ML19008A380

Petition for Review (W 26.1 and Related Case Certificate)

ML19008A380
Person / Time
Site:	07201000, HI-STORE
Issue date:	01/08/2019
From:	Curran D, Goldstein M, Reiser C Beyond Nuclear, Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, Turner Environmental Law Clinic
To:	NRC/OGC, US Federal Judiciary, Court of Appeals, US Federal Judiciary, District Court for the District of Columbia
References
1766672, 18-1340, 83FR32919, 83FR44070, NRC-2016-0231, NRC-2018-0055
Download: ML19008A380 (31)

Text

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

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BEYOND NUCLEAR, INC.,

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Petitioner,

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Case No. ____________

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v.

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UNITED STATES NUCLEAR

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REGULATORY COMMISSION and the

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UNTIED STATES OF AMERICA,

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Respondents.

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PETITION FOR REVIEW Pursuant to 42 U.S.C. § 2239, 28 U.S.C. § 2344, 5 U.S.C. § 702, 42 U.S.C. § 10139, Fed. R. App. P. 15(a), and D.C. Cir. Rule 15(a), Petitioner Beyond Nuclear, Inc., through its undersigned counsel, hereby petitions for review of a final Order by the United States Nuclear Regulatory Commission (the NRC or Commission), issued on October 29, 2018. A copy of the Order is attached as Exhibit A. In the Order, the NRC denied, on procedural grounds, Petitioners Motion to Dismiss the NRCs licensing proceedings for consideration of Holtec Internationals and Interim Storage Partners applications (together, the 18-1340 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 1 of 27 (Page 1 of Total)

2 Applications) to construct and operate consolidated interim storage facilities for spent nuclear reactor fuel.1 Order at 2.

In its Motion to Dismiss, Petitioner argued that the Applications - and by extension the NRCs very conduct in establishing licensing proceedings to review the Applications - violate the Nuclear Waste Policy Act (NWPA), 42 U.S.C. §§ 10222(a)(5)(A) and 10143, and the Administrative Procedure Act (APA), 5 U.S.C. §§ 706(2)(A) and (C). The key condition of both Applications - federal acquisition of title to commercially-generated spent nuclear fuel prior to the opening of a permanent repository - is contrary to the NWPA, which bars licensees from transferring title to spent fuel to the federal government until a repository has opened. See 42 U.S.C. §§ 10131, 10143, 10222(a)(5)(A); Indiana Mich. Power Co. v. Dept of Energy, 88 F.3d 1272, 1273 (D.C. Cir. 1996).

Without reaching the merits of Petitioners Motion to Dismiss, the Commission referred the matter to separate panels of the NRCs Atomic Safety and Licensing Board (ASLB) for consideration in the licensing proceedings for the Applications. Order at 2.

1 The NRC published notice of Holtec Internationals application in the Federal Register on July 16, 2018 at 83 Fed. Reg. 32,919. A copy is attached as Exhibit B.

The NRC published notice of Interim Storage Partners application in the Federal Register on August 29, 2018 at 83 Fed. Reg. 44,070. A copy is attached as Exhibit C.

USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 2 of 27 (Page 2 of Total)

3 Petitioner seeks review of the Commissions final determination that Petitioners NWPA and APA-based claims may be decided in the ASLBs licensing proceedings for consideration of the Applications. Petitioner maintains that the scope of the ASLBs authority extends only to the question of whether the Applications satisfy the Atomic Energy Act (AEA), the National Environmental Policy Act, and NRCs regulations implementing those statutes. 10 C.F.R. §§ 72.40, 51.101. Questions regarding compliance with the NWPA and APA are not considered licensing issues by the Commission and therefore are beyond the ASLBs regulatory purview. The Commissions Order constitutes final agency action on this issue because it conclusively resolves, against Petitioner, the claim that the Commission is the only entity that may decide whether the Applications violate the NWPA and APA.2 Accordingly, Petitioner respectfully requests this Court review, reverse, and vacate the Commissions Order to deny Petitioners Motion to Dismiss, order the Commission to review Petitioners claim that the Applications violate the NWPA and APA, and grant any other remedies that may be appropriate.

2 Notwithstanding the finality of the Order, because the Commission has referred the merits of Petitioners claims to the ASLB for further deliberations, Petitioner has today submitted a motion to hold this Petition for Review in abeyance pending the completion of the ASLBs review. Briefing and decisions in the administrative proceedings may resolve, narrow, or clarify the claims that apply to this Petition.

USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 3 of 27 (Page 3 of Total)

4 This petition is timely filed within the 60-day period established by the Hobbs Act, 28 U.S.C. § 2344. Venue is appropriate within the D.C. Circuit pursuant to 28 U.S.C. § 2343.

