[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66314-66316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27832]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-27; NRC-2018-0282]
Pacific Gas & Electric Company; Humboldt Bay Independent Spent
Fuel Storage Installation; Renewal of Special Nuclear Materials License
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; receipt; notice of opportunity to
request a hearing and to petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of Special Nuclear Materials (SNM) License
No. SNM-2514, which currently authorizes Pacific Gas & Electric Company
(PG&E) to receive, possess, transfer, and store spent fuel from
Humboldt Bay Nuclear Power Plant (HPNPP) in the Humboldt Bay
Independent Spent Fuel Storage Installation (ISFSI). The renewed
license would authorize PG&E to continue to store spent fuel in the
Humboldt Bay ISFSI for an additional 40 years beyond the current
license expiration date of November 17, 2025.
DATES: A request for a hearing or petition for leave to intervene must
be filed by February 25, 2019.
ADDRESSES: Please refer to Docket ID NRC-2018-0282 or NRC Docket No.
72-27 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-2018-0282. Address
questions about Docket IDs in Regulations.gov to Krupskaya Castellon;
telephone: 301-287-9221; email: [email protected]. For
technical questions, contact the individual(s) 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]. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Christopher Markley, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6293; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated July 10, 2018, an application
from PG&E for renewal of SNM License No. SNM-2514 for the Humboldt Bay
ISFSI for an additional 40 years (ADAMS Accession No. ML18215A202). The
license currently authorizes PG&E to receive, possess, transfer, and
store spent fuel and Greater Than Class C Waste (GTCC) from HBNPP in
the Humboldt Bay ISFSI, located at the HBNPP site in Humboldt County,
California until the license term expires on November 17, 2025. This
license renewal, if approved, would authorize PG&E to continue to store
spent fuel and GTCC Waste at the Humboldt Bay ISFSI for an additional
40 years beyond its initial expiration, under the provisions of part 72
of title 10 of the Code of Federal Regulations (10 CFR), ``Licensing
Requirements for the Independent Storage of Spent Nuclear Fuel, High-
Level Radioactive Waste, and Reactor-Related Greater Than Class C
Waste.''
Following an NRC administrative completeness review, documented in
a letter to PG&E dated November 14, 2018 (ADAMS Accession No.
ML18319A147), the NRC staff has determined that the renewal application
contains sufficient information for the NRC staff to begin its
technical review and is acceptable for docketing. The application has
been docketed in Docket No. 72-27, the existing docket for SNM License
No. SNM-2514. If the NRC approves the renewal application, the approval
will be documented in the renewal of SNM License No. SNM-2514. The NRC
will approve the license renewal application if it determines that the
application meets the standards and requirements of the Atomic Energy
Act of 1954, as amended (the Act), and the NRC's regulations. These
findings will be documented in a safety evaluation report. The NRC will
complete an environmental evaluation, in accordance with 10 CFR part
51, to determine if the preparation of an environmental impact
statement is warranted or if an environmental assessment and finding of
no significant impact are appropriate. This action will be the subject
of a subsequent notice in 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 petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR part 2. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. A copy of the regulations
is 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 that 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
[[Page 66315]]
statement of the alleged facts or expert opinion which support the
contention and on which the petitioner intends to rely in proving the
contention at the hearing. The petitioner must also provide references
to the specific sources and documents on which the petitioner intends
to rely to support its position on the issue. The petition must include
sufficient information to show that a genuine dispute exists with the
applicant or licensee on a material issue of law or fact. Contentions
must be limited to matters within the scope of the proceeding. The
contention must be one which, if proven, would entitle the petitioner
to relief. A petitioner who fails to satisfy the requirements at 10 CFR
2.309(f) with respect to at least one contention will not be permitted
to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section.
Alternatively, a State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities participating under
10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing
rule (72 FR 49139). 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 (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 documents are 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 documents 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 document 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
[[Page 66316]]
Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission, or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly-available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
IV. Availability of Documents
The documents identified in this Federal Register notice are
accessible to interested persons in ADAMS under the accession numbers
identified in the table below.
------------------------------------------------------------------------
ADAMS Accession
Date Document No.
------------------------------------------------------------------------
August 3, 2018............... Package: Humboldt Bay ML18215A202.
ISFSI--Transmittal
of License Renewal
Application.
September 20, 2018........... Package: Request for ML18267A191.
Supplemental
Information for the
Technical Review of
the Application for
Renewal of the
Humboldt Bay
Independent Spent
Fuel Storage
Installation License
No. SNM-2514 (CAC
No. 001028)).
October 22, 2018............. Response to NRC ML18330A050.
Letter dated Sep.
20, 2018, ``Request
for Supplemental
Information for the
Technical Review of
the Application for
Renewal of the
Humboldt Bay
Independent Spent
Fuel Storage
Installation License
No. SNM-2514 (CAC
No. 001028).
November 14, 2018............ Letter to J. Welsch ML18319A147.
re: Application for
Renewal of the
Humboldt Bay
Independent Spent
Fuel Storage
Installation License
No. SNM-2514--
Accepted for Review
(EPID No. L-2018-RNW-
0016).
------------------------------------------------------------------------
Dated at Rockville, Maryland, this 19th day of December 2018.
For the Nuclear Regulatory Commission.
Christopher T. Markley,
Systems Performance Analyst, Renewals and Materials Branch, Division of
Spent Fuel Management, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2018-27832 Filed 12-21-18; 8:45 am]
BILLING CODE 7590-01-P