83 FR 44070 - Interim Storage Partner's Waste Control Specialists Consolidated Interim Storage Facility

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 168 (August 29, 2018)

Page Range		44070-44075
FR Document		2018-18758

The U.S. Nuclear Regulatory Commission (NRC) received a request from Interim Storage Partners, a joint venture between Waste Control Specialists, LLC (WCS) and Orano CIS, LLC by letters dated June 8, 2018, and July 19, 2018, to resume NRC staff review of a license application for the WCS Consolidated Interim Storage Facility (CISF) in Andrews County, Texas. By letter dated April 18, 2017, the previous applicant, WCS, asked NRC to temporarily suspend all safety and environmental review activities.

Federal Register, Volume 83 Issue 168 (Wednesday, August 29, 2018)

[Federal Register Volume 83, Number 168 (Wednesday, August 29, 2018)]
[Notices]
[Pages 44070-44075]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-18758]

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

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1050; NRC-2016-0231]

Interim Storage Partner's Waste Control Specialists Consolidated
Interim Storage Facility

AGENCY: Nuclear Regulatory Commission.

ACTION: Revised license application; opportunity to request a hearing
and to petition for leave to intervene; order imposing procedures.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received a
request from Interim Storage Partners, a joint venture between Waste
Control Specialists, LLC (WCS) and Orano CIS, LLC by letters dated June
8, 2018, and July 19, 2018, to resume NRC staff review of a license
application for the WCS Consolidated Interim Storage Facility (CISF) in
Andrews County, Texas. By letter dated April 18, 2017, the previous
applicant, WCS, asked NRC to temporarily suspend all safety and
environmental review activities.

DATES: A request for a hearing or petition for leave to intervene must
be filed by August 29, 2018. Any potential party as defined in section
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who
believes access to Sensitive Unclassified Non-Safeguards Information
(SUNSI) is necessary to respond to this notice must request document
access by September 10, 2018.

ADDRESSES: Please refer to Docket ID NRC-2016-0231 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0231. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: Jennifer.Borges@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 ``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. For the convenience of the reader,
the ADAMS accession numbers are provided in a table in the
``Availability of Documents'' section of 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: John-Chau Nguyen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-0262; email: John-Chau.Nguyen@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

The NRC received, by letter dated April 28, 2016, an application
from WCS for a specific license pursuant to 10 CFR part 72, ``Licensing
Requirements for the Independent Storage of Spent Nuclear Fuel, High-
Level Radioactive Waste, and Reactor-Related Greater Than Class C
Waste.'' WCS proposed to construct a Consolidated Interim Storage
Facility (CISF) on its approximately 60.3 square kilometer (14,900
acre) site in western Andrews County, Texas. WCS currently operates
facilities on this site that process and store Low-Level Waste and
Mixed Waste (i.e., waste that is considered both hazardous waste and
Low-Level Waste). The facility also disposes of both hazardous waste
and toxic waste.
On January 30, 2017, the NRC published two notices in the Federal
Register: (1) A notice describing the closing date for the scoping
period for the Environmental Impact Statement (EIS), and dates, times,
and locations of scoping meetings wherein the NRC received oral
comments as part of the EIS scoping process (82 FR 8771); and (2) a
notice of its acceptance of the WCS application and an opportunity to
request a hearing and petition for leave to intervene (82 FR 8773). On
March 16, 2017 (82 FR 14039), the NRC published a notice in the Federal
Register of an extension to the scoping period and

