82 FR 59660 - Johns Hopkins Applied Physics Laboratory
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 240 (December 15, 2017)
Federal Register Volume 82, Issue 240 (December 15, 2017)
| Page Range | 59660-59664 | |
| FR Document | 2017-27031 |
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)] [Notices] [Pages 59660-59664] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27031] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 70-7028; NRC-2017-0233] Johns Hopkins Applied Physics Laboratory AGENCY: U.S. Nuclear Regulatory Commission. ACTION: License 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 from the Johns Hopkins Applied Physics Laboratory for a license which authorizes possession and use of Special Nuclear Materials (SNM) for analytical or scientific research and development. The license application request contains sensitive unclassified non- safeguards information (SUNSI). DATES: A request for a hearing or petition for leave to intervene must be filed by February 13, 2018. Any potential party, as defined in Sec. 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 December 26, 2017. ADDRESSES: Please refer to Docket ID NRC-2017-0233 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 website: Go to http://www.regulations.gov and search for Docket ID: NRC-2017-0233. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select [[Page 59661]] ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Merritt N. Baker, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001: telephone: 301-415-7119: email: Merritt.Baker@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) has received, by letter dated December 23, 2016 (ADAMS Accession No. ML17013A240), from the Johns Hopkins Applied Physics Laboratory (JH/APL), an application to possess and use SNM in an amount less than the maximum amount described as a Category III quantity as defined in 10 CFR 70.4. If the NRC approves the application, JH/APL will possess, store, and use SNM in sealed test objects for general use in analytical or scientific research and development. The application is available at ADAMS Accession No. ML17018A080. An NRC administrative completeness review found the application acceptable for a technical review (ADAMS Accession No. ML17058A414). Prior to approving the 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 (SER) and an environmental assessment. II. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's website 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 no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the ``Electronic Submissions (E-Filing)'' section of this document, and should meet the requirements for petitions set forth in this section. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled. 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 [[Page 59662]] 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 website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC- issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC's public website 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 website 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 website at http://www.nrc.gov/site-help/e-submittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672- 7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. 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 information (including Sensitive Unclassified Non- Safeguards Information (SUNSI). Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. 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 or SGI. 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 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, SGI, or both 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. [[Page 59663]] 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 Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 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) If the request is for SUNSI, 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. For requests for access to SUNSI, 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 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 with respect to access to SUNSI 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. H. Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. 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\ 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- Dated at Rockville, Maryland, this 11th day of December 2017. For the U.S. Nuclear Regulatory Commission. Annette L. Vietti-Cook, 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). [[Page 59664]] 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 opportunity to request a hearing and petition for leave to intervene), 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. ------------------------------------------------------------------------ [FR Doc. 2017-27031 Filed 12-14-17; 8:45 am] BILLING CODE 7590-01-P
![59660 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices
‘‘expanded service offering,’’ the CRJs factors to consider could include how willing buyer/willing seller standard
should consider the degree to which many additional or fewer channels there under section 114(f)(2).
making the existing service offering are, how many channels offer different
accessible outside the home of the programming, and how different that November 20, 2017.
subscriber constitutes a fundamental programming is. One should also Karyn Temple Claggett,
change to the offering. One notable fact consider the reasons why any such Acting Register of Copyrights and Director
about PSS offerings in 1998 is that they differences exist. For example, if the of the U.S. Copyright Office.
were all limited to listening to music service offering in question has more [FR Doc. 2017–27088 Filed 12–14–17; 8:45 am]
within the subscriber’s home. Indeed, in channels because of some benefit the BILLING CODE 1410–30–P
the first ratesetting proceeding under internet affords, such as greater
the DPRSRA, portable listening does not bandwidth or different contractual
appear to have been considered and the arrangements with cable operators, then NUCLEAR REGULATORY
final rate was based on a percentage of it would be taking advantage of the COMMISSION
gross revenues ‘‘resulting from capabilities of the internet as a
residential services in the United transmission medium. Depending on [Docket No. 70–7028; NRC–2017–0233]
States’’ 86—which is how the rate is the evaluation of the other factors
Johns Hopkins Applied Physics
currently calculated.87 To be sure, discussed above and how much weight
Laboratory
technological developments since that is ultimately given to the difference in
time have made it easier to deliver channels in an overall comparison AGENCY: U.S. Nuclear Regulatory
digital audio transmissions outside the between the service offerings, it may or Commission.
