82_FR_59900 82 FR 59660 - Johns Hopkins Applied Physics Laboratory

82 FR 59660 - Johns Hopkins Applied Physics Laboratory

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 240 (December 15, 2017)

Page Range59660-59664
FR Document2017-27031

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).

Federal Register, Volume 82 Issue 240 (Friday, December 15, 2017)
[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]


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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.

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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.
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    \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.
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    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.
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    \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.

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    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.
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                                                   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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                                                                            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                           59661

                                                ‘‘ADAMS Public Documents’’ and then                     of 10 CFR 2.309. The NRC’s regulations                evidence, consistent with the NRC’s
                                                select ‘‘Begin Web-based ADAMS                          are accessible electronically from the                regulations, policies, and procedures.
                                                Search.’’ For problems with ADAMS,                      NRC Library on the NRC’s website at                      Petitions must be filed no later than
                                                please contact the NRC’s Public                         http://www.nrc.gov/reading-rm/doc-                    60 days from the date of publication of
                                                Document Room (PDR) reference staff at                  collections/cfr/. Alternatively, a copy of            this notice. Petitions and motions for
                                                1–800–397–4209, 301–415–4737, or by                     the regulations is available at the NRC’s             leave to file new or amended
                                                email to pdr.resource@nrc.gov. The                      Public Document Room, located at One                  contentions that are filed after the
                                                ADAMS accession number for each                         White Flint North, Room O1–F21, 11555                 deadline will not be entertained absent
                                                document referenced (if it is available in              Rockville Pike (first floor), Rockville,              a determination by the presiding officer
                                                ADAMS) is provided the first time that                  Maryland 20852. If a petition is filed,               that the filing demonstrates good cause
                                                it is mentioned in this document.                       the Commission or a presiding officer                 by satisfying the three factors in 10 CFR
                                                   • NRC’s PDR: You may examine and                     will rule on the petition and, if                     2.309(c)(1)(i) through (iii). The petition
                                                purchase copies of public documents at                  appropriate, a notice of a hearing will be            must be filed in accordance with the
                                                the NRC’s PDR, Room O1–F21, One                         issued.                                               filing instructions in the ‘‘Electronic
                                                White Flint North, 11555 Rockville                         As required by 10 CFR 2.309(d) the                 Submissions (E-Filing)’’ section of this
                                                Pike, Rockville, Maryland 20852.                        petition should specifically explain the              document.
                                                FOR FURTHER INFORMATION CONTACT:                        reasons why intervention should be                       A State, local governmental body,
                                                Merritt N. Baker, Office of Nuclear                     permitted with particular reference to                Federally-recognized Indian Tribe, or
                                                                                                        the following general requirements for                agency thereof, may submit a petition to
                                                Materials Safety and Safeguards, U.S.
                                                                                                        standing: (1) The name, address, and                  the Commission to participate as a party
                                                Nuclear Regulatory Commission,
                                                                                                        telephone number of the petitioner; (2)               under 10 CFR 2.309(h)(1). The petition
                                                Washington, DC 20555–0001: telephone:
                                                                                                        the nature of the petitioner’s right under            should state the nature and extent of the
                                                301–415–7119: email: Merritt.Baker@
                                                                                                        the Act to be made a party to the                     petitioner’s interest in the proceeding.
                                                nrc.gov.
                                                                                                        proceeding; (3) the nature and extent of              The petition should be submitted to the
                                                SUPPLEMENTARY INFORMATION:                                                                                    Commission no later than 60 days from
                                                                                                        the petitioner’s property, financial, or
                                                I. Introduction                                                                                               the date of publication of this notice.
                                                                                                        other interest in the proceeding; and (4)