[[Page 44071]]

additional public meetings. On April 4, 2017, and in a corrected notice
dated April 10, 2017, the NRC published in the Federal Register (82 FR
16435; 82 FR 17297) an order granting all petitioners an extension of
time until May 31, 2017, to file hearing requests on WCS's license
application. On July 20, 2017 (82 FR 33521), the NRC published a notice
in the Federal Register that WCS had asked NRC to temporarily suspend
all safety and environmental review activities. The July 20, 2017,
notice in the Federal Register withdrew the notice of opportunity to
request a hearing for WCS's application and explained that the NRC
staff would publish a notice in the Federal Register if WCS requested
that the NRC staff resume its review of WCS's application.
By letters dated June 8, 2018, and July 19, 2018, NRC received a
request from Interim Storage Partners (ISP), a joint venture between
WCS and Orano CIS, LLC to resume NRC staff review of the license
application for the WCS Consolidated Interim Storage Facility (CISF) in
Andrews County, Texas. ISP provided Revision 2 of the License
Application, including a revised Safety Analysis Report and
Environmental Report. In its June 8, 2018, letter, ISP stated that the
Physical Security Plan and Safeguards Contingency Plan submitted with
Revision 1 of its License Application remain applicable to the current
application. The NRC staff has determined that Revision 1 of the
Emergency Plan also remains applicable to the current application.
Though ISP is the new owner, the name of the proposed facility remains
the WCS CISF.
An NRC administrative completeness review found the revised
application acceptable for a technical review. Prior to issuing the
license, the NRC will need to make the findings required by the Atomic
Energy Act of 1954, as amended (AEA), and the NRC's regulations. The
NRC's findings will be documented in a safety evaluation report and an
EIS.

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 part 2. 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/. A copy of the regulations
is also 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 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

[[Page 44072]]

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.

IV. Availability of Documents

The documents identified in this Federal Register notice are
accessible to interested persons in ADAMS under the accession numbers
identified in the table below.

------------------------------------------------------------------------
Title ADAMS accession No.
------------------------------------------------------------------------
WCS CISF License Application, Revision ML18206A595
2, with Safety Analysis Report and
Environmental Report.
WCS CISF Physical Security Plan, ML17075A289
Revision 1, and Safeguards Contingency
Plan, and Guard Training and
Qualification Plan (redacted).
WCS submittal of Supplemental Security ML16235A467
Information (redacted).
WCS submittal of Supplemental Security ML16280A300
Information (redacted).
WCS CISF Emergency Plan, Rev. 1......... ML17082A054
------------------------------------------------------------------------

[[Page 44073]]

V. Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and 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) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
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 or SGI 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 or SGI 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 requestor 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. 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 RidsOgcMailCenter.Resource@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 and/or SGI
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);
(3) If the request is for SUNSI, the identity of the individual or
entity requesting access to SUNSI and the requestor'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; and
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically why the requestor believes that the information is
necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
---------------------------------------------------------------------------

\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
---------------------------------------------------------------------------

(ii) The technical competence (demonstrable knowledge, skill,
training, or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct the background check required for access to SGI, as required by
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the
requestor's trustworthiness and reliability. For security reasons, Form
SF-85 can only be submitted electronically through the electronic
questionnaire for investigations processing (e-QIP) website, a secure
website that is owned and operated by the Office of Personnel
Management. To obtain online access to the form, the requestor should
contact the NRC's Office of Administration at 301-415-3710.\3\
---------------------------------------------------------------------------

\3\ The requestor will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and email address. After providing this information, the requestor
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------

(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 may be obtained by writing the Office of Administrative
Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by email to
MAILSVC.Resource@nrc.gov. The fingerprint card will be used to satisfy
the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and
Section 149 of the Atomic Energy Act of 1954, as amended, which
mandates that all persons with access to SGI must be fingerprinted for
an FBI identification and criminal history records check.
(d) A check or money order payable in the amount of $324.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
---------------------------------------------------------------------------

\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------

(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of
Administration, Personnel Security Branch, will make a final
determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of
their exemption status prior to submitting their request. Persons who
are exempt from the background check are not required to complete the
SF-85 or Form FD-258; however, all other requirements for access to
SGI, including the need to know, are still applicable.

Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address: U.S. Nuclear Regulatory Commission, Attn: Personnel
Security Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike,
Rockville, MD 20852.

