[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Pages 5580-5583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01915]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-113; NRC-2015-0013]
Pennsylvania State University
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment 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) has received an
application from Pennsylvania State University (PSU or the licensee) to
renew special nuclear materials (SNM) license number SNM-95 which
authorizes PSU to conduct research using high-enriched and low-enriched
uranium. The license renewal would allow PSU to continue licensed
activities for 10 years.
DATES: A request for a hearing or petition for leave to intervene must
be filed by April 3, 2015.
[[Page 5581]]
ADDRESSES: Please refer to Docket ID NRC-2015-0013 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0013. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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]. For
the convenience of the reader, the ADAMS accession numbers for
referenced documents 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 Ryder, Office of Nuclear
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001; telephone: 301-287-0651; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated September 23, 2013, as
supplemented on August 1, August 26, and November 5, 2014, an
application from PSU to renew special nuclear materials license number
SNM-95 which authorizes PSU to use high-enriched and low-enriched
uranium for research and educational purposes; uses include, but are
not limited to, fission counters and chambers, flux monitoring, and
instrument calibration. The license renewal would allow PSU to continue
licensed activities for 10 years. 10 CFR 70.38(a) states that a
specific license expires at the end of the day on the expiration date
stated in the license unless the licensee has filed an application for
renewal under Sec. 70.33 not less than 30 days before the expiration
date stated in the existing license. The term of the current license
expired on October 31, 2013; however, the application for renewal was
made 38 days prior to the expiration, and thus, the current license is
still in effect. The licensee is authorized to use SNM under Part 70 of
Title 10 of the Code of Federal Regulations (10 CFR).
An NRC administrative completeness review, dated November 19, 2014,
found the application acceptable for a technical review. During the
technical review, the NRC will be reviewing the application in areas
that include, but are not limited to, radiation safety, chemical
safety, fire safety, security, environmental protection,
decommissioning, and material control/accountability. Prior to
approving the request to renew special nuclear materials license number
SNM-95, the NRC will need to make the findings required by 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. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to the
renewal of the special nuclear materials license. Requests for a
hearing and a petition to intervene shall be filed in accordance with
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR
part 2. Interested person(s) should consult a current copy of 10 CFR
2.309, which is available at the NRC's PDR, located in One White Flint
North, Room O1-F21 (first floor), 11555 Rockville Pike, Rockville,
Maryland 20852. The NRC's regulations are accessible electronically
from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition
to intervene is filed within 60 days, the Commission or a presiding
officer designated by the Commission or by the Chief Administrative
Judge of the Atomic Safety and Licensing Board Panel will rule on the
request and/or petition. The Secretary or the Chief Administrative
Judge of the Atomic Safety and Licensing Board will issue a notice of
hearing or an appropriate order.
As required by 10 CFR 2.309, a petition to intervene shall set
forth, with particularity, the interest of the petitioner in the
proceeding and how that interest may be affected by the results of the
proceeding. The petition should specifically explain the reasons why
intervention should be permitted, with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/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 requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at 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
requestor/petitioner shall 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 requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements 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,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence, consistent
with NRC regulations, policies, and procedures. The Atomic Safety and
Licensing Board will set the time and place for any prehearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Petitions to intervene must be filed no later than 60 days from the
date of
[[Page 5582]]
publication of this notice. Requests for hearing, petitions to
intervene, and motions for leave to file new or amended contentions
that are filed after the 60-day 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)-
(iii).
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 by April
3, 2015. 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 to
intervene set forth in this section, except that under Sec.
2.309(h)(2) a State, local 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. A State, local governmental body, Federally-recognized
Indian tribe, or agency thereof may also have the opportunity to
participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in 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 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. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
April 3, 2015.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, 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;
August 28, 2007). 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. 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 ten 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 request (1) a digital identification (ID) certificate,
which allows the participant (or its counsel or representative) to
digitally sign documents and access the E-Submittal server for any
proceeding in which it is participating; and (2) advise the Secretary
that the participant will be submitting a request or petition for
hearing (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 Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.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 a hearing request/petition
to intervene is 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 Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site 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 Meta System Help Desk is available between 8 a.m. and 8 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
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, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this
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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
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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 the following table are available in
ADAMS to interested persons.
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ADAMS accession
Document No. Topic
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License renewal request for ML13273A207........ Initial submittal to
special nuclear materials renew license SNM-
license number SNM[dash]95, 95.
dated September 23, 2013.
Letter from J. Leavey, ML14219A484........ Cover letter:
Pennsylvania State Revised submittal
University, ``Resubmittal of responding to a
License Renewal Application request from the
Originally dated 09/23/13 in NRC staff to
Reply to NRC letter dated supplement the
November 18, 2014 (TAC September 23, 2013,
L33248),'' dated August 1, application.
2014.
Enclosure 1--Penn State ML14219A485........ Enclosure: Revised
University SNM-95 Renewal application to
Application, dated August 1, renew license SNM-
2014. 85.
Letter from J. Leavey, ML14245A462........ Cover letter:
Pennsylvania State Correction to the
University, ``Penn State revised application
Univ, Correction to License to renew license
Renewal Application Dated 08/ SNM-95.
01/14,'' dated August 26,
2014.
Enclosure to letter dated ML14251A325........ Enclosure: Corrected
August 26, 2014, ``Penn pages of revised
State Univ, Correction to application to
License Renewal Application renewal license SNM-
Dated 08/01/14, Redacted 95.
pages 33 and 34.''
``Amendments to PSU License ML14314A043........ Cover letter and
Renewal Application dated amendment to
August 1, 2014,'' dated license SNM-95
November 5, 2014. renewal
application.
``Acceptance for Technical ML14259A467........ Letter from NRC
Review, License SNM-0095 accepting the
Renewal (Technical revised application
Assignment Control Number to renew license
L33343,'' dated November 19, SNM-95 for a
2014. technical review.
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Dated at Rockville, Maryland, this 23rd day of January 2015.
For the Nuclear Regulatory Commission.
Robert K. Johnson,
Chief, Fuel Manufacturing Branch, Division of Fuel Cycle Safety,
Safeguards, and Environmental Review, Office of Nuclear Materials
Safety and Safeguards.
[FR Doc. 2015-01915 Filed 1-30-15; 8:45 am]
BILLING CODE 7590-01-P