                                                                                                                                                              The petition must be filed in accordance
                                                   The U.S. Nuclear Regulatory                          the possible effect of any decision or
                                                                                                                                                              with the filing instructions in the
                                                Commission (NRC) has received, by                       order which may be entered in the
                                                                                                                                                              ‘‘Electronic Submissions (E-Filing)’’
                                                letter dated December 23, 2016 (ADAMS                   proceeding on the petitioner’s interest.
                                                                                                                                                              section of this document, and should
                                                Accession No. ML17013A240), from the                       In accordance with 10 CFR 2.309(f),                meet the requirements for petitions set
                                                Johns Hopkins Applied Physics                           the petition must also set forth the                  forth in this section. Alternatively, a
                                                Laboratory (JH/APL), an application to                  specific contentions which the                        State, local governmental body,
                                                possess and use SNM in an amount less                   petitioner seeks to have litigated in the             Federally-recognized Indian Tribe, or
                                                than the maximum amount described as                    proceeding. Each contention must                      agency thereof may participate as a non-
                                                a Category III quantity as defined in 10                consist of a specific statement of the                party under 10 CFR 2.315(c).
                                                CFR 70.4. If the NRC approves the                       issue of law or fact to be raised or                     If a hearing is granted, any person
                                                application, JH/APL will possess, store,                controverted. In addition, the petitioner             who is not a party to the proceeding and
                                                and use SNM in sealed test objects for                  must provide a brief explanation of the               is not affiliated with or represented by
                                                general use in analytical or scientific                 bases for the contention and a concise                a party may, at the discretion of the
                                                research and development. The                           statement of the alleged facts or expert              presiding officer, be permitted to make
                                                application is available at ADAMS                       opinion which support the contention                  a limited appearance pursuant to the
                                                Accession No. ML17018A080.                              and on which the petitioner intends to                provisions of 10 CFR 2.315(a). A person
                                                   An NRC administrative completeness                   rely in proving the contention at the                 making a limited appearance may make
                                                review found the application acceptable                 hearing. The petitioner must also                     an oral or written statement of his or her
                                                for a technical review (ADAMS                           provide references to the specific                    position on the issues but may not
                                                Accession No. ML17058A414). Prior to                    sources and documents on which the                    otherwise participate in the proceeding.
                                                approving the application, the NRC will                 petitioner intends to rely to support its             A limited appearance may be made at
                                                need to make the findings required by                   position on the issue. The petition must              any session of the hearing or at any
                                                the Atomic Energy Act of 1954 as                        include sufficient information to show                prehearing conference, subject to the
                                                amended (the Act), and the NRC’s                        that a genuine dispute exists with the                limits and conditions as may be
                                                regulations. The NRC’s findings will be                 applicant or licensee on a material issue             imposed by the presiding officer. Details
                                                documented in a Safety Evaluation                       of law or fact. Contentions must be                   regarding the opportunity to make a
                                                Report (SER) and an environmental                       limited to matters within the scope of                limited appearance will be provided by
                                                assessment.                                             the proceeding. The contention must be                the presiding officer if such sessions are
                                                                                                        one which, if proven, would entitle the               scheduled.
                                                II. Opportunity To Request a Hearing                    petitioner to relief. A petitioner who
                                                and Petition for Leave To Intervene                     fails to satisfy the requirements at 10               III. Electronic Submissions (E-Filing)
                                                   Within 60 days after the date of                     CFR 2.309(f) with respect to at least one                All documents filed in NRC
                                                publication of this notice, any persons                 contention will not be permitted to                   adjudicatory proceedings, including a
                                                (petitioner) whose interest may be                      participate as a party.                               request for hearing and petition for
                                                affected by this action may file a request                 Those permitted to intervene become                leave to intervene (petition), any motion
sradovich on DSK3GMQ082PROD with NOTICES




