[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53507-53511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18775]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-143; NRC-2022-0097]
Nuclear Fuel Services, Inc.
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene; order imposing procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff has
received an application from Nuclear Fuel Services, Inc. (NFS or the
licensee) to amend special nuclear materials (SNM) license number SNM-
124. The amended license would authorize the licensee to perform
uranium purification and conversion services at the NFS site pursuant
to a contract with the U.S. Department of Energy's National Nuclear
Security Administration (NNSA). Because the amendment request contains
sensitive unclassified non-safeguards information (SUNSI), an order
imposes procedures to obtain access to SUNSI for contention preparation
by persons who file a
[[Page 53508]]
hearing request or petition for leave to intervene.
DATES: Requests for a hearing or petition for leave to intervene must
be filed by October 31, 2022. Any potential party as defined in Section
2.4 of title 10 of the Code of Federal Regulations (10 CFR) who
believes access to SUNSI is necessary to respond to this notice must
request document access by September 12, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0097 when contacting the
NRC about the availability of information regarding this action. You
may obtain publicly available information related to this action using
any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0097. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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 https://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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: James Downs, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-7744, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated November 18, 2021, an
application from Nuclear Fuel Services, Inc. (NFS or licensee) to amend
SNM license number SNM-124. The NRC also received two letters, each
dated February 24, 2022, that supplement this application. The amended
license would authorize the licensee to perform uranium purification
and conversion services at the NFS site pursuant to a contract with the
NNSA. According to NFS this contract would bridge the gap between
shutting down NNSA legacy uranium processing equipment and starting up
a new NNSA process utilizing electrorefining technology. Under 10 CFR
70.72, ``Facility changes and change process,'' this work requires a
license amendment because NFS determined that the uranium purification
and conversion services: (1) have the potential to introduce new
accident scenarios to the existing NRC-licensed activities that, unless
mitigated or prevented, would exceed the performance requirements of 10
CFR 70.61, ``Performance requirements,'' and have not previously been
described in the integrated safety analysis summary; and (2) use new
processes, technologies, or control systems for which the licensee has
no prior experience.
As documented in an administrative completeness review, dated March
25, 2022, NRC found the application, as supplemented, acceptable for a
technical review. During the technical review, the NRC will review the
application, as supplemented, in areas that include, but are not
limited to, radiation safety, chemical safety, fire safety, security,
environmental protection, and material control/accountability. Prior to
reaching a decision on the request to amend SNM license number SNM-124,
the NRC will need to conduct a review and make a determination in
accordance with the Atomic Energy Act of 1954, as amended (the Act),
and the NRC's regulations. The NRC's findings will be documented in a
safety evaluation report.
II. Additional Information
On April 27, 2022, the NRC issued a notice in the Federal Register
(87 FR 25054) regarding the referenced license amendment request with a
60-day period to request a hearing ending June 27, 2022. After
receiving a request from a petitioner to extend the deadline, citing
hardships related to the ongoing COVID-19 pandemic, the NRC granted a
30-day extension to the original deadline. After receiving another
request to grant an additional extension, the NRC decided to re-issue
this notice and to include procedures to access SUNSI for any potential
party who believes that access to SUNSI is necessary to respond to this
notice.
III. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS.
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Document description ADAMS Accession No.
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Cover letter from NFS for license ML21327A099.
amendment request with summary of
changes, affidavit on trade secrets or
commercial information, and Attachment
1--Proposed License Application, dated
November 18, 2021.
Attachment 2--Proposed Integrated Safety ML21327A097 (non-public,
Analysis Summary. withheld pursuant to 10 CFR
2.390).
Attachment 3--Proposed Emergency Plan... ML21327A098 (non-public,
withheld pursuant to 10 CFR
2.390).
Attachment 4--Proposed Supplemental ML21327A101 (non-public,
Environmental Report. withheld pursuant to 10 CFR
2.390).
Attachment 5--Proposed Decommissioning ML21327A100 (non-public,
Cost Estimate. withheld pursuant to 10 CFR
2.390).
Request for supplemental information ML22014A421.
from NRC, dated January 21, 2022.
Cover letter from NFS for response to ML22066B004.
supplemental information with affidavit
on trade secrets or commercial
information, dated February 24, 2022.
Attachment--Response to request for ML22066B003 (non-public,
supplementation information. withheld pursuant to 10 CFR
2.390).
Enclosure--Proposed Supplemental ML22066B005.
Environmental Report, dated November
30, 2021.
Cover letter from NFS on additional ML22069A315.
supplemental background information
with affidavit on trade secrets or
commercial information, dated February
24, 2022.
