83_FR_51706 83 FR 51509 - La Crosse Boiling Water Reactor; Consideration of Approval of Transfer of License and Conforming Amendment

83 FR 51509 - La Crosse Boiling Water Reactor; Consideration of Approval of Transfer of License and Conforming Amendment

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range51509-51512
FR Document2018-22100

The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an application filed by LaCrosseSolutions, LLC (LS), on June 27, 2018. The application seeks NRC approval of the direct transfer of Facility Operating License No. DPR-45 for the La Crosse Boiling Water Reactor (LACBWR), from the current holder, LS, to the Dairyland Power Cooperative (DPC), who held the operating license for LACBWR prior to transferring it to LS in 2016. The NRC is also considering amending the facility operating license for administrative purposes to reflect the proposed transfer.

Federal Register, Volume 83 Issue 197 (Thursday, October 11, 2018)
[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Notices]
[Pages 51509-51512]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22100]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-409; NRC-2018-0217]


La Crosse Boiling Water Reactor; Consideration of Approval of 
Transfer of License and Conforming Amendment

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an application filed by LaCrosseSolutions, LLC 
(LS), on June 27, 2018. The application seeks NRC approval of the 
direct transfer of Facility Operating License No. DPR-45 for the La 
Crosse Boiling Water Reactor (LACBWR), from the current holder, LS, to 
the Dairyland Power Cooperative (DPC), who held the operating license 
for LACBWR prior to transferring it to LS in 2016. The NRC is also 
considering amending the facility operating license for administrative 
purposes to reflect the proposed transfer.

DATES: Comments must be filed by November 13, 2018. A request for a 
hearing must be filed by October 31, 2018.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0217. Address 
questions about NRC Docket IDs to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document
     Email comments to: [email protected]. If you do not 
receive an automatic email reply confirming receipt, then contact us at 
301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Marlayna Vaaler, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-3178, email: 
[email protected]; U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0217 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-2018-0217.
     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 [email protected]. The LS ``Application for Order 
Approving License Transfer and Conforming Administrative License 
Amendments,'' dated June 27, 2018, is available in ADAMS under 
Accession No. ML18184A444.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2018-0217 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering the issuance of an order under section 50.80 
of title 10 of the Code of Federal Regulations

[[Page 51510]]

(10 CFR), approving the direct transfer of control of Facility 
Operating License No. DPR-45 for the LACBWR, currently held by LS. The 
transfer would be to DPC. The NRC is also considering amending the 
facility operating license for administrative purposes to reflect the 
proposed transfer.
    Following approval of the proposed direct transfer of control of 
the license, DPC would acquire full ownership of the facility, similar 
to what existed before the June 2016 license transfer to LS. The 
proposed amendment would reflect that LS's licensed possession, 
maintenance, and decommissioning authorities have been transitioned 
back to DPC upon completion of decommissioning activities at the LACBWR 
site. Thereafter, DPC will maintain the onsite independent spent fuel 
storage installation (ISFSI), and the ultimate disposition of the spent 
nuclear fuel will be provided for under the terms of DPC's Standard 
Contract for Disposal of Spent Nuclear Fuel and/or High Level Waste 
with the U.S. Department of Energy. DPC will also continue to maintain 
its nuclear decommissioning trust, a grantor trust in which funds are 
segregated from its assets and outside its administrative control, in 
accordance with the requirements of 10 CFR 50.75(e)(1).
    The NRC's regulations at 10 CFR 50.80 state that no license, or any 
right thereunder, shall be transferred, directly or indirectly, through 
transfer of control of the license, unless the Commission shall give 
its consent in writing. The Commission will approve an application for 
the direct transfer of a license if the Commission determines that the 
proposed transferee is qualified to hold the license, and that the 
transfer is otherwise consistent with applicable provisions of law, 
regulations, and orders issued by the Commission.
    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (the Act), and the Commission's regulations. An 
Environmental Assessment will not be performed because, pursuant to 10 
CFR 51.22(c)(21), license transfer approvals and the associated license 
amendments are categorically excluded from the requirements to perform 
an Environmental Assessment.
    As provided in 10 CFR 2.1315, unless otherwise determined by the 
Commission with regard to a specific application, the Commission has 
determined that any amendment to the license of a utilization facility 
which does no more than conform the license to reflect the transfer 
action involves no significant hazards consideration. No contrary 
determination has been made with respect to this specific license 
amendment application. In light of the generic determination reflected 
in 10 CFR 2.1315, no public comments with respect to significant 
hazards considerations are being solicited, notwithstanding the general 
comment procedures contained in 10 CFR 50.91.