Respectfully Submitted,

___/signed electronically by/__

Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 Email: dcurran@harmoncurran.com

___/signed electronically by/__

Mindy Goldstein Turner Environmental Law Clinic Emory University School of Law 1301 Clifton Road Atlanta, GA 30322 404-727-3432 Email: magolds@emory.edu

___/signed electronically by/__

Caroline Reiser Turner Environmental Law Clinic Emory University School of Law 1301 Clifton Road Atlanta, GA 30322 404-727-9907 Email: caroline.j.reiser@emory.edu Counsel for Petitioner December 27, 2018 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 4 of 27 (Page 4 of Total)

CERTIFICATE OF SERVICE I, Diane Curran, hereby certify that on December 27, 2018, I posted Petitioners Petition for Review; Rule 26.1 Disclosure Statement; Certificate as to Parties, Rulings, and Related Cases; and Motion to Hold Petition for Review in Abeyance on the Courts ECF website. I also sent copies of those documents to the following by first-class mail:

Matthew G. Whitaker, Acting Atty, Gen. (by registered mail, return receipt req.)

c/o Jeffrey B. Clark, Assistant Attorney General United States Department of Justice Environment and Natural Resources Division 950 Pennsylvania Avenue N.W.

Washington, D.C. 20530-001 Marian Zobler, General Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Annette L. Vietti-Cook, Secretary (by registered mail, return receipt requested)

U.S. Nuclear Regulatory Commission Mail Stop O-16G4 Washington, D.C. 20555-0001 Jay Silberg, Esq.

Timothy J. Walsh, Esq.

Anne Leidich, Esq.

Michael Lepre, Esq.

Pillsbury Winthrop Shaw Pittman, L.L.P.

1200 Seventeenth St. N.W.

Washington, D.C. 20036 Paul M. Bessette, Esq.

Stephen Burdick, Esq.

Timothy P. Matthews, Esq.

Ryan K. Lightly, Esq.

Morgan, Lewis and Bockius, L.L.P 1111 Pennsylvania Ave. N.W.

Washington, D.C. 20004 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 5 of 27 (Page 5 of Total)

Terry J. Lodge, Esq.

316 N. Michigan Street, Suite 520 Toledo, OH 43604-5627 Wallace L. Taylor, Esq.

4403 1st Avenue, Suite 402 Cedar Rapids, IA 52404 Robert V. Eye, Esq.

Timothy J. Laughlin, Esq.

4804 Bob Billings Parkway Lawrence, KS 66049 Sachin S. Desai, Esq.

Allison E. Hellreich, Esq.

Hogan Lovells, L.L.P.

555 13th St. N.W.

Washington, D.C. 20004 Nancy L. Simmons, Esq.

120 Girard Blvd. SE Albuquerque, NM 87106 Respectfully Submitted,

___/signed electronically by/__

Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 Email: dcurran@harmoncurran.com USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 6 of 27 (Page 6 of Total)

EXHIBIT A USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 7 of 27 (Page 7 of Total)

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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In the Matters of

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HOLTEC INTERNATIONAL

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Docket No. 72-1051

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(HI-STORE Consolidated Interim Storage

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Facility)

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INTERIM STORAGE PARTNERS LLC

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Docket No. 72-1050

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(WCS Consolidated Interim Storage Facility)

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_________________________________________ )

ORDER On July 16, 2018, the NRC provided notice in the Federal Register of Holtec Internationals application to construct and operate a consolidated interim storage facility for spent nuclear fuel.1 Separately, on August 29, 2018, the NRC provided notice in the Federal Register of Interim Storage Partners application to construct and operate a consolidated interim storage facility for spent nuclear fuel.2 On September 14, 2018, Beyond Nuclear, Fasken Land and Minerals, and Permian Basin Land and Royalty Owners filed motions to dismiss both the Holtec and Interim Storage Partners applications.3 These groups argue that the NRC cannot, as a threshold matter, issue 1 Holtec International HI-STORE Consolidated Interim Storage Facility for Interim Storage of Spent Nuclear Fuel, 83 Fed. Reg. 32,919 (July 16, 2018).

2 Interim Storage Partners Waste Control Specialists Consolidated Interim Storage Facility, 83 Fed. Reg. 44,070 (Aug. 29, 2018), corrected, 83 Fed. Reg. 44,608 (Aug. 31, 2018) (noting that the correct deadline to file intervention petitions is October 29, 2018). Interim Storage Partners is a joint venture of Orano USA and Waste Control Specialists.

3 Beyond Nuclear filed its own motion to dismiss. Beyond Nuclear, Inc.s Motion to Dismiss Licensing Proceedings for Hi-Store Consolidated Interim Storage Facility and WCS Consolidated Interim Storage Facility for Violation of the Nuclear Waste Policy Act (Sept. 14, USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 8 of 27 (Page 8 of Total) licenses to Holtec or Interim Storage Partners because both applications are contrary to the Nuclear Waste Policy Act (NWPA). Specifically, the groups argue that both applications contemplate the storage of Department of Energy-titled spent fuel in violation of various NWPA provisions.

The NRCs regulations allow interested persons to file petitions to intervene and requests for hearing in which they can raise concerns regarding a particular license application.

These regulations do not, however, provide for the filing of threshold motions to dismiss a license application; instead, interested persons must file petitions to intervene and be granted a hearing. I therefore deny both motions to dismiss on procedural grounds, without prejudice to the underlying merits of the legal arguments embedded within the motions.