[[Page 53509]]
Enclosure A--Seismic Evaluation of the ML22069A316 (non-public,
Nuclear Fuel Services Fuel Fabrication withheld pursuant to 10 CFR
Facility. 2.390).
Enclosure B--Seismic Evaluation of ML22069A317 (non-public,
Equipment for Nuclear Fuel Services withheld pursuant to 10 CFR
Fuel Fabrication Facility. 2.390).
Enclosure C--Integrated Safety Analysis ML22069A318 (non-public,
Summary, Revision 1, for Building 301 withheld pursuant to 10 CFR
Highly Enriched Uranium Metal 2.390).
Production Facility.
Acceptance of application from NRC for ML22080A238.
detailed technical review of the NFS U-
metal license amendment request, dated
March 25, 2022.
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IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (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. If a petition is filed, the presiding
officer will rule on the petition and, if appropriate, a notice of a
hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
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).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
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).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the Guidance for Electronic Submissions to the NRC (ADAMS
Accession No. ML13031A056) and on the NRC's public website at https://www.nrc.gov/site-help/e-submittals.html.
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 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 https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://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. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 to
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 https://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 9:00
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's
[[Page 53510]]
electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, 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. 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
should not include copyrighted materials in their submission.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing or
opportunity for hearing, any potential party who believes access to
SUNSI is necessary to respond to this notice may request access to
SUNSI. A ``potential party'' is any person who intends to participate
as a party by demonstrating standing and filing an admissible
contention under 10 CFR 2.309. Requests for access to SUNSI submitted
later than 10 days after publication of this notice will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Deputy General Counsel
for Licensing, Hearings, and Enforcement, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
The expedited delivery or courier mail address for both offices is:
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses for the Office of the Secretary and
the Office of the General Counsel are [email protected] and
[email protected], respectively.\1\ The request must
include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3), the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2), the NRC staff will notify the requestor in writing
that access to SUNSI has been granted. The written notification will
contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and requisite need, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if this individual is unavailable, another
administrative judge, or an Administrative Law Judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if this
individual is unavailable, another administrative judge, or an
Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a);
or (c) if another officer has been designated to rule on information
access issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether
[[Page 53511]]
granting or denying access) is governed by 10 CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) apply to
appeals of NRC staff determinations (because they must be served on
a presiding officer or the Commission, as applicable), but not to
the initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated: August 25, 2022.
For the Nuclear Regulatory Commission.
Brooke P. Clark,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
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Day Event/activity
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0..................... Publication of Federal Register notice of
hearing or opportunity for hearing, including
order with instructions for access requests.
10.................... Deadline for submitting requests for access to
Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
supporting the standing of a potential party
identified by name and address; describing the
need for the information in order for the
potential party to participate meaningfully in
an adjudicatory proceeding.
60.................... Deadline for submitting petition for
intervention containing: (i) demonstration of
standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention; +7
petitioner/requestor reply).
20.................... U.S. Nuclear Regulatory Commission (NRC) staff
informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe standing
can be established and shows need for SUNSI.
(NRC staff also informs any party to the
proceeding whose interest independent of the
proceeding would be harmed by the release of
the information.) If NRC staff makes the
finding of need for SUNSI and likelihood of
standing, NRC staff begins document processing
(preparation of redactions or review of
redacted documents).
25.................... If NRC staff finds no ``need'' or no likelihood
of standing, the deadline for petitioner/
requestor to file a motion seeking a ruling to
reverse the NRC staff's denial of access; NRC
staff files copy of access determination with
the presiding officer (or Chief Administrative
Judge or other designated officer, as
appropriate). If NRC staff finds ``need'' for
SUNSI, the deadline for any party to the
proceeding whose interest independent of the
proceeding would be harmed by the release of
the information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30.................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40.................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file motion
for Protective Order and draft Non-Disclosure
Agreement or Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement or
Affidavit for SUNSI.
A..................... If access granted: issuance of presiding officer
or other designated officer decision on motion
for protective order for access to sensitive
information (including schedule for providing
access and submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
A + 3................. Deadline for filing executed Non-Disclosure
Agreements or Affidavits. Access provided to
SUNSI consistent with decision issuing the
protective order.
A + 28................ Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to) the
information and the deadline for filing all
other contentions (as established in the notice
of hearing or notice of opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................ (Contention receipt +25) Answers to contentions
whose development depends upon access to SUNSI.
A + 60................ (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 60............... Decision on contention admission.
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[FR Doc. 2022-18775 Filed 8-30-22; 8:45 am]
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