home (including over mobile networks). may not be enough to disqualify the ACTION: License application;
But, at least in the cable television offering from the grandfathered royalty opportunity to request a hearing and to
market, there appears to be a distinction calculation method. The number and petition for leave to intervene; order
drawn between accessing content type of customers should be similarly imposing procedures.
within the home and accessing that compared.
same content outside of it.88 To be clear, At the same time, the Register agrees SUMMARY: The U.S. Nuclear Regulatory
this distinction is one based on the with Music Choice that differences in a Commission (NRC) has received an
location where the PSS offering is service offering that directly and solely application from the Johns Hopkins
consumed, not the type of device on result from the imposition of the section Applied Physics Laboratory for a license
which the service is accessed. If the 114(d)(2)(C) requirements that do not which authorizes possession and use of
service offering is available through an apply to the existing service offering Special Nuclear Materials (SNM) for
internet-connected smartphone or (which is subject to section analytical or scientific research and
tablet, but is designed so that the service 114(d)(2)(B)), should not alone development. The license application
offering will only work when accessed disqualify it from the grandfathered rate. request contains sensitive unclassified
within the confines of the subscriber’s Similarly, minor differences in the user non-safeguards information (SUNSI).
residence, then it would be within the interface necessitated by the change in DATES: A request for a hearing or
home and more similar to the PSS medium also should not alone
petition for leave to intervene must be
entity’s existing cable or satellite service disqualify the service offering, even if
filed by February 13, 2018. Any
offering. they are perceived as an advantage
potential party, as defined in § 2.4 of
As the second referred question offered by the medium. For example, a
title 10 of the Code of Federal
specifically asks about differences in service offering should not be
Regulations (10 CFR), who believes
channel offerings and customers, the disqualified from being an expanded
access to SUNSI is necessary to respond
Register offers the following guidance. service offering merely because instead
to this notice must request document
In comparing the number and type of of needing to press a button on a remote
access by December 26, 2017.
channels offered by a service offering to control, the user can click a mouse or
an existing service offering, examples of navigate using a touch screen. ADDRESSES: Please refer to Docket ID
Additionally, minor differences in NRC–2017–0233 when contacting the
86 See 63 FR at 25414 (to be codified at 37 CFR visual presentation, such as having a NRC about the availability of
260.2(a)) (emphasis added); see also CARP Report different aspect ratio or displaying less information for this action. You may
¶ 109 (‘‘The Panel finds that the Services are obtain publicly-available information
primarily responsible for creating a new media and
content due to differences in screen
market for digital music subscription services for size, would not be so significant as to related to this action by any of the
residential consumers.’’) (emphasis added). It also disqualify a service offering from being following methods:
bears noting that in the last rate proceeding, the an expanded service offering. • Federal Rulemaking website: Go to
CRJs deleted the word ‘‘Residential’’ and its http://www.regulations.gov and search
definition from the rate provision for preexisting D. CRJs’ Ability to Set Different Rates for Docket ID: NRC–2017–0233. Address
satellite digital audio radio services because it was
argued that ‘‘the concept is a confusing artifact of In closing, the Register briefly notes questions about NRC dockets to Carol
a comparable term used in the PSS regulations’’ that, even if a service offering qualifies Gallagher; telephone: 301–415–3463;
because ‘‘the SDARS service is not primarily for the grandfathered method of setting email: Carol.Gallagher@nrc.gov. For
residential in terms of being delivered to homes and
the term residential subscriber simply means a rates, the CRJs still have the authority technical questions, contact the
subscriber,’’ yet the term remained for purposes of under section 114(f)(1)(A) to individual listed in the FOR FURTHER
the PSS rate. 78 FR at 23074–75, 23096, 23098 ‘‘distinguish among the different types INFORMATION CONTACT section of this
(internal quotation marks omitted). of digital audio transmission services document.
sradovich on DSK3GMQ082PROD with NOTICES
87 37 CFR 382.3(a).
