               amended at 77 FR 46562, August 3,                       that they wish to participate in the                  or the presiding officer. If you do not
                                               2012). The E-Filing process requires                    proceeding, so that the filer need not                have an NRC-issued digital ID certificate
                                               participants to submit and serve all                    serve the document on those                           as described above, click cancel when
                                               adjudicatory documents over the                         participants separately. Therefore,                   the link requests certificates and you
                                               internet, or in some cases to mail copies               applicants and other participants (or                 will be automatically directed to the
                                               on electronic storage media. Detailed                   their counsel or representative) must                 NRC’s electronic hearing dockets where
                                               guidance on making electronic                           apply for and receive a digital ID                    you will be able to access any publicly
                                               submissions may be found in the                         certificate before adjudicatory                       available documents in a particular
                                               Guidance for Electronic Submissions to                  documents are filed so that they can                  hearing docket. Participants are
                                               the NRC and on the NRC’s Web site at                    obtain access to the documents via the                requested not to include personal
                                               http://www.nrc.gov/site-help/e-                         E-Filing system.                                      privacy information, such as Social
                                               submittals.html. Participants may not                      A person filing electronically using               Security numbers, home addresses, or
                                               submit paper copies of their filings                    the NRC’s adjudicatory E-Filing system                personal phone numbers in their filings,
                                               unless they seek an exemption in                        may seek assistance by contacting the                 unless an NRC regulation or other law
                                               accordance with the procedures                          NRC’s Electronic Filing Help Desk                     requires submission of such
                                               described below.                                        through the ‘‘Contact Us’’ link located               information. For example, in some
                                                  To comply with the procedural                        on the NRC’s public Web site at http://               instances, individuals provide home
                                               requirements of E-Filing, at least 10                   www.nrc.gov/site-help/e-                              addresses in order to demonstrate
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                                               days prior to the filing deadline, the                  submittals.html, by email to                          proximity to a facility or site. With
                                               participant should contact the Office of                MSHD.Resource@nrc.gov, or by a toll-                  respect to copyrighted works, except for
                                               the Secretary by email at                               free call at 1–866–672–7640. The NRC                  limited excerpts that serve the purpose
                                               hearing.docket@nrc.gov, or by telephone                 Electronic Filing Help Desk is available              of the adjudicatory filings and would
                                               at 301–415–1677, to (1) request a digital               between 9 a.m. and 6 p.m., Eastern                    constitute a Fair Use application,
                                               identification (ID) certificate, which                  Time, Monday through Friday,                          participants are requested not to include
                                               allows the participant (or its counsel or               excluding government holidays.                        copyrighted materials in their


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                                                                        Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Notices                                           51883