[[Page 44074]]

These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(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 setting forth
terms and conditions to prevent the unauthorized or inadvertent
disclosure of SUNSI by each individual who will be granted access to
SUNSI.\5\
---------------------------------------------------------------------------

\5\ 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.
---------------------------------------------------------------------------

G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2) above, the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order
\6\ by each individual who will be granted access to SGI.
---------------------------------------------------------------------------

\6\ Any motion for Protective Order or draft Non-Disclosure
Agreement or Affidavit for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------

H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI 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 or SGI contentions by that later
deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and requisite need, or
after a determination on trustworthiness and reliability, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of Administration makes a final adverse
determination regarding the trustworthiness and reliability of the
proposed recipient(s) for access to SGI, the Office of Administration,
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an
opportunity to correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI or with respect to
standing or need to know for SGI 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.
(4) The requestor may challenge the Office of Administration's
final adverse determination with respect to trustworthiness and
reliability for access to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requestor 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.\7\
---------------------------------------------------------------------------

\7\ Requestors 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/SGI
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, 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.

[[Page 44075]]

It is so ordered.

Dated at Rockville, Maryland, this 24th of August, 2018.

For the Nuclear Regulatory Commission.
Rochelle C. Bavol, Acting,
Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information and 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) and/or
Safeguards Information (SGI) 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; demonstrating
that access should be granted (e.g.,
showing technical competence for access
to SGI); and, for SGI, including
application fee for fingerprint/
background check.
60........................... Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does not
require access to SUNSI and/or SGI (+25
Answers to petition for intervention; +7
requestor/petitioner reply).
20........................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the
staff's determination whether the
request for access provides a reasonable
basis to believe standing can be
established and shows (1) need for SUNSI
or (2) need to know for SGI. (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). If NRC staff makes
the finding of need to know for SGI and
likelihood of standing, NRC staff begins
background check (including
fingerprinting for a criminal history
records check), information processing
(preparation of redactions or review of
redacted documents), and readiness
inspections.
25........................... If NRC staff finds no ``need,'' no ``need
to know,'' or no likelihood of standing,
the deadline for requestor/petitioner 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.
190.......................... (Receipt +180) If NRC staff finds
standing, need to know for SGI, and
trustworthiness and reliability,
deadline for NRC staff to file motion
for Protective Order and draft Non-
disclosure Affidavit (or to make a
determination that the proposed
recipient of SGI is not trustworthy or
reliable). Note: Before the Office of
Administration makes a final adverse
determination regarding access to SGI,
the proposed recipient must be provided
an opportunity to correct or explain
information.
205.......................... Deadline for petitioner to seek reversal
of a final adverse NRC staff
trustworthiness or reliability
determination under 10 CFR
2.336(f)(1)(iv).
A............................ If access granted: Issuance of a decision
by a presiding officer or other
designated officer 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 and/or SGI consistent with
decision issuing the protective order.
A + 28....................... Deadline for submission of contentions
whose development depends upon access to
SUNSI and/or SGI. 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 or SGI contentions by that later
deadline.
A + 53....................... (Contention receipt +25) Answers to
contentions whose development depends
upon access to SUNSI and/or SGI.
A + 60....................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60...................... Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2018-18758 Filed 8-28-18; 8:45 am]
BILLING CODE 7590-01-P

Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44071

additional public meetings. On April 4, http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for
2017, and in a corrected notice dated collections/cfr/. A copy of the leave to file new or amended
April 10, 2017, the NRC published in regulations is also available at the NRC’s contentions that are filed after the
the Federal Register (82 FR 16435; 82 Public Document Room, located at One deadline will not be entertained absent
FR 17297) an order granting all White Flint North, Room O1–F21, 11555 a determination by the presiding officer
petitioners an extension of time until Rockville Pike (first floor), Rockville, that the filing demonstrates good cause
May 31, 2017, to file hearing requests on Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR
WCS’s license application. On July 20, the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition
2017 (82 FR 33521), the NRC published will rule on the petition and, if must be filed in accordance with the
a notice in the Federal Register that appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic
WCS had asked NRC to temporarily issued. Submissions (E-Filing)’’ section of this
suspend all safety and environmental As required by 10 CFR 2.309(d), the document.
review activities. The July 20, 2017, petition should specifically explain the A State, local governmental body,
notice in the Federal Register withdrew reasons why intervention should be Federally-recognized Indian Tribe, or
the notice of opportunity to request a permitted with particular reference to agency thereof, may submit a petition to
hearing for WCS’s application and the following general requirements for the Commission to participate as a party
explained that the NRC staff would standing: (1) The name, address, and under 10 CFR 2.309(h)(1). The petition
publish a notice in the Federal Register telephone number of the petitioner; (2) should state the nature and extent of the
if WCS requested that the NRC staff the nature of the petitioner’s right under petitioner’s interest in the proceeding.
resume its review of WCS’s application. the Act to be made a party to the The petition should be submitted to the
By letters dated June 8, 2018, and July proceeding; (3) the nature and extent of Commission no later than 60 days from
19, 2018, NRC received a request from the petitioner’s property, financial, or the date of publication of this notice.
Interim Storage Partners (ISP), a joint other interest in the proceeding; and (4) The petition must be filed in accordance
venture between WCS and Orano CIS, the possible effect of any decision or with the filing instructions in the
LLC to resume NRC staff review of the order which may be entered in the ‘‘Electronic Submissions (E-Filing)’’
license application for the WCS proceeding on the petitioner’s interest. section of this document, and should
Consolidated Interim Storage Facility In accordance with 10 CFR 2.309(f), meet the requirements for petitions set
(CISF) in Andrews County, Texas. ISP the petition must also set forth the forth in this section. Alternatively, a
provided Revision 2 of the License specific contentions which the State, local governmental body,
Application, including a revised Safety petitioner seeks to have litigated in the Federally-recognized Indian Tribe, or
Analysis Report and Environmental proceeding. Each contention must agency thereof may participate as a non-
Report. In its June 8, 2018, letter, ISP consist of a specific statement of the party under 10 CFR 2.315(c).
stated that the Physical Security Plan issue of law or fact to be raised or If a hearing is granted, any person
and Safeguards Contingency Plan controverted. In addition, the petitioner who is not a party to the proceeding and
submitted with Revision 1 of its License must provide a brief explanation of the is not affiliated with or represented by
Application remain applicable to the bases for the contention and a concise a party may, at the discretion of the
current application. The NRC staff has statement of the alleged facts or expert presiding officer, be permitted to make
determined that Revision 1 of the opinion which support the contention a limited appearance pursuant to the
Emergency Plan also remains applicable and on which the petitioner intends to provisions of 10 CFR 2.315(a). A person
to the current application. Though ISP rely in proving the contention at the making a limited appearance may make
is the new owner, the name of the hearing. The petitioner must also an oral or written statement of his or her
proposed facility remains the WCS provide references to the specific position on the issues but may not
CISF. sources and documents on which the otherwise participate in the proceeding.
An NRC administrative completeness petitioner intends to rely to support its A limited appearance may be made at
review found the revised application position on the issue. The petition must any session of the hearing or at any
acceptable for a technical review. Prior include sufficient information to show prehearing conference, subject to the
to issuing the license, the NRC will need that a genuine dispute exists with the limits and conditions as may be
to make the findings required by the applicant or licensee on a material issue imposed by the presiding officer. Details
Atomic Energy Act of 1954, as amended of law or fact. Contentions must be regarding the opportunity to make a
(AEA), and the NRC’s regulations. The limited to matters within the scope of limited appearance will be provided by
NRC’s findings will be documented in a the proceeding. The contention must be the presiding officer if such sessions are
safety evaluation report and an EIS. one which, if proven, would entitle the scheduled.
petitioner to relief. A petitioner who
II. Opportunity To Request a Hearing III. Electronic Submissions (E-Filing)
fails to satisfy the requirements at 10
and Petition for Leave To Intervene All documents filed in NRC
CFR 2.309(f) with respect to at least one
Within 60 days after the date of contention will not be permitted to adjudicatory proceedings, including a
publication of this notice, any persons participate as a party. request for hearing and petition for
(petitioner) whose interest may be Those permitted to intervene become leave to intervene (petition), any motion
affected by this action may file a request parties to the proceeding, subject to any or other document filed in the
for a hearing and petition for leave to limitations in the order granting leave to proceeding prior to the submission of a
intervene (petition) with respect to the intervene. Parties have the opportunity request for hearing or petition to
action. Petitions shall be filed in intervene, and documents filed by
sradovich on DSK3GMQ082PROD with NOTICES