III. Opportunity To Comment

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the license transfer application, 
as provided for in 10 CFR 2.1305. The Commission will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted as described in the ADDRESSES section of this document.

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

    Within 20 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 that 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 20 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 20 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, 
except that under 10 CFR 2.309(h)(2) a State, local

[[Page 51511]]

governmental body, or Federally-recognized Indian Tribe, or agency 
thereof does not need to address the standing requirements in 10 CFR 
2.309(d) if the facility is located within its boundaries. 
Alternatively, a State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC 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 following procedures.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public 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 [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., Eastern Time, Monday through Friday, excluding U.S. 
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 that 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 in Section V, 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.

[[Page 51512]]

    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    For further details with respect to this application, see the 
application dated June 27, 2018.

    Dated at Rockville, Maryland, on October 4, 2018.

    For the Nuclear Regulatory Commission.
Bruce A. Watson,
Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2018-22100 Filed 10-10-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                          51509

                                               Virgil C. Summer Nuclear Station, Unit                  ACTION:  Application for direct transfer of           I. Obtaining Information and
                                               Nos. 2 and 3.                                           license; opportunity to comment,                      Submitting Comments
                                                  IT IS ORDERED that after receipt of                  request a hearing, and petition for leave
                                                                                                                                                             A. Obtaining Information
                                               all required regulatory approvals of the                to intervene
                                               proposed indirect transfer action,                                                                               Please refer to Docket ID NRC–2018–
                                               SCE&G shall inform the Director of the                  SUMMARY:   The U.S. Nuclear Regulatory                0217 when contacting the NRC about
                                               Office of New Reactors in writing of                    Commission (NRC) received and is                      the availability of information for this
                                               such receipt no later than 2 business                   considering approval of an application                action. You may obtain publicly-
                                               days prior to the date of the closing of                filed by LaCrosseSolutions, LLC (LS), on              available information related to this
                                               the indirect transfer. Should the                       June 27, 2018. The application seeks                  action by any of the following methods:
                                               proposed indirect transfer not be                       NRC approval of the direct transfer of                   • Federal Rulemaking website: Go to
                                               completed within 1 year of this Order’s                 Facility Operating License No. DPR–45                 http://www.regulations.gov and search
                                               date of issue, this Order shall become                  for the La Crosse Boiling Water Reactor               for Docket ID NRC–2018–0217.
                                               null and void, provided, however, upon                  (LACBWR), from the current holder, LS,                   • NRC’s Agencywide Documents
                                               written application and good cause                      to the Dairyland Power Cooperative                    Access and Management System
                                               shown, such date may be extended by                     (DPC), who held the operating license                 (ADAMS): You may obtain publicly-
                                               order.                                                  for LACBWR prior to transferring it to                available documents online in the
                                                  This Order supersedes the Order                      LS in 2016. The NRC is also considering               ADAMS Public Documents collection at
                                               issued on August 30, 2018, and is                       amending the facility operating license               http://www.nrc.gov/reading-rm/
                                               effective upon issuance.                                for administrative purposes to reflect                adams.html. To begin the search, select
                                                                                                       the proposed transfer.                                ‘‘Begin Web-based ADAMS Search.’’ For
                                                  For further details with respect to this
                                                                                                       DATES: Comments must be filed by                      problems with ADAMS, please contact
                                               Order, see the initial application dated
                                                                                                       November 13, 2018. A request for a                    the NRC’s Public Document Room (PDR)
                                               January 25, 2018 (Agencywide
                                                                                                       hearing must be filed by October 31,                  reference staff at 1–800–397–4209, 301–
                                               Documents Access and Management
                                                                                                       2018.                                                 415–4737, or by email to pdr.resource@
                                               System (ADAMS) Accession No.
                                                                                                                                                             nrc.gov. The LS ‘‘Application for Order
                                               ML18025C035), and the Safety                            ADDRESSES:   You may submit comments
                                                                                                                                                             Approving License Transfer and
                                               Evaluation dated September 24, 2018                     by any of the following methods:
                                                                                                          • Federal Rulemaking website: Go to                Conforming Administrative License
                                               (ADAMS Accession No. ML18255A256),
                                                                                                       http://www.regulations.gov and search                 Amendments,’’ dated June 27, 2018, is
                                               which are available for public