Beyond Nuclear also filed hearing petitions in the Holtec and Interim Storage Partners proceedings that incorporated by reference the NWPA arguments that it raised in its motion to dismiss and identified those arguments as proposed contentions.4 I am separately referring these hearing requestsas well as other hearing requests challenging the applicationsto the Atomic Safety and Licensing Board Panel (ASLBP) for the establishment of a Board to consider all hearing requests in accordance with the hearing procedures set forth in 10 C.F.R. §2.309.

And, in accordance with 10 C.F.R. § 2.346(i), I am referring the motion from Fasken Land and 2018) (ADAMS Accession No. ML18257A318). Fasken Land and Minerals joined with Permian Basin Land and Royalty Owners to file a motion to dismiss that is substantially similar to Beyond Nuclears motion. Motion of Fasken Land and Minerals and Permian Basin Land and Royalty Owners to Dismiss Licensing Proceedings for Hi-Store Consolidated Interim Storage Facility and WCS Consolidated Interim Storage Facility (Sept. 14, 2018) (ML18257A330). Both the NRC Staff and respective applicants filed oppositions to the motions, and Beyond Nuclear, Fasken Land and Minerals, and Permian Basin Land and Royalty Owners then filed replies.

4 Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Sept. 14, 2018)

(ML18257A324) (Holtec docket); Beyond Nuclear, Inc.s Hearing Request and Petition to Intervene (Oct. 3, 2018) (ML18276A242) (Interim Storage Partners docket). Fasken Land and Minerals and Permian Basin Land and Royalty Owners have not filed related hearing petitions in either docket.

USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 9 of 27 (Page 9 of Total)

Minerals and Permian Basin Land and Royalty Owners to the ASLBP for consideration under

§ 2.309.

This Order is issued under my authority in 10 C.F.R. § 2.346(c), (g), (i), and (j).

IT IS SO ORDERED.

For the Commission NRC SEAL

/RA/

Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 29th day of October 2018 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 10 of 27 (Page 10 of Total)

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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Docket No. 72-1051

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HOLTEC INTERNATIONAL

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(HI-STORE Consolidated Interim Storage

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Facility)

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER OF THE SECRETARY have been served upon the following persons by Electronic Information Exchange (EIE).

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Washington, DC 20555-0001 Sarah Ladin, Law Clerk E-mail: sarah.ladin@nrc.gov Joseph McManus, Law Clerk E-mail: joseph.mcmanus@nrc.gov Taylor A. Mayhall E-mail: taylor.mayhall@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Holtec Counsel Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC 20036 Jay Silberg, Esq.

E-mail: jay.silberg@pillsburylaw.com Timothy J. Walsh, Esq.

E-mail: timothy.walsh@pillsburylaw.com Anne Leidich, Esq.

E-mail: anne.leidich@pillsburylaw.com Michael Lepre, Esq.

E-mail: michael.lepre@pillsburylaw.com U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15 D21 Washington, DC 20555-0001 Patrick Moulding, Esq.

E-mail: patrick.moulding@nrc.gov Sara B. Kirkwood, Esq.

E-mail: sara.kirkwood@nrc.gov Mauri Lemoncelli, Esq.

E-mail: mauri.lemoncelli@nrc.gov Christopher Hair, Esq.

E-mail: christopher.hair@nrc.gov Joseph I. Gillespie, Esq.

E-mail: joe.gillespie@nrc.gov Krupskaya T. Castellon, Paralegal E-mail: krupskaya.castellon@nrc.gov OGC Mail Center: Members of this office have received a copy of this filing by EIE service.

Dont Waste Michigan 316 N. Michigan Street, Suite 520 Toledo, OH 43604-5627 Terry J. Lodge, Esq.

E-mail: tjlodge50@yahoo.com Sierra Club 4403 1st Avenue SE, Suite 402 Cedar Rapids, IA 52402 Wallace L. Taylor, Esq.

E-mail: wtaylor784@aol.com USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 11 of 27 (Page 11 of Total)

Docket No. 72-1051 ORDER OF THE SECRETARY 2

Harmon, Curran, Spielberg & Eisenberg LLP 1725 DeSales Street NW Suite 500 Washington, DC 20036 Diane Curran, Esq.

E-mail: dcurran@harmoncurran.com Robert V. Eye Law Office, LLC 4840 Bob Billings Parkway Lawrence, KS 66049 Robert V. Eye, Esq.

E-mail: bob@kauffmaneye.com Timothy J. Laughlin, Esq.

E-mail: tijay1300@gmail.com Turner Environmental Law Clinic 1301 Clifton Road Atlanta, GA 30322 Mindy Goldstein, Esq.

E-mail: magolds@emory.edu City of Carlsbad, NM 1024 N. Edward Carlsbad, NM 88220 Jason G. Shirley E-mail: jgshirley@cityofcarlsbadnm.com Eddy County, NM 101 W. Greene Street Carlsbad, NM Rick Rudometkin E-mail: rrudometkin@co.eddy.nm.us Hogan Lovells LLP 555 13th Street NW Washington, DC 20004 Sachin S. Desai, Esq.