                                                for a hearing and petition for leave to                 parties to the proceeding, subject to any             or other document filed in the
                                                intervene (petition) with respect to the                limitations in the order granting leave to            proceeding prior to the submission of a
                                                action. Petitions shall be filed in                     intervene. Parties have the opportunity               request for hearing or petition to
                                                accordance with the Commission’s                        to participate fully in the conduct of the            intervene, and documents filed by
                                                ‘‘Agency Rules of Practice and                          hearing with respect to resolution of                 interested governmental entities that
                                                Procedure’’ in 10 CFR part 2. Interested                that party’s admitted contentions,                    request to participate under 10 CFR
                                                persons should consult a current copy                   including the opportunity to present                  2.315(c), must be filed in accordance


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                                                59662                       Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

                                                with the NRC’s E-Filing rule (72 FR                     have advised the Office of the Secretary              have an NRC-issued digital ID certificate
                                                49139; August 28, 2007, as amended at                   that they wish to participate in the                  as described above, click cancel when
                                                77 FR 46562; August 3, 2012). The E-                    proceeding, so that the filer need not                the link requests certificates and you
                                                Filing process requires participants to                 serve the document on those                           will be automatically directed to the
                                                submit and serve all adjudicatory                       participants separately. Therefore,                   NRC’s electronic hearing dockets where
                                                documents over the internet, or in some                 applicants and other participants (or                 you will be able to access any publicly
                                                cases to mail copies on electronic                      their counsel or representative) must                 available documents in a particular
                                                storage media. Detailed guidance on                     apply for and receive a digital ID                    hearing docket. Participants are
                                                making electronic submissions may be                    certificate before adjudicatory                       requested not to include personal
                                                found in the Guidance for Electronic                    documents are filed so that they can                  privacy information, such as social
                                                Submissions to the NRC and on the NRC                   obtain access to the documents via the                security numbers, home addresses, or
                                                website at http://www.nrc.gov/site-help/                E-Filing system.                                      personal phone numbers in their filings,
                                                e-submittals.html. Participants may not                    A person filing electronically using               unless an NRC regulation or other law
                                                submit paper copies of their filings                    the NRC’s adjudicatory E-Filing system                requires submission of such
                                                unless they seek an exemption in                        may seek assistance by contacting the                 information. For example, in some
                                                accordance with the procedures                          NRC’s Electronic Filing Help Desk                     instances, individuals provide home
                                                described below.                                        through the ‘‘Contact Us’’ link located               addresses in order to demonstrate
                                                   To comply with the procedural                        on the NRC’s public website at http://                proximity to a facility or site. With
                                                requirements of E-Filing, at least 10                   www.nrc.gov/site-help/e-                              respect to copyrighted works, except for
                                                days prior to the filing deadline, the                  submittals.html, by email to                          limited excerpts that serve the purpose
                                                participant should contact the Office of                MSHD.Resource@nrc.gov, or by a toll-                  of the adjudicatory filings and would
                                                the Secretary by email at                               free call at 1–866–672–7640. The NRC                  constitute a Fair Use application,
                                                hearing.docket@nrc.gov, or by telephone                 Electronic Filing Help Desk is available              participants are requested not to include
                                                at 301–415–1677, to (1) request a digital               between 9 a.m. and 6 p.m., Eastern                    copyrighted materials in their
                                                identification (ID) certificate, which                  Time, Monday through Friday,                          submission.
                                                allows the participant (or its counsel or               excluding government holidays.
                                                representative) to digitally sign                          Participants who believe that they                 Order Imposing Procedures for Access
                                                submissions and access the E-Filing                     have a good cause for not submitting                  to Sensitive Unclassified Non-
                                                system for any proceeding in which it                   documents electronically must file an                 Safeguards Information for Contention
                                                is participating; and (2) advise the                    exemption request, in accordance with                 Preparation
                                                Secretary that the participant will be                  10 CFR 2.302(g), with their initial paper                A. This Order contains instructions