                                                                                                       for Docket ID NRC–2018–0217. Address                  available in ADAMS under Accession
                                               inspection at the Commission’s Public
                                                                                                       questions about NRC Docket IDs to                     No. ML18184A444.
                                               Document Room (PDR), located at One
                                                                                                                                                                • NRC’s PDR: You may examine and
                                               White Flint North, Public File Area 01                  Jennifer Borges; telephone: 301–287–
                                                                                                                                                             purchase copies of public documents at
                                               F21, 11555 Rockville Pike (first floor),                9127; email: Jennifer.Borges@nrc.gov.
                                                                                                                                                             the NRC’s PDR, Room O1–F21, One
                                               Rockville, Maryland. Publicly available                 For technical questions contact the
                                                                                                                                                             White Flint North, 11555 Rockville
                                               documents created or received at the                    individual listed in the FOR FURTHER
                                                                                                                                                             Pike, Rockville, Maryland 20852.
                                               NRC are accessible electronically                       INFORMATION CONTACT section of this
                                               through ADAMS in the NRC Library at                     document                                              B. Submitting Comments
                                               http://www.nrc.gov/reading-rm/                             • Email comments to:                                 Please include Docket ID NRC–2018–
                                               adams.html. Persons who do not have                     hearing.docket@nrc.gov. If you do not                 0217 in your comment submission.
                                               access to ADAMS or who encounter                        receive an automatic email reply                        The NRC cautions you not to include
                                               problems in accessing the documents                     confirming receipt, then contact us at                identifying or contact information that
                                               located in ADAMS, should contact the                    301–415–1677.                                         you do not want to be publicly
                                               NRC PDR reference staff by telephone at                    • Fax comments to: Secretary, U.S.                 disclosed in your comment submission.
                                               1–800–397–4209, or 301–415–4737, or                     Nuclear Regulatory Commission at 301–                 The NRC will post all comment
                                               by e-mail to pdr.resource@nrc.gov.                      415–1101.                                             submissions at http://
                                                                                                          • Mail comments to: Secretary, U.S.                www.regulations.gov as well as enter the
                                                 Dated at Rockville, Maryland this 24th day
                                               of September, 2018.                                     Nuclear Regulatory Commission,                        comment submissions into ADAMS.
                                                                                                       Washington, DC 20555–0001, ATTN:                      The NRC does not routinely edit
                                                 For the Nuclear Regulatory Commission.
                                                                                                       Rulemakings and Adjudications Staff.                  comment submissions to remove
                                               Robert M. Taylor,                                          • Hand deliver comments to: 11555
                                               Director Division of Licensing, Siting, and                                                                   identifying or contact information.
                                                                                                       Rockville Pike, Rockville, Maryland                     If you are requesting or aggregating
                                               Environmental Analysis Office of New                    20852, between 7:30 a.m. and 4:15 p.m.
                                               Reactors                                                                                                      comments from other persons for
                                                                                                       (Eastern Time) Federal workdays;                      submission to the NRC, then you should
                                               [FR Doc. 2018–22159 Filed 10–10–18; 8:45 am]
                                                                                                       telephone: 301–415–1677.                              inform those persons not to include
                                               BILLING CODE 7590–01–P                                     For additional direction on obtaining
                                                                                                                                                             identifying or contact information that
                                                                                                       information and submitting comments,
                                                                                                                                                             they do not want to be publicly
                                                                                                       see ‘‘Obtaining Information and
                                               NUCLEAR REGULATORY                                                                                            disclosed in their comment submission.
                                                                                                       Submitting Comments’’ in the
                                               COMMISSION                                                                                                    Your request should state that the NRC
                                                                                                       SUPPLEMENTARY INFORMATION section of
                                                                                                                                                             does not routinely edit comment
                                                                                                       this document.
                                               [Docket No. 50–409; NRC–2018–0217]                                                                            submissions to remove such information
                                                                                                       FOR FURTHER INFORMATION CONTACT:
khammond on DSK30JT082PROD with NOTICES