88 See, e.g., Out of Home—XFINITY Stream App
. . . in operation.’’ Thus, if there are • NRC’s Agencywide Documents
Error Message, XFINITY, https://www.xfinity.com/ material differences between an existing Access and Management System
support/xfinity-apps/xfinity-tv-app-unable-to- service offering and an expanded (ADAMS): You may obtain publicly-
connect/ (last visited Nov. 17, 2017) (‘‘In order to service offering, the CRJs can set available documents online in the
watch live TV or XFINITY On Demand content
using the XFINITY Stream app, you’ll need to be
separate rates and terms based on those ADAMS Public Documents collection at
connected to your in-home XFINITY WiFi differences, albeit using the section http://www.nrc.gov/reading-rm/
network.’’). 801(b)(1) standard, and not under the adams.html. To begin the search, select
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![59664 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices
Day Event/activity
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 in-
forms any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the in-
formation.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document proc-
essing (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 protec-
tive 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 opportunity to request a hearing and petition for leave to intervene), 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.
[FR Doc. 2017–27031 Filed 12–14–17; 8:45 am] (Contact: Damaris Marcano: 301– The NRC provides reasonable
BILLING CODE 7590–01–P 415–7328) accommodation to individuals with
This meeting will be webcast live at disabilities where appropriate. If you
the Web address—http://www.nrc.gov/. need a reasonable accommodation to
NUCLEAR REGULATORY participate in these public meetings, or
COMMISSION Week of January 22, 2018—Tentative need this meeting notice or the
[NRC–2017–0001] Tuesday, January 23, 2018 transcript or other information from the
public meetings in another format (e.g.,
Sunshine Act Meeting Notice 9:00 a.m. Hearing on Construction braille, large print), please notify
Permit for Northwest Medical
Kimberly Meyer, NRC Disability
DATE: Weeks of December 18, 25, 2017, Isotopes Production Facility:
Program Manager, at 301–287–0739, by
January 1, 8, 15, 22, 2018. Section 189a of the Atomic Energy
Act Proceeding (Public Meeting) videophone at 240–428–3217, or by
PLACE: Commissioners’ Conference email at Kimberly.Meyer-Chambers@
Room, 11555 Rockville Pike, Rockville, (Contact: Michael Balazik: 301–
415–2856) nrc.gov. Determinations on requests for
Maryland. reasonable accommodation will be
STATUS: Public and Closed. This meeting will be webcast live at made on a case-by-case basis.
the Web address—http://www.nrc.gov/.
Week of December 18, 2017 * * * * *
Thursday, January 25, 2018
There are no meetings scheduled for Members of the public may request to
the week of December 18, 2017. 10:00 a.m. Strategic Programmatic receive this information electronically.
Overview of the New Reactors If you would like to be added to the
Week of December 25, 2017—Tentative Business Line (Public Meeting) distribution, please contact the Nuclear
There are no meetings scheduled for (Contact: Donna Williams: 301– Regulatory Commission, Office of the
the week of December 25, 2017. 415–1322) Secretary, Washington, DC 20555 (301–
Week of January 1, 2018—Tentative This meeting will be webcast live at 415–1969), or email Patricia.Jimenez@
the Web address—http://www.nrc.gov/. nrc.gov or Jennifer.BorgesRoman@
There are no meetings scheduled for nrc.gov.
the week of January 1, 2018. * * * * *
The schedule for Commission Dated: December 12, 2017.
Week of January 8, 2018—Tentative meetings is subject to change on short Denise L. McGovern,
There are no meetings scheduled for notice. For more information or to verify Policy Coordinator, Office of the Secretary.
the week of January 8, 2018. the status of meetings, contact Denise [FR Doc. 2017–27136 Filed 12–13–17; 11:15 am]
McGovern at 301–415–0681 or via email
sradovich on DSK3GMQ082PROD with NOTICES
Week of January 15, 2018—Tentative at Denise.McGovern@nrc.gov. BILLING CODE 7590–01–P
Thursday, January 18, 2018 * * * * *
9:00 a.m. Strategic Programmatic The NRC Commission Meeting
Overview of the Decommissioning Schedule can be found on the internet
and Low-Level Waste and Spent at: http://www.nrc.gov/public-involve/
Fuel Storage and Transportation public-meetings/schedule.html.
Business Lines (Public Meeting) * * * * *
VerDate Sep<11>2014 23:42 Dec 14, 2017 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 9990 E:\FR\FM\15DEN1.SGM 15DEN1](https://thefederalregister.org/doc/82_FR_59900/page/5.svg)
Document Created: 2017-12-15 03:37:34
Document Modified: 2017-12-15 03:37:34
| 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 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 February 13, 2018. Any potential party, as defined in Sec. 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 December 26, 2017. | |
| Contact | Merritt N. Baker, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001: telephone: 301-415-7119: email: [email protected] | |
| FR Citation | 82 FR 59660 |
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