                                               submission. The Commission will issue                   SUPPLEMENTARY INFORMATION:     As                     OFFICE OF PERSONNEL
                                               a notice or order granting or denying a                 required by the Paperwork Reduction                   MANAGEMENT
                                               hearing request or intervention petition,               Act of 1995 (Pub. L. 104–13, 44 U.S.C.
                                               designating the issues for any hearing                  chapter 35) as amended by the Clinger-                Submission for Review: Financial
                                               that will be held and designating the                   Cohen Act (Pub. L. 104–106), OPM is                   Resources Questionnaire (RI 34–1, RI
                                               Presiding Officer. A notice granting a                  soliciting comments for this collection               34–17, and RI 34–18) and Notice of
                                               hearing will be published in the Federal                (OMB No. 3206–0197). The Office of                    Amount Due Because of Annuity
                                               Register and served on the parties to the               Management and Budget is particularly                 Overpayment (RI 34–3, RI 34–19, and
                                               hearing.                                                interested in comments that:                          RI 34–20)
                                                 For further details with respect to this
                                               application, see the application and                      1. Evaluate whether the proposed                    AGENCY:  Office of Personnel
                                               supplements listed in Section II of this                collection of information is necessary                Management.
                                               notice.                                                 for the proper performance of functions               ACTION: 60-Day Notice and request for
                                                                                                       of the agency, including whether the                  comments.
                                                 Dated at Rockville, Maryland, this 30th day
                                                                                                       information will have practical utility;
                                               of October, 2017.
                                                                                                         2. Evaluate the accuracy of the                     SUMMARY:   The Retirement Services,
                                                 For the Nuclear Regulatory Commission.
                                                                                                       agency’s estimate of the burden of the                Office of Personnel Management (OPM)
                                               Craig G. Erlanger,                                                                                            offers the general public and other
                                               Director, Division of Fuel Cycle Safety,                proposed collection of information,
                                                                                                       including the validity of the                         federal agencies the opportunity to
                                               Safeguards, and Environmental Review,                                                                         comment on revised information
                                               Office of Nuclear Material Safety and                   methodology and assumptions used;
                                               Safeguards.
                                                                                                                                                             collection requests (ICR), Financial
                                                                                                         3. Enhance the quality, utility, and                Resources Questionnaire (RI 34–1, RI
                                               [FR Doc. 2017–24239 Filed 11–7–17; 8:45 am]             clarity of the information to be                      34–17, and RI 34–18) and Notice of
                                               BILLING CODE 7590–01–P                                  collected; and                                        Amount Due Because Of Annuity
                                                                                                         4. Minimize the burden of the                       Overpayment (RI 34–3, RI 34–19, and RI
                                                                                                       collection of information on those who                34–20).
                                               OFFICE OF PERSONNEL                                     are to respond, including through the                 DATES: Comments are encouraged and
                                               MANAGEMENT
                                                                                                       use of appropriate automated,                         will be accepted until January 8, 2018.
                                               Submission for Review: Verification of                  electronic, mechanical, or other                      ADDRESSES: Interested persons are
                                               Who Is Getting Payments, RI 38–107                      technological collection techniques or                invited to submit written comments on
                                               and RI 38–147                                           other forms of information technology,                the proposed information collection to
                                                                                                       e.g., permitting electronic submissions               Retirement Services, U.S. Office of
                                               AGENCY:  Office of Personnel                            of responses.                                         Personnel Management, 1900 E Street
                                               Management.
                                                                                                         Form RI 38–107 is designed for use by               NW., Washington, DC 20415, Attention:
                                               ACTION: 60-Day Notice and request for                                                                         Alberta Butler, Room 2347–E, or sent
                                                                                                       the Retirement Inspection Branch when
                                               comments.                                                                                                     via electronic mail to Alberta.Butler@
                                                                                                       OPM, for any reason, must verify that
                                               SUMMARY:   The Retirement Services,                     the entitled person is indeed receiving               opm.gov.
                                               Office of Personnel Management (OPM)                    the monies payable. RI 38–147 collects                FOR FURTHER INFORMATION CONTACT:     A
                                               offers the general public and other                     the same information and is used by                   copy of this ICR with applicable
                                               federal agencies the opportunity to                     other groups within Retirement                        supporting documentation, may be
                                               comment on an extension without                         Operations. Failure to collect this                   obtained by contacting the Retirement
                                               change of a currently approved                          information would cause OPM to pay                    Services Publications Team, Office of
                                               information collection requests (ICR),                  monies absent the assurance of a correct              Personnel Management, 1900 E Street,
                                               Verification of Who is Getting                          payee.                                                NW., Room 3316–L, Washington, DC
                                               Payments, RI 38–107 and RI 38–147.                                                                            20415, Attention: Cyrus S. Benson, or
                                                                                                       Analysis
                                               DATES: Comments are encouraged and                                                                            sent via electronic mail to
                                               will be accepted until January 8, 2018.                   Agency: Retirement Operations,                      Cyrus.Benson@opm.gov or faxed to
                                               ADDRESSES: Interested persons are                       Retirement Services, Office of Personnel              (202) 606–0910.
                                               invited to submit written comments on                   Management.                                           SUPPLEMENTARY INFORMATION: As
                                               the proposed information collection to                    Title: Verification of Who is Getting               required by the Paperwork Reduction
                                               Retirement Services, U.S. Office of                     Payments.                                             Act of 1995 (Pub. L. 104–13, 44 U.S.C.
                                               Personnel Management, 1900 E Street                                                                           chapter 35) as amended by the Clinger-
                                               NW., Washington, DC 20415, Attention:                     OMB Number: 3206–0197.
                                                                                                                                                             Cohen Act (Pub. L. 104–106), OPM is
                                               Alberta Butler, Room 2347–E, or sent                      Frequency: On occasion.                             soliciting comments for this collection
                                               via electronic mail to Alberta.Butler@                    Affected Public: Individuals or                     (OMB No. 3206–0167). The Office of
                                               opm.gov.                                                Households.                                           Management and Budget is particularly
                                               FOR FURTHER INFORMATION CONTACT: A                                                                            interested in comments that:
                                                                                                         Number of Respondents: 25,400.
                                               copy of this ICR with applicable                                                                                1. Evaluate whether the proposed
                                               supporting documentation, may be                          Estimated Time Per Respondent: 10                   collection of information is necessary
                                               obtained by contacting the Retirement                   minutes.                                              for the proper performance of functions
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                                               Services Publications Team, Office of                     Total Burden Hours: 4,234 hours.                    of the agency, including whether the
                                               Personnel Management, 1900 E Street                     U.S. Office of Personnel Management.
                                                                                                                                                             information will have practical utility;
                                               NW., Room 3316–L, Washington, DC                                                                                2. Evaluate the accuracy of the
                                                                                                       Kathleen M. McGettigan,
                                               20415, Attention: Cyrus S. Benson, or                                                                         agency’s estimate of the burden of the
                                               sent via electronic mail to                             Acting Director.                                      proposed collection of information,
                                               Cyrus.Benson@opm.gov or faxed to                        [FR Doc. 2017–24303 Filed 11–7–17; 8:45 am]           including the validity of the
                                               (202) 606–0910.                                         BILLING CODE 6325–38–P                                methodology and assumptions used;


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Document Created: 2017-11-08 01:20:33
Document Modified: 2017-11-08 01:20:33
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; correction.
DatesComments and/or a request for a hearing must be filed by December 8, 2017.
ContactKevin Ramsey, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7506, email: [email protected]
FR Citation82 FR 51880 

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