                                                                                                                                                             before making the comment
                                                                                                       Marlayna Vaaler, Office of Nuclear                    submissions available to the public or
                                               La Crosse Boiling Water Reactor;
                                                                                                       Material Safety and Safeguards,                       entering the comment into ADAMS.
                                               Consideration of Approval of Transfer
                                                                                                       telephone: 301–415–3178, email:
                                               of License and Conforming                                                                                     II. Introduction
                                                                                                       marlayna.vaaler@nrc.gov; U.S. Nuclear
                                               Amendment
                                                                                                       Regulatory Commission, Washington,                       The NRC is considering the issuance
                                               AGENCY:Nuclear Regulatory                               DC 20555–0001.                                        of an order under section 50.80 of title
                                               Commission.                                             SUPPLEMENTARY INFORMATION:                            10 of the Code of Federal Regulations


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                                               51510                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                               (10 CFR), approving the direct transfer                 significant hazards consideration. No                 petitioner seeks to have litigated in the
                                               of control of Facility Operating License                contrary determination has been made                  proceeding. Each contention must
                                               No. DPR–45 for the LACBWR, currently                    with respect to this specific license                 consist of a specific statement of the
                                               held by LS. The transfer would be to                    amendment application. In light of the                issue of law or fact to be raised or
                                               DPC. The NRC is also considering                        generic determination reflected in 10                 controverted. In addition, the petitioner
                                               amending the facility operating license                 CFR 2.1315, no public comments with                   must provide a brief explanation of the
                                               for administrative purposes to reflect                  respect to significant hazards                        bases for the contention and a concise
                                               the proposed transfer.                                  considerations are being solicited,                   statement of the alleged facts or expert
                                                  Following approval of the proposed                   notwithstanding the general comment                   opinion that support the contention and
                                               direct transfer of control of the license,              procedures contained in 10 CFR 50.91.                 on which the petitioner intends to rely
                                               DPC would acquire full ownership of                                                                           in proving the contention at the hearing.
                                               the facility, similar to what existed                   III. Opportunity To Comment
                                                                                                                                                             The petitioner must also provide
                                               before the June 2016 license transfer to                   Within 30 days from the date of                    references to the specific sources and
                                               LS. The proposed amendment would                        publication of this notice, persons may               documents on which the petitioner
                                               reflect that LS’s licensed possession,                  submit written comments regarding the                 intends to rely to support its position on
                                               maintenance, and decommissioning                        license transfer application, as provided             the issue. The petition must include
                                               authorities have been transitioned back                 for in 10 CFR 2.1305. The Commission                  sufficient information to show that a
                                               to DPC upon completion of                               will consider and, if appropriate,                    genuine dispute exists with the
                                               decommissioning activities at the                       respond to these comments, but such                   applicant or licensee on a material issue
                                               LACBWR site. Thereafter, DPC will                       comments will not otherwise constitute                of law or fact. Contentions must be
                                               maintain the onsite independent spent                   part of the decisional record. Comments               limited to matters within the scope of
                                               fuel storage installation (ISFSI), and the              should be submitted as described in the               the proceeding. The contention must be
                                               ultimate disposition of the spent nuclear               ADDRESSES section of this document.                   one which, if proven, would entitle the
                                               fuel will be provided for under the                     IV. Opportunity To Request a Hearing;                 petitioner to relief. A petitioner who
                                               terms of DPC’s Standard Contract for                    Petition for Leave To Intervene                       fails to satisfy the requirements at 10
                                               Disposal of Spent Nuclear Fuel and/or                                                                         CFR 2.309(f) with respect to at least one
                                               High Level Waste with the U.S.                             Within 20 days after the date of                   contention will not be permitted to
                                               Department of Energy. DPC will also                     publication of this notice, any persons               participate as a party.
                                               continue to maintain its nuclear                        (petitioner) whose interest may be                       Those permitted to intervene become
                                               decommissioning trust, a grantor trust                  affected by this action may file a request            parties to the proceeding, subject to any