to participate fully in the conduct of the
accordance with the Commission’s hearing with respect to resolution of interested governmental entities that
‘‘Agency Rules of Practice and that party’s admitted contentions, request to participate under 10 CFR
Procedure’’ in 10 CFR part 2. Interested including the opportunity to present 2.315(c), must be filed in accordance
persons should consult a current copy evidence, consistent with the NRC’s with the NRC’s E-Filing rule (72 FR
of 10 CFR part 2. The NRC’s regulations regulations, policies, and procedures. 49139; August 28, 2007, as amended at
are accessible electronically from the Petitions must be filed no later than 77 FR 46562; August 3, 2012). The E-
NRC Library on the NRC’s website at 60 days from the date of publication of Filing process requires participants to

VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1

44074 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices

These documents and materials or Affidavit, or Protective Order 6 by has been appointed, the Chief
should not be included with the request each individual who will be granted Administrative Judge, or if he or she is
letter to the Office of the Secretary, but access to SGI. unavailable, another administrative
the request letter should state that the H. Release and Storage of SGI. Prior judge, or an Administrative Law Judge
forms and fees have been submitted as to providing SGI to the requestor, the with jurisdiction pursuant to 10 CFR
required. NRC staff will conduct (as necessary) an 2.318(a); or (c) if another officer has
D. To avoid delays in processing inspection to confirm that the been designated to rule on information
requests for access to SGI, the requestor recipient’s information protection access issues, with that officer.
should review all submitted materials system is sufficient to satisfy the (4) The requestor may challenge the
for completeness and accuracy requirements of 10 CFR 73.22. Office of Administration’s final adverse
(including legibility) before submitting Alternatively, recipients may opt to determination with respect to
them to the NRC. The NRC will return view SGI at an approved SGI storage trustworthiness and reliability for access
incomplete packages to the sender location rather than establish their own to SGI by filing a request for review in
without processing. SGI protection program to meet SGI accordance with 10 CFR 2.336(f)(1)(iv).
E. Based on an evaluation of the protection requirements. (5) Further appeals of decisions under
information submitted under paragraphs I. Filing of Contentions. Any this paragraph must be made pursuant
C.(3) or C.(4) above, as applicable, the contentions in these proceedings that to 10 CFR 2.311.
NRC staff will determine within 10 days are based upon the information received K. Review of Grants of Access. A
of receipt of the request whether: as a result of the request made for party other than the requestor may
(1) There is a reasonable basis to SUNSI or SGI must be filed by the challenge an NRC staff determination
believe the petitioner is likely to requestor no later than 25 days after granting access to SUNSI whose release
establish standing to participate in this receipt of (or access to) that information. would harm that party’s interest
NRC proceeding; and However, if more than 25 days remain independent of the proceeding. Such a
(2) The requestor has established a between the petitioner’s receipt of (or challenge must be filed within 5 days of
legitimate need for access to SUNSI or access to) the information and the the notification by the NRC staff of its
need to know the SGI requested. deadline for filing all other contentions grant of access and must be filed with:
F. For requests for access to SUNSI, if (as established in the notice of hearing (a) The presiding officer designated in
the NRC staff determines that the or opportunity for hearing), the this proceeding; (b) if no presiding
requestor satisfies both E.(1) and E.(2) petitioner may file its SUNSI or SGI officer has been appointed, the Chief
above, the NRC staff will notify the contentions by that later deadline. Administrative Judge, or if he or she is
requestor in writing that access to J. Review of Denials of Access. unavailable, another administrative
SUNSI has been granted. The written (1) If the request for access to SUNSI judge, or an Administrative Law Judge
notification will contain instructions on or SGI is denied by the NRC staff either with jurisdiction pursuant to 10 CFR
how the requestor may obtain copies of after a determination on standing and 2.318(a); or (c) if another officer has
the requested documents, and any other requisite need, or after a determination been designated to rule on information
conditions that may apply to access to on trustworthiness and reliability, the access issues, with that officer.
those documents. These conditions may NRC staff shall immediately notify the If challenges to the NRC staff
include, but are not limited to, the requestor in writing, briefly stating the determinations are filed, these
signing of a Non-Disclosure Agreement reason or reasons for the denial. procedures give way to the normal
or Affidavit, or Protective Order setting (2) Before the Office of process for litigating disputes
forth terms and conditions to prevent Administration makes a final adverse concerning access to information. The
the unauthorized or inadvertent determination regarding the availability of interlocutory review by
disclosure of SUNSI by each individual trustworthiness and reliability of the the Commission of orders ruling on
who will be granted access to SUNSI.5 proposed recipient(s) for access to SGI, such NRC staff determinations (whether
G. For requests for access to SGI, if the the Office of Administration, in granting or denying access) is governed
NRC staff determines that the requestor accordance with 10 CFR 2.336(f)(1)(iii), by 10 CFR 2.311.7
has satisfied both E.(1) and E.(2) above, must provide the proposed recipient(s) L. The Commission expects that the
the Office of Administration will then any records that were considered in the NRC staff and presiding officers (and
determine, based upon completion of trustworthiness and reliability any other reviewing officers) will
the background check, whether the determination, including those required consider and resolve requests for access
proposed recipient is trustworthy and to be provided under 10 CFR to SUNSI or SGI, and motions for
reliable, as required for access to SGI by 73.57(e)(1), so that the proposed protective orders, in a timely fashion in
10 CFR 73.22(b). If the Office of recipient(s) have an opportunity to order to minimize any unnecessary
Administration determines that the correct or explain the record. delays in identifying those petitioners
individual or individuals are (3) The requestor may challenge the who have standing and who have
trustworthy and reliable, the NRC will NRC staff’s adverse determination with propounded contentions meeting the
promptly notify the requestor in writing. respect to access to SUNSI or with specificity and basis requirements in 10
The notification will provide the names respect to standing or need to know for CFR part 2. The attachment to this
of approved individuals as well as the SGI by filing a challenge within 5 days Order summarizes the general target
conditions under which the SGI will be of receipt of that determination with: (a) schedule for processing and resolving
provided. Those conditions may The presiding officer designated in this requests under these procedures.
sradovich on DSK3GMQ082PROD with NOTICES