                                                submitting a petition or other                          filing stating why there is good cause for            regarding how potential parties to this
                                                adjudicatory document (even in                          not filing electronically and requesting              proceeding may request access to
                                                instances in which the participant, or its              authorization to continue to submit                   documents containing sensitive
                                                counsel or representative, already holds                documents in paper format. Such filings               unclassified information (including
                                                an NRC-issued digital ID certificate).                  must be submitted by: (1) First class                 Sensitive Unclassified Non-Safeguards
                                                Based upon this information, the                        mail addressed to the Office of the                   Information (SUNSI). Requirements for
                                                Secretary will establish an electronic                  Secretary of the Commission, U.S.                     access to SGI are primarily set forth in
                                                docket for the hearing in this proceeding               Nuclear Regulatory Commission,                        10 CFR parts 2 and 73.
                                                if the Secretary has not already                        Washington, DC 20555–0001, Attention:                    B. Within 10 days after publication of
                                                established an electronic docket.                       Rulemaking and Adjudications Staff; or                this notice of hearing and opportunity to
                                                   Information about applying for a                     (2) courier, express mail, or expedited               petition for leave to intervene, any
                                                digital ID certificate is available on the              delivery service to the Office of the                 potential party who believes access to
                                                NRC’s public website at http://                         Secretary, 11555 Rockville Pike,                      SUNSI is necessary to respond to this
                                                www.nrc.gov/site-help/e-submittals/                     Rockville, Maryland 20852, Attention:                 notice may request access to SUNSI or
                                                getting-started.html. Once a participant                Rulemaking and Adjudications Staff.                   SGI. A ‘‘potential party’’ is any person
                                                has obtained a digital ID certificate and               Participants filing adjudicatory                      who intends to participate as a party by
                                                a docket has been created, the                          documents in this manner are                          demonstrating standing and filing an
                                                participant can then submit                             responsible for serving the document on               admissible contention under 10 CFR
                                                adjudicatory documents. Submissions                     all other participants. Filing is                     2.309. Requests for access to SUNSI
                                                must be in Portable Document Format                     considered complete by first-class mail               submitted later than 10 days after
                                                (PDF). Additional guidance on PDF                       as of the time of deposit in the mail, or             publication will not be considered
                                                submissions is available on the NRC’s                   by courier, express mail, or expedited                absent a showing of good cause for the
                                                public website at http://www.nrc.gov/                   delivery service upon depositing the                  late filing, addressing why the request
                                                site-help/electronic-sub-ref-mat.html. A                document with the provider of the                     could not have been filed earlier.
                                                filing is considered complete at the time               service. A presiding officer, having                     C. The requester shall submit a letter
                                                the document is submitted through the                   granted an exemption request from                     requesting permission to access SUNSI,
                                                NRC’s E-Filing system. To be timely, an                 using E-Filing, may require a participant             SGI, or both to the Office of the
                                                electronic filing must be submitted to                  or party to use E-Filing if the presiding             Secretary, U.S. Nuclear Regulatory
                                                the E-Filing system no later than 11:59                 officer subsequently determines that the              Commission, Washington, DC 20555–
                                                p.m. Eastern Time on the due date.                      reason for granting the exemption from                0001, Attention: Rulemakings and
                                                                                                                                                              Adjudications Staff, and provide a copy
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                                                Upon receipt of a transmission, the E-                  use of E-Filing no longer exists.
                                                Filing system time-stamps the document                     Documents submitted in adjudicatory                to the Associate General Counsel for
                                                and sends the submitter an email notice                 proceedings will appear in the NRC’s                  Hearings, Enforcement and
                                                confirming receipt of the document. The                 electronic hearing docket which is                    Administration, Office of the General
                                                E-Filing system also distributes an email               available to the public at https://                   Counsel, U.S. Nuclear Regulatory
                                                notice that provides access to the                      adams.nrc.gov/ehd, unless excluded                    Commission, Washington, DC 20555–
                                                document to the NRC’s Office of the                     pursuant to an order of the Commission                0001. The expedited delivery or courier
                                                General Counsel and any others who                      or the presiding officer. If you do not               mail address for both offices is: U.S.