                                               in which funds are segregated from its                  for a hearing and petition for leave to               limitations in the order granting leave to
                                               assets and outside its administrative                   intervene (petition) with respect to the              intervene. Parties have the opportunity
                                               control, in accordance with the                         action. Petitions shall be filed in                   to participate fully in the conduct of the
                                               requirements of 10 CFR 50.75(e)(1).                     accordance with the Commission’s                      hearing with respect to resolution of
                                                  The NRC’s regulations at 10 CFR                      ‘‘Agency Rules of Practice and                        that party’s admitted contentions,
                                               50.80 state that no license, or any right               Procedure’’ in 10 CFR part 2. Interested              including the opportunity to present
                                               thereunder, shall be transferred, directly              persons should consult a current copy                 evidence, consistent with the NRC’s
                                               or indirectly, through transfer of control              of 10 CFR 2.309. The NRC’s regulations                regulations, policies, and procedures.
                                               of the license, unless the Commission                   are accessible electronically from the                   Petitions must be filed no later than
                                               shall give its consent in writing. The                  NRC Library on the NRC’s website at                   20 days from the date of publication of
                                               Commission will approve an                              http://www.nrc.gov/reading-rm/doc-                    this notice. Petitions and motions for
                                               application for the direct transfer of a                collections/cfr/. Alternatively, a copy of            leave to file new or amended
                                               license if the Commission determines                    the regulations is available at the NRC’s             contentions that are filed after the
                                               that the proposed transferee is qualified               Public Document Room, located at One                  deadline will not be entertained absent
                                               to hold the license, and that the transfer              White Flint North, Room O1–F21, 11555                 a determination by the presiding officer
                                               is otherwise consistent with applicable                 Rockville Pike (first floor), Rockville,              that the filing demonstrates good cause
                                               provisions of law, regulations, and                     Maryland 20852. If a petition is filed,               by satisfying the three factors in 10 CFR
                                               orders issued by the Commission.                        the Commission or a presiding officer                 2.309(c)(1)(i) through (iii). The petition
                                                  Before issuance of the proposed                      will rule on the petition and, if                     must be filed in accordance with the
                                               conforming license amendment, the                       appropriate, a notice of a hearing will be            filing instructions in the ‘‘Electronic
                                               Commission will have made findings                      issued.                                               Submissions (E-Filing)’’ section of this
                                               required by the Atomic Energy Act of                       As required by 10 CFR 2.309(d) the                 document.
                                               1954, as amended (the Act), and the                     petition should specifically explain the                 A State, local governmental body,
                                               Commission’s regulations. An                            reasons why intervention should be                    Federally-recognized Indian Tribe, or
                                               Environmental Assessment will not be                    permitted with particular reference to                agency thereof, may submit a petition to
                                               performed because, pursuant to 10 CFR                   the following general requirements for                the Commission to participate as a party
                                               51.22(c)(21), license transfer approvals                standing: (1) The name, address, and                  under 10 CFR 2.309(h)(1). The petition
                                               and the associated license amendments                   telephone number of the petitioner; (2)               should state the nature and extent of the
                                               are categorically excluded from the                     the nature of the petitioner’s right under            petitioner’s interest in the proceeding.
                                               requirements to perform an                              the Act to be made a party to the                     The petition should be submitted to the
                                               Environmental Assessment.                               proceeding; (3) the nature and extent of              Commission no later than 20 days from
                                                  As provided in 10 CFR 2.1315, unless                                                                       the date of publication of this notice.
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                                                                                                       the petitioner’s property, financial, or
                                               otherwise determined by the                             other interest in the proceeding; and (4)             The petition must be filed in accordance
                                               Commission with regard to a specific                    the possible effect of any decision or                with the filing instructions in the
                                               application, the Commission has                         order which may be entered in the                     ‘‘Electronic Submissions (E-Filing)’’
                                               determined that any amendment to the                    proceeding on the petitioner’s interest.              section of this document, and should
                                               license of a utilization facility which                    In accordance with 10 CFR 2.309(f),                meet the requirements for petitions set
                                               does no more than conform the license                   the petition must also set forth the                  forth in this section, except that under
                                               to reflect the transfer action involves no              specific contentions which the                        10 CFR 2.309(h)(2) a State, local