E-mail: sachin.desai@hoganlovells.com Allison E. Hellreich, Esq.

E-mail: allison.hellreich@hoganlovells.com Law Office of Nancy L. Simmons 120 Girard Boulevard SE Albuquerque, NM 87106 Nancy L. Simmons, Esq.

E-mail: nlsstaff@swcp.com Eddy-Lea Energy Alliance 102 S. Canyon Carlsbad, NM 88220 John A. Heaton E-mail: jaheaton1@gmail.com City of Hobbs, NM 2605 Lovington Highway Hobbs, NM 88242 Garry A. Buie E-mail: gabuie52@hotmail.com Lea County, NM 100 N. Main Lovington, NM 88260 Jonathan B. Sena E-mail: jsena@leacounty.net

[Original signed by Brian Newell]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 29th day of October, 2018 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 12 of 27 (Page 12 of Total)

EXHIBIT B USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 13 of 27 (Page 13 of Total)

32919 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2018-0050 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-2018-0050.

• NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The supporting statement is available in ADAMS under Accession No. ML18127B276.

• NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

• NRCs Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRCs Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:

301-415-2084; email:

INFOCOLLECTS.Resource@NRC.GOV.

B. Submitting Comments The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://

www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

If you are requesting or aggregating comments from other persons for submission to the OMB, 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 comment submissions are not routinely edited to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.

II. Background Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, 10 CFR part 140, Financial Protection Requirements and Indemnity Agreements. The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

The NRC published a Federal Register notice with a 60-day comment period on this information collection on April 10, 2018 (83 FR 15422).

1. The title of the information collection: 10 CFR part 140, Financial Protection Requirements and Indemnity Agreements.

2. OMB approval number: 3150-0039.

3. Type of submission: Revision.

4. The form number, if applicable:

N/A.

5. How often the collection is required or requested: On occasion, as needed for applicants and licensees to meet their responsibilities called for in Sections 170 and 193 of the Atomic Energy Act of 1954.

6. Who will be required or asked to respond: Each applicant for or holder of a license issued under parts 50 or 54 of title 10 of the Code of Federal Regulations (10 CFR) to operate a nuclear reactor, or the applicant for or holder of a combined license issued under parts 52 or 54 of 10 CFR, as well as licensees authorized to possess and use plutonium in a plutonium processing and fuel fabrication plant. In addition, licensees authorized to construct and operate a uranium enrichment facility in accordance with parts 40 and 70 of 10 CFR.

7. The estimated number of annual responses: 102.

8. The estimated number of annual respondents: 102.

9. The estimated number of hours needed annually to comply with the information collection requirement or request: 796.

10. Abstract: 10 CFR part 140 specifies the information to be submitted by licensees that enables the NRC to assess (a) financial protection required by licensees and for the indemnification and limitation of liability of certain licensees and other persons pursuant to Section 170 of the Atomic Energy Act of 1954, as amended, and (b) the liability insurance required of plutonium processing and fuel fabrication plants, as well as uranium enrichment facility licensees pursuant to Section 193 of the Atomic Energy Act of 1954, as amended.

Dated at Rockville, Maryland, this 10th day of July, 2018.

For the Nuclear Regulatory Commission.

Kristen Benney, Acting NRC Clearance Officer, Office of the Chief Information Officer.

[FR Doc. 2018-15080 Filed 7-13-18; 8:45 am]

BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1051; NRC-2018-0055]

Holtec Internationals HI-STORE Consolidated Interim Storage Facility for Interim Storage of Spent Nuclear Fuel AGENCY: Nuclear Regulatory Commission.

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

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) received a license application from Holtec International (Holtec), by letter dated March 30, 2017, as supplemented on April 13, October 6, December 21, and 22, 2017; and February 22, 2018. By this application, Holtec is requesting authorization to construct and operate the HI-STORE Consolidated Interim Storage (CIS)

Facility, in Lea County, New Mexico. If the NRC approves the application and issues a license to Holtec, Holtec intends to store up to 8,680 metric tons of uranium (MTU) of commercial spent nuclear fuel in the HI-STORM UMAX Canister Storage System for a 40-year license term.

DATES: A request for a hearing or petition for leave to intervene must be filed by September 14, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0055 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-2018-0055. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287-9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\16JYN1.SGM 16JYN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 14 of 27 (Page 14 of Total)

32920 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices

• NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the Availability of Documents section of this document.

• NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jose R. Cuadrado, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0606; email: Jose.Cuadrado@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction The NRC received an application from Holtec for a specific license pursuant to 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.

On March 19, 2018, notice of the NRCs acceptance and docketing of the application and the public availability of the application was provided in the Federal Register (83 FR 12034).

