[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36630-36633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16188]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-9059; NRC-2018-0158]


Water Remediation Technology, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; opportunity to request a hearing 
and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received an 
application from Water Remediation Technology, LLC for renewal of 
Materials License No. SUC-1591, which authorizes the licensee to offer 
a water treatment program to remove uranium from drinking water at 
community water systems, for another 10-year term. This application, 
which is still under consideration by the NRC, also requested 
authorization to expand the scope of WRT's licensed activities to 
include treatment of uranium in groundwater and surface water resources 
not used for drinking water. Subsequently, the NRC received a request 
from WRT to extend the term of the renewed license to 20 years.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by September 28, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0158 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-2018-0158. Address 
questions about NRC dockets 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.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Christopher Grossman, Office of 
Nuclear

[[Page 36631]]

Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0140, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated December 21, 2016, WRT submitted a license 
amendment application to renew its Materials License No. SUC-1591 
(ADAMS Accession No. ML16358A447) for an additional 10-year term. The 
NRC originally issued this license on January 25, 2007 (ADAMS Accession 
No. ML062960465) and subsequently amended the license on March 12, 2009 
(ADAMS Accession No. ML090270210). This license was issued under part 
40 of title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
licensing of source material.'' The license, described as a 
performance-based, multi-site service provider license, allows WRT to 
utilize its water treatment technology to remove uranium from drinking 
water treated by community water systems in NRC-regulated States. The 
license also permits WRT to possess source material generated from 
these operations. The license's current expiration date is January 25, 
2017. However, in accordance with 10 CFR 40.42, the existing license 
will not expire during the pendency of the NRC staff's review of the 
renewal application. In addition, WRT's December 21, 2016, application 
also requested an amendment to expand the scope of its current license 
to allow it to remove uranium from non-drinking water sources. On April 
24, 2017, NRC provided a notice of opportunity for hearing and petition 
for leave to intervene (82 FR 18939) on WRT's December 16, 2016 
application for license renewal and expanded scope authorization. The 
NRC's review of WRT's December 21, 2016 application currently pends.
    At a public meeting between NRC and WRT on January 10, 2018, WRT 
informed NRC it intended to submit a written request to seek an 
extension of its license term from 10 years to 20 years (ADAMS 
Accession No. ML18031B214). By letter dated January 16, 2018, WRT 
submitted this request to extend the license renewal term from 10 to 20 
years (ADAMS Accession No. ML18016B080). As support for its request to 
extend the license renewal term, WRT identifies a Commission Staff 
Requirements Memorandum issued on November 9, 2017 (ADAMS Accession No. 
ML17313B020). The November 9, 2017 Staff Requirements Memorandum 
approved a staff recommendation set forth in staff paper SECY-17-0086, 
``Increasing Licensing Terms for Uranium Recovery Facilities'' (ADAMS 
Accession No. ML17093A951) to increase the maximum license terms for 
uranium recovery facilities from 10 to 20 years. The extension of the 
maximum term applies to both new license applications and license 
renewal applications.
    In considering whether to approve WRT's request to extend the term 
of its renewed license from 10 to 20 years, the NRC will determine 
whether WRT's proposed licensed activities, including those pertaining 
to its request for additional authorization to remove uranium from non-
drinking water sources, are bounded by the safety and technical 
analyses made or referenced by the staff in SECY-17-0086. The staff 
will make these findings as part of its broader safety and 
environmental findings for WRT's December 16, 2016, license amendment 
application. The NRC's findings will be documented in a safety 
evaluation report and an environmental assessment. The NRC will publish 
either a notice of a finding of no significant impact or notice of 
intent to prepare an environmental impact statement, as appropriate, in 
a future edition of the Federal Register.

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 a petition to intervene (petition) 
with respect to the action. Petitions shall be filed in accordance with 
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR 
part 2. Interested persons should consult a current copy of 10 CFR 
2.309. The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of the regulations is available 
at the NRC's Public Document Room, located at One White Flint North, 
Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 
20852. If a petition is filed, the Commission or a presiding officer 
will rule on the petition and, if appropriate, a notice of a hearing 
will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
petitioner's property, financial, or other interest in the proceeding; 
and (4) the possible effect of any decision or order which may be 
entered in the proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. Failure to satisfy 
these requirements in 10 CFR 2.309(f) will result in an inadmissible 
contention. Without at least one admissible contention, a petitioner 
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

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under 10 CFR 2.309(h)(1). The petition should state the nature and 
extent of the petitioner's interest in the proceeding. The petition 
should be submitted to the Commission by 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 
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 [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 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

[[Page 36633]]

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.

    Dated at Rockville, Maryland, this 24th day of July 2018.
    For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-16188 Filed 7-27-18; 8:45 am]
 BILLING CODE 7590-01-P