include, but are not limited to, the proceeding; (b) if no presiding officer
signing of a Non-Disclosure Agreement 7 Requestors should note that the filing
6 Any motion for Protective Order or draft Non- requirements of the NRC’s E-Filing Rule (72 FR
5 Any motion for Protective Order or draft Non- Disclosure Agreement or Affidavit for SGI must be 49139; August 28, 2007, as amended at 77 FR
Disclosure Affidavit or Agreement for SUNSI must filed with the presiding officer or the Chief 46562; August 3, 2012) apply to appeals of NRC
be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not staff determinations (because they must be served
Administrative Judge if the presiding officer has not yet been designated, within 180 days of the on a presiding officer or the Commission, as
yet been designated, within 30 days of the deadline deadline for the receipt of the written access applicable), but not to the initial SUNSI/SGI request
for the receipt of the written access request. request. submitted to the NRC staff under these procedures.

VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\29AUN1.SGM 29AUN1

Document Created: 2018-08-29 00:12:32
Document Modified: 2018-08-29 00:12:32

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Revised license application; opportunity to request a hearing and to petition for leave to intervene; order imposing procedures.
Dates		A request for a hearing or petition for leave to intervene must be filed by August 29, 2018. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to Sensitive Unclassified Non-Safeguards Information (SUNSI) is necessary to respond to this notice must request document access by September 10, 2018.
Contact		John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0262; email: John- [email protected]
FR Citation		83 FR 44070