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                                                                           Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices                                          51511

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


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                                               51512                       Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Notices

                                                 The Commission will issue a notice or                 the competitive product list, or the                  POSTAL SERVICE
                                               order granting or denying a hearing                     modification of an existing product
                                               request or intervention petition,                       currently appearing on the market                     Product Change—Priority Mail
                                               designating the issues for any hearing                  dominant or the competitive product                   Negotiated Service Agreement
                                               that will be held and designating the                   list.
                                                                                                                                                             AGENCY:   Postal ServiceTM.
                                               Presiding Officer. A notice granting a                     Section II identifies the docket
                                               hearing will be published in the Federal                                                                      ACTION:   Notice.
                                                                                                       number(s) associated with each Postal
                                               Register and served on the parties to the               Service request, the title of each Postal             SUMMARY:    The Postal Service gives
                                               hearing.                                                Service request, the request’s acceptance             notice of filing a request with the Postal
                                                 For further details with respect to this              date, and the authority cited by the                  Regulatory Commission to add a
                                               application, see the application dated                  Postal Service for each request. For each             domestic shipping services contract to
                                               June 27, 2018.                                          request, the Commission appoints an                   the list of Negotiated Service
                                                  Dated at Rockville, Maryland, on October             officer of the Commission to represent                Agreements in the Mail Classification
                                               4, 2018.                                                the interests of the general public in the            Schedule’s Competitive Products List.
                                                  For the Nuclear Regulatory Commission.               proceeding, pursuant to 39 U.S.C. 505                 DATES: Date of required notice: October
                                               Bruce A. Watson,                                        (Public Representative). Section II also              11, 2018.
                                               Chief, Reactor Decommissioning Branch,                  establishes comment deadline(s)
                                                                                                       pertaining to each request.                           FOR FURTHER INFORMATION CONTACT:
                                               Division of Decommissioning, Uranium
                                               Recovery, and Waste Programs, Office of
                                                                                                                                                             Elizabeth Reed, 202–268–3179.
                                                                                                          The public portions of the Postal
                                               Nuclear Material Safety and Safeguards.                 Service’s request(s) can be accessed via              SUPPLEMENTARY INFORMATION: The
                                               [FR Doc. 2018–22100 Filed 10–10–18; 8:45 am]            the Commission’s website (http://                     United States Postal Service® hereby
                                               BILLING CODE 7590–01–P                                  www.prc.gov). Non-public portions of                  gives notice that, pursuant to 39 U.S.C.
                                                                                                       the Postal Service’s request(s), if any,              3642 and 3632(b)(3), on October 4, 2018,
                                                                                                       can be accessed through compliance                    it filed with the Postal Regulatory
                                               POSTAL REGULATORY COMMISSION                            with the requirements of 39 CFR                       Commission a USPS Request to Add
                                                                                                       3007.301.1                                            Priority Mail Contract 466 to
                                               [Docket Nos. MC2019–1 and CP2019–1]                                                                           Competitive Product List. Documents
                                                                                                          The Commission invites comments on                 are available at www.prc.gov, Docket
                                               New Postal Products                                     whether the Postal Service’s request(s)               Nos. MC2019–1, CP2019–1.
                                                                                                       in the captioned docket(s) are consistent
                                               AGENCY:   Postal Regulatory Commission.                 with the policies of title 39. For                    Elizabeth Reed,
                                               ACTION:   Notice.                                       request(s) that the Postal Service states             Attorney, Corporate and Postal Business Law.
                                               SUMMARY:   The Commission is noticing a                 concern market dominant product(s),                   [FR Doc. 2018–22062 Filed 10–10–18; 8:45 am]
                                               recent Postal Service filing for the                    applicable statutory and regulatory                   BILLING CODE 7710–12–P
                                               Commission’s consideration concerning                   requirements include 39 U.S.C. 3622, 39
                                               negotiated service agreements. This                     U.S.C. 3642, 39 CFR part 3010, and 39