Holtec is proposing to construct and operate the HI-STORE Consolidated Interim Storage (CIS) Facility on a large parcel of presently unused land owned by the Eddy-Lea Energy Alliance (ELEA), LLC. The ELEA was formed in 2006 in accordance with enabling legislation passed in New Mexico and consists of an alliance of the city of Carlsbad, Eddy County, the city of Hobbs, and Lea County. The proposed site for the CIS facility is located in southeastern New Mexico in Lea County, 32 miles east of Carlsbad, New Mexico, and 34 miles west of Hobbs, New Mexico.

Holtec is proposing to construct and operate Phase 1 of the CIS facility within an approximately 1,040 acre parcel. Holtec is currently requesting authorization to possess and store 500 canisters of spent nuclear fuel (SNF) containing up to 8,680 metric tons of uranium (MTUs), which includes spent uranium-based fuel from commercial nuclear reactors, as well as a small quantity of spent mixed-oxide fuel. If the NRC issues the requested license, Holtec expects to subsequently request additional amendments to the initial license to expand the storage capacity of the facility. In its plans, Holtec proposes expanding the facility in 19 subsequent expansion phases, each for an additional 500 canisters, to be completed over the course of 20 years.

Ultimately, Holtec anticipates that approximately 10,000 canisters of SNF would be stored at the CIS facility upon completion of 20 phases. Each phase would require NRC review and approval.

According to its application, Holtec intends to only use the HI-STORM UMAX Canister Storage System for storage of spent nuclear fuel canisters at the facility. The HI-STORM UMAX Canister Storage System stores the canister containing SNF entirely below-ground, providing a clear, unobstructed view of the entire CIS facility from any location.

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 (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 Commissions Agency Rules of Practice and Procedure in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR part 2. The NRCs regulations are accessible electronically from the NRC Library on the NRCs website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. A copy of the regulations is also available at the NRCs 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 petitioners right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioners 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 petitioners 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. 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 partys admitted contentions, including the opportunity to present evidence, consistent with the NRCs 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 petitioners 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 VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\16JYN1.SGM 16JYN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 15 of 27 (Page 15 of Total)

32921 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 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 NRCs 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 hearing.docket@nrc.gov, 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 NRCs 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 NRCs 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 NRCs 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 NRCs 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 NRCs adjudicatory E-Filing system may seek assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link located on the NRCs public website at http://

www.nrc.gov/site-help/e-submittals.html, by email to MSHD.Resource@nrc.gov, 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 NRCs 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. 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.

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32922 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the initial request to access SUNSI and/or SGI under these procedures should be submitted as described in this paragraph.

2 Broad SGI requests under these procedures are unlikely to meet the standard for need to know; furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement.

These procedures do not authorize unrestricted disclosure or less scrutiny of a requestors need to know than ordinarily would be applied in connection with an already-admitted contention or non-adjudicatory access to SGI.

3 The requestor will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address.

After providing this information, the requestor usually should be able to obtain access to the online form within one business day.

Title ADAMS accession No.

Holtec International HI-STORE CIS License Application................................................................................................................

ML17115A431 NRC request for supplemental information......................................................................................................................................

ML17191A356, ML17191A478 Holtec letter with schedule for response to NRC request for supplemental information.................................................................

ML17206A203 Holtecs October 6, 2017, information submittal in response to NRC request for supplemental information.................................

ML17310A21 Holtecs December 21, 2017, information submittal in response to NRC request for supplemental information...........................

ML17362A097 Holtecs December 22, 2017, information submittal in response to NRC request for supplemental information...........................

ML18011A158 Holtecs February 22, 2018, information submittal in response to proprietary information determination......................................

ML18058A617 NRC letter accepting application for review.....................................................................................................................................

ML18059A251 NRC Federal Register Notice of docketing Holtec license application..........................................................................................

ML18058A171 V. Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and 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 information (including Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI)). Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. Nothing in this Order is intended to conflict with the SGI regulations.

B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI or SGI is necessary to respond to this notice may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication 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, SGI, or both 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 Hearings and Administration, 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 address for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.1 The request must include the following information:

(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 partys particularized interest that could be harmed by the action identified in C.(1);

(3) If the request is for SUNSI, the identity of the individual or entity requesting access to SUNSI and the requestors 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; and (4) If the request is for SGI, the identity of each individual who would have access to SGI if the request is granted, including the identity of any expert, consultant, or assistant who will aid the requestor in evaluating the SGI.

In addition, the request must contain the following information:

(a) A statement that explains each individuals need to know the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent with the definition of need to know as stated in 10 CFR 73.2, the statement must explain:

(i) Specifically why the requestor believes that the information is necessary to enable the requestor to proffer and/or adjudicate a specific contention in this proceeding; 2 and (ii) The technical competence (demonstrable knowledge, skill, training or education) of the requestor to effectively utilize the requested SGI to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria.