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                                                                                   Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                                   59663

                                                Nuclear Regulatory Commission, 11555                          or Affidavit, or Protective Order 2 setting             5 days of the notification by the NRC
                                                Rockville Pike, Rockville, Maryland                           forth terms and conditions to prevent                   staff of its grant of access and must be
                                                20852. The email address for the Office                       the unauthorized or inadvertent                         filed with: (a) The presiding officer
                                                of the Secretary and the Office of the                        disclosure of SUNSI by each individual                  designated in this proceeding; (b) if no
                                                General Counsel are Hearing.Docket@                           who will be granted access to SUNSI.                    presiding officer has been appointed,
                                                nrc.gov and OGCmailcenter@nrc.gov,                               F. Filing of Contentions. Any                        the Chief Administrative Judge, or if he
                                                respectively.1 The request must include                       contentions in these proceedings that                   or she is unavailable, another
                                                the following information:                                    are based upon the information received                 administrative judge, or an
                                                  (1) A description of the licensing                          as a result of the request made for                     Administrative Law Judge with
                                                action with a citation to this Federal                        SUNSI must be filed by the requestor no                 jurisdiction pursuant to 10 CFR
                                                Register notice;                                              later than 25 days after receipt of (or                 2.318(a); or (c) if another officer has
                                                  (2) The name and address of the                             access to) that information. However, if                been designated to rule on information
                                                potential party and a description of the                      more than 25 days remain between the                    access issues, with that officer. If
                                                potential party’s particularized interest                     petitioner’s receipt of (or access to) the              challenges to the NRC staff
                                                that could be harmed by the action                            information and the deadline for filing
                                                                                                                                                                      determinations are filed, these
                                                identified in C.(1); and                                      all other contentions (as established in
                                                  (3) If the request is for SUNSI, the                                                                                procedures give way to the normal
                                                                                                              the notice of hearing or opportunity for
                                                identity of the individual or entity                                                                                  process for litigating disputes
                                                                                                              hearing), the petitioner may file its
                                                requesting access to SUNSI and the                                                                                    concerning access to information. The
                                                                                                              SUNSI contentions by that later
                                                requester’s basis for the need for the                        deadline.                                               availability of interlocutory review by
                                                information in order to meaningfully                             G. Review of Denials of Access.                      the Commission of orders ruling on
                                                participate in this adjudicatory                                 (1) If the request for access to SUNSI               such NRC staff determinations (whether
                                                proceeding. In particular, the request                        is denied by the NRC staff after a                      granting or denying access) is governed
                                                must explain why publicly available                           determination on standing and requisite                 by 10 CFR 2.311.3 The Commission
                                                versions of the information requested                         need, the NRC staff shall immediately                   expects that the NRC staff and presiding
                                                would not be sufficient to provide the                        notify the requestor in writing, briefly                officers (and any other reviewing
                                                basis and specificity for a proffered                         stating the reason or reasons for the                   officers) will consider and resolve
                                                contention.                                                   denial.                                                 requests for access to SUNSI, and
                                                  D. Based on an evaluation of the                               (2) The requester may challenge the                  motions for protective orders, in a
                                                information submitted under paragraph                         NRC staff’s adverse determination with                  timely fashion in order to minimize any
                                                C.(3) the NRC staff will determine                            respect to access to SUNSI by filing a                  unnecessary delays in identifying those
                                                within 10 days of receipt of the request                      challenge within 5 days of receipt of                   petitioners who have standing and who
                                                whether:                                                      that determination with: (a) The                        have propounded contentions meeting
                                                  (1) There is a reasonable basis to                          presiding officer designated in this                    the specificity and basis requirements in
                                                believe the petitioner is likely to                           proceeding; (b) if no presiding officer                 10 CFR part 2. The attachment to this
                                                establish standing to participate in this                     has been appointed, the Chief                           Order summarizes the general target
                                                NRC proceeding; and                                           Administrative Judge, or if he or she is                schedule for processing and resolving
                                                  (2) The requestor has established a                         unavailable, another administrative                     requests under these procedures.
                                                legitimate need for access to SUNSI.                          judge, or an Administrative Law Judge                      It is so ordered.
                                                  E. For requests for access to SUNSI, if                     with jurisdiction pursuant to 10 CFR
                                                the NRC staff determines that the                             2.318(a); or (c) if another officer has                   Dated at Rockville, Maryland, this 11th day
                                                requestor satisfies both D.(1) and D.(2)                      been designated to rule on information                  of December 2017.
                                                above, the NRC staff will notify the                          access issues, with that officer.                         For the U.S. Nuclear Regulatory
                                                requestor in writing that access to                              H. Further appeals of decisions under                Commission.
                                                SUNSI has been granted. The written                           this paragraph must be made pursuant                    Annette L. Vietti-Cook,
                                                notification will contain instructions on                     to 10 CFR 2.311. Review of Grants of                    Secretary of the Commission.
                                                how the requestor may obtain copies of                        Access. A party other than the requester
                                                the requested documents, and any other                        may challenge an NRC staff                              Attachment 1—General Target
                                                conditions that may apply to access to                        determination granting access to SUNSI                  Schedule for Processing and Resolving
                                                those documents. These conditions may                         whose release would harm that party’s                   Requests for Access to Sensitive
                                                include, but are not limited to, the                          interest independent of the proceeding.                 Unclassified Non-Safeguards
                                                signing of a Non-Disclosure Agreement                         Such a challenge must be filed within                   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 in-
                                                                               structions 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 formu-
                                                                               lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
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                                                   1 While a request for hearing or petition to               be filed with the presiding officer or the Chief        staff determinations (because they must be served
                                                intervene in this proceeding must comply with the             Administrative Judge if the presiding officer has not   on a presiding officer or the Commission, as
                                                filing requirements of the NRC’s ‘‘E-Filing Rule,’’           yet been designated, within 30 days of the deadline     applicable), but not to the initial SUNSI request
                                                the initial request to access SUNSI under these               for the receipt of the written access request.          submitted to the NRC staff under these procedures.
                                                procedures should be submitted as described in this             3 Requesters should note that the filing
                                                paragraph.                                                    requirements of the NRC’s E-Filing Rule (72 FR
                                                   2 Any motion for Protective Order or draft Non-            49139; August 28, 2007, as amended at 77 FR
                                                Disclosure Affidavit or Agreement for SUNSI must              46562; August 3, 2012) apply to appeals of NRC



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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)                          *      *    *    *     *


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Document Created: 2017-12-15 03:37:34
Document Modified: 2017-12-15 03:37:34
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
ActionLicense application; opportunity to request a hearing and to petition for leave to intervene; order imposing procedures.
DatesA 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.
ContactMerritt 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 Citation82 FR 59660 

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