                                               notice informs the public of the filing,                CFR part 3020, subpart B. For request(s)
                                               invites public comment, and takes other                 that the Postal Service states concern                SECURITIES AND EXCHANGE
                                               administrative steps.                                   competitive product(s), applicable                    COMMISSION
                                                                                                       statutory and regulatory requirements
                                               DATES: Comments are due: October 12,
                                                                                                       include 39 U.S.C. 3632, 39 U.S.C. 3633,               [Release No. 34–84365; File No. SR–IEX–
                                               2018.
                                                                                                       39 U.S.C. 3642, 39 CFR part 3015, and                 2018–21]
                                               ADDRESSES: Submit comments                              39 CFR part 3020, subpart B. Comment
                                               electronically via the Commission’s                     deadline(s) for each request appear in                Self-Regulatory Organizations:
                                               Filing Online system at http://                         section II.                                           Investors Exchange LLC; Notice of
                                               www.prc.gov. Those who cannot submit                                                                          Filing and Immediate Effectiveness of
                                               comments electronically should contact                  II. Docketed Proceeding(s)
                                                                                                                                                             Proposed Rule Change To Correct
                                               the person identified in the FOR FURTHER                  1. Docket No(s).: MC2019–1 and                      Several Typographical Errors in IEX
                                               INFORMATION CONTACT section by                                                                                Rule 2.160 Added by a Previous Filing
                                                                                                       CP2019–1; Filing Title: USPS Request to
                                               telephone for advice on filing                          Add Priority Mail Contract 466 to
                                               alternatives.                                                                                                 October 4, 2018.
                                                                                                       Competitive Product List and Notice of
                                               FOR FURTHER INFORMATION CONTACT:                        Filing Materials Under Seal; Filing                      Pursuant to Section 19(b)(1) 1 of the
                                               David A. Trissell, General Counsel, at                  Acceptance Date: October 4, 2018;                     Securities Exchange Act of 1934
                                               202–789–6820.                                           Filing Authority: 39 U.S.C. 3642 and 39               (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                       CFR 3020.30 et seq., and 39 CFR 3015.5;               notice is hereby given that, on October
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       Public Representative: Christopher C.                 4, 2018, the Investors Exchange LLC
                                               Table of Contents                                       Mohr; Comments Due: October 12, 2018.                 (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
                                                                                                                                                             Securities and Exchange Commission
                                               I. Introduction                                           This Notice will be published in the                (‘‘Commission’’) the proposed rule
                                               II. Docketed Proceeding(s)                              Federal Register.                                     change as described in Items I and II
                                                                                                       Stacy L. Ruble,                                       below, which Items have been prepared
                                               I. Introduction
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                                                                                                       Secretary.                                            by the self-regulatory organization. The
                                                  The Commission gives notice that the                 [FR Doc. 2018–22106 Filed 10–10–18; 8:45 am]          Commission is publishing this notice to
                                               Postal Service filed request(s) for the                                                                       solicit comments on the proposed rule
                                                                                                       BILLING CODE 7710–FW–P
                                               Commission to consider matters related                                                                        change from interested persons.
                                               to negotiated service agreement(s). The                   1 See Docket No. RM2018–3, Order Adopting
                                               request(s) may propose the addition or                  Final Rules Relating to Non-Public Information,
                                                                                                                                                               1 15 U.S.C. 78s(b)(1).
                                               removal of a negotiated service                         June 27, 2018, Attachment A at 19–22 (Order No.         2 15 U.S.C. 78a.
                                               agreement from the market dominant or                   4679).                                                  3 17 CFR 240.19b–4.




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Document Created: 2018-10-11 15:37:19
Document Modified: 2018-10-11 15:37:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionApplication for direct transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene
DatesComments must be filed by November 13, 2018. A request for a hearing must be filed by October 31, 2018.
ContactMarlayna Vaaler, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-3178, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation83 FR 51509 

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