(b) A completed Form SF-85, Questionnaire for Non-Sensitive Positions, for each individual who would have access to SGI. The completed Form SF-85 will be used by the Office of Administration to conduct the background check required for access to SGI, as required by 10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the requestors trustworthiness and reliability. For security reasons, Form SF-85 can only be submitted electronically through the electronic questionnaire for investigations processing (e-QIP) website, a secure website that is owned and operated by the Office of Personnel Management. To obtain online access to the form, the requestor should contact the NRCs Office of Administration at 301-415-3710.3 (c) A completed Form FD-258 (fingerprint card), signed in original ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form FD-258 may be obtained by writing the Office of Administrative Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by email to MAILSVC.Resource@nrc.gov. The fingerprint card will be used to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\16JYN1.SGM 16JYN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 17 of 27 (Page 17 of Total)

32923 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 4 This fee is subject to change pursuant to the Office of Personnel Managements adjustable billing rates.

5 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.

6 Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request.

all persons with access to SGI must be fingerprinted for an FBI identification and criminal history records check.

(d) A check or money order payable in the amount of $324.00 4 to the U.S.

Nuclear Regulatory Commission for each individual for whom the request for access has been submitted.

(e) If the requestor or any individual(s) who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59, the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestors basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final determination whether the claimed exemption applies.

Alternatively, the requestor may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request.

Persons who are exempt from the background check are not required to complete the SF-85 or Form FD-258; however, all other requirements for access to SGI, including the need to know, are still applicable.

Note: Copies of documents and materials required by paragraphs C.(4)(b), (c), and (d) of this Order must be sent to the following address: U.S.

Nuclear Regulatory Commission, ATTN:

Personnel Security Branch, Mail Stop TWFN-07-D04M, 11555 Rockville Pike, Rockville, MD 20852.

These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required.

D. To avoid delays in processing requests for access to SGI, the requestor should review all submitted materials for completeness and accuracy (including legibility) before submitting them to the NRC. The NRC will return incomplete packages to the sender without processing.

E. Based on an evaluation of the information submitted under paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.

F. For requests for access to SUNSI, if the NRC staff determines that the requestor satisfies both E.(1) and E.(2) above, 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 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.5 G. For requests for access to SGI, if the NRC staff determines that the requestor has satisfied both E.(1) and E.(2) above, the Office of Administration will then determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22(b). If the Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requestor in writing.

The notification will provide the names of approved individuals as well as the conditions under which the SGI will be provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 6 by each individual who will be granted access to SGI.

H. Release and Storage of SGI. Prior to providing SGI to the requestor, the NRC staff will conduct (as necessary) an inspection to confirm that the recipients information protection system is sufficient to satisfy the requirements of 10 CFR 73.22.

Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements.

I. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI or SGI 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 petitioners 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 or SGI contentions by that later deadline.

J. Review of Denials of Access.

(1) If the request for access to SUNSI or SGI is denied by the NRC staff either after a determination on standing and requisite need, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.

(2) Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipient(s) for access to SGI, the Office of Administration, in accordance with 10 CFR 2.336(f)(1)(iii),

must provide the proposed recipient(s) any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an opportunity to correct or explain the record.

(3) The requestor may challenge the NRC staffs adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI 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 he or she 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.

(4) The requestor may challenge the Office of Administrations final adverse determination with respect to trustworthiness and reliability for access to SGI by filing a request for review in accordance with 10 CFR 2.336(f)(1)(iv).

(5) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311.

K. 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 partys interest independent of the proceeding. Such a challenge must be filed within 5 days of VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\16JYN1.SGM 16JYN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 18 of 27 (Page 18 of Total)

32924 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 7 Requestors should note that the filing requirements of the NRCs E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) 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/SGI request submitted to the NRC staff under these procedures.

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 he or she 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 granting or denying access) is governed by 10 CFR 2.311.7 L. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI or SGI, 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 at Rockville, Maryland, this 10th of July 2018.

For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook, Secretary of the Commission.

ATTACHMENT 1GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING Day Event/activity 0........................

Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-structions for access requests.

10......................

Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) 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; dem-onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check.

60......................

Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).

20......................

U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro-ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli-hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in-cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re-dacted documents), and readiness inspections.

25......................

If NRC staff finds no need, no need to know, or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staffs 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 staffs 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 Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

190....................

(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.

205....................

Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv).

A.......................

If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision revers-ing a final adverse determination by the NRC staff.

A + 3.................

Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order.

A + 28...............

Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti-tioner may file its SUNSI or SGI contentions by that later deadline.

A + 53...............

(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.

A + 60...............

(Answer receipt +7) Petitioner/Intervenor reply to answers.

>A + 60.............

Decision on contention admission.

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32925 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices

[FR Doc. 2018-15079 Filed 7-13-18; 8:45 am]

BILLING CODE 7590-01-P OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Privacy Act of 1974; System of Records.

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Rescindment of System of Records Notices.

SUMMARY

In accordance with the Privacy Act of 1974, the Occupational Safety and Health Review Commission (OSHRC) is rescinding the Privacy Act system-of-records notices for following systems of records: Travel Records, OSHRC-1; and Mailing Lists for News Releases, Speeches, Booklets, Reports, OSHRC-2.

DATES: Comments must be received by OSHRC on or before August 15, 2018.

The rescindment of OSHRC-1 and OSHRC-2 will become effective on that date, without any further notice in the Federal Register, unless comments or government approval procedures necessitate otherwise.

ADDRESSES: You may submit comments by any of the following methods:

• Email: rbailey@oshrc.gov. Include PRIVACY ACT SYSTEM OF RECORDS in the subject line of the message.

• Fax: (202) 606-5417.

• Mail: One Lafayette Centre, 1120 20th Street NW, Ninth Floor, Washington, DC 20036-3457.

• Hand Delivery/Courier: Same as mailing address.

Instructions: All submissions must include your name, return address, and email address, if applicable. Please clearly label submissions as PRIVACY ACT SYSTEM OF RECORDS.

FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office of the General Counsel, via telephone at (202) 606-5410, or via email at rbailey@

oshrc.gov.

SUPPLEMENTARY INFORMATION: Following OSHRCs review of its systems of records, the agency is rescinding two of its system-of-records notices: (1) Travel Records, OSHRC-1; and (2) Mailing Lists for News Releases, Speeches, Booklets, Reports, OSHRC-2.

The records included in OSHRC-1 are fully covered by the following Privacy Act notices for governmentwide systems of records: GSA/GOVT-4, see 74 FR 26700, July 6, 2009, and GSA/GOVT-3, see 78 FR 20108, May 3, 2013. OSHRC-1 is therefore being rescinded to avoid duplicative notices.

Additionally, based on a comprehensive review of OSHRCs records, the agency has determined that mailing lists for news releases, speeches, booklets, and reports are no longer maintained by the agency. As this system of records, OSHRC-2, no longer exists, its notice is being rescinded.

The notices rescinding OSHRC-1 and OSHRC-2 are as follows.

OSHRC-1 SYSTEM NAME AND NUMBER:

Travel Records, OSHRC-1.

HISTORY:

April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October 5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.

OSHRC-2 SYSTEM NAME AND NUMBER:

Mailing Lists for News Releases, Speeches, Booklets, Reports, OSHRC-2.

HISTORY:

April 14, 2006, 71 FR 19556; August 4, 2008, 73 FR 45256; October 5, 2015, 80 FR 60182; and September 28, 2017, 82 FR 45324.

Dated: July 9, 2018.

Nadine N. Mancini, General Counsel, Senior Agency Official for Privacy.

[FR Doc. 2018-15069 Filed 7-13-18; 8:45 am]

BILLING CODE 7600-01-P SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No.

33156; 812-14884]

DMS ETF Trust I, et al.

July 10, 2018.

AGENCY: Securities and Exchange Commission (Commission).

ACTION: Notice.

Notice of an application under section 6(c) of the Investment Company Act of 1940 (Act) for an exemption from section 15(a) of the Act and rule 18f-2 under the Act, as well as from certain disclosure requirements in rule 20a-1 under the Act, Item 19(a)(3) of Form N-1A, Items 22(c)(1)(ii), 22(c)(1)(iii),

22(c)(8) and 22(c)(9) of Schedule 14A under the Securities Exchange Act of 1934, and sections 6-07(2)(a), (b), and (c) of Regulation S-X (Disclosure Requirements). The requested exemption would permit an investment adviser to hire and replace certain sub-advisers without shareholder approval and grant relief from the Disclosure Requirements as they relate to fees paid to the sub-advisers.

APPLICANTS: DMS ETF Trust I, DMS ETF Trust II, and DMS Mutual Fund Trust (each, a Trust and collectively, the Trusts), each a Delaware statutory trust that will be registered under the Act as an open-end management investment company, and DMS ETF Solutions, LLC (the Initial Adviser), a Delaware limited liability company that will be registered as an investment adviser under the Investment Advisers Act of 1940 (collectively with the Trusts, the Applicants).

FILING DATES: The application was filed on March 12, 2018.

HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commissions Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on August 6, 2018, and should be accompanied by proof of service on the applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writers interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested.

Persons who wish to be notified of a hearing may request notification by writing to the Commissions Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

Applicants, 130 West 42nd Street, Ste.

1050, New York, NY 10036.

FOR FURTHER INFORMATION CONTACT:

Christine Y. Greenlees, Senior Counsel, at (202) 551-6879, or Andrea Ottomanelli Magovern, Branch Chief, at (202) 551-6821 (Division of Investment Management, Chief Counsels Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained via the Commissions website by searching for the file number, or an applicant using the Company name box, at http://

www.sec.gov/search/search.htm or by calling (202) 551-8090.

Summary of the Application

1. An Adviser will serve as the investment adviser to each Subadvised Series pursuant to an investment advisory agreement with the applicable Trust (the Investment Management VerDate Sep<11>2014 17:31 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\16JYN1.SGM 16JYN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 20 of 27 (Page 20 of Total)

EXHIBIT C USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 21 of 27 (Page 21 of Total)

44070 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices construction permit for the RPF even if the 10 CFR 70.21(f) timing requirement has not been met. The NRC is considering issuing the requested exemption. The proposed action would not significantly: (a) Affect probabilities of evaluated accidents; (b) affect margins of safety; (c) affect the effectiveness of programs contained in licensing documents; (d) increase effluents; (e) increase occupational radiological exposures; or (f) affect operations or decommissioning activities of the RPF. The reason the environment would not be significantly affected is because the requested exemption affects only the timing of construction and does not affect the previous evaluation regarding the environmental impacts of constructing and operating the NWMI RPF, as described in the Environmental Impact Statement for Construction Permit for the Northwest Medical Isotopes Radioisotope Production Facility, Final Report (NUREG-2209). The impacts of connected 10 CFR part 70 actions at the RPF were evaluated in NUREG-2209.

On the basis of the EA included in Section II of this document, and incorporated herein by reference, the NRC has determined not to prepare an EIS for the proposed action. The related environmental documents are: (a)

NWMI Exemption request dated December 17, 2017, as supplemented on March 12, 2018 (ADAMS Accession Nos. ML17362A040 and ML18088A175); (b) NWMI Preliminary Safety Analyses Report, Chapter 19, Environmental Report, Corvallis, OR, revision OA dated June 2015, (ADAMS Accession Nos. ML15210A123, ML15210A128, ML15210A129, and ML15210A131; and (c) NUREG-2209, Environmental Impact Statement for the Construction Permit for the Northwest Medical Isotopes Radioisotope Production Facility, issued in May 2018 (ADAMS Accession No. ML17130A862).

This FONSI and other related environmental documents may be examined, and/or copied for a fee, at the NRCs PDR, located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. Publicly-available records are also accessible online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/

adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRCs PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by email to pdr.resource@nrc.gov.

Dated at Rockville, Maryland this 24th day of August, 2018.

For the Nuclear Regulatory Commission.

Brian W. Smith, Deputy Director, Division of Fuel Cycle Safety, Safeguards, and Environmental Review, Office of Nuclear Material Safety and Safeguards.

[FR Doc. 2018-18757 Filed 8-28-18; 8:45 am]

BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1050; NRC-2016-0231]

Interim Storage Partners Waste Control Specialists Consolidated Interim Storage Facility AGENCY: Nuclear Regulatory Commission.

ACTION: Revised license application; opportunity to request a hearing and to petition for leave to intervene; order imposing procedures.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) received a request from Interim Storage Partners, a joint venture between Waste Control Specialists, LLC (WCS) and Orano CIS, LLC by letters dated June 8, 2018, and July 19, 2018, to resume NRC staff review of a license application for the WCS Consolidated Interim Storage Facility (CISF) in Andrews County, Texas. By letter dated April 18, 2017, the previous applicant, WCS, asked NRC to temporarily suspend all safety and environmental review activities.

DATES: A request for a hearing or petition for leave to intervene must be filed by August 29, 2018. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to Sensitive Unclassified Non-Safeguards Information (SUNSI) is necessary to respond to this notice must request document access by September 10, 2018.

ADDRESSES: Please refer to Docket ID NRC-2016-0231 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-2016-0231. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287-9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

• NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@

nrc.gov. For the convenience of the reader, the ADAMS accession numbers are provided in a table in the Availability of Documents section of this document.

• NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT:

John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:

301-415-0262; email: John-Chau.Nguyen@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction The NRC received, by letter dated April 28, 2016, an application from WCS for a specific license pursuant to 10 CFR part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste.

WCS proposed to construct a Consolidated Interim Storage Facility (CISF) on its approximately 60.3 square kilometer (14,900 acre) site in western Andrews County, Texas. WCS currently operates facilities on this site that process and store Low-Level Waste and Mixed Waste (i.e., waste that is considered both hazardous waste and Low-Level Waste). The facility also disposes of both hazardous waste and toxic waste.

On January 30, 2017, the NRC published two notices in the Federal Register: (1) A notice describing the closing date for the scoping period for the Environmental Impact Statement (EIS), and dates, times, and locations of scoping meetings wherein the NRC received oral comments as part of the EIS scoping process (82 FR 8771); and (2) a notice of its acceptance of the WCS application and an opportunity to request a hearing and petition for leave to intervene (82 FR 8773). On March 16, 2017 (82 FR 14039), the NRC published a notice in the Federal Register of an extension to the scoping period and VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\29AUN1.SGM 29AUN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 22 of 27 (Page 22 of Total)

44071 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices additional public meetings. On April 4, 2017, and in a corrected notice dated April 10, 2017, the NRC published in the Federal Register (82 FR 16435; 82 FR 17297) an order granting all petitioners an extension of time until May 31, 2017, to file hearing requests on WCSs license application. On July 20, 2017 (82 FR 33521), the NRC published a notice in the Federal Register that WCS had asked NRC to temporarily suspend all safety and environmental review activities. The July 20, 2017, notice in the Federal Register withdrew the notice of opportunity to request a hearing for WCSs application and explained that the NRC staff would publish a notice in the Federal Register if WCS requested that the NRC staff resume its review of WCSs application.

By letters dated June 8, 2018, and July 19, 2018, NRC received a request from Interim Storage Partners (ISP), a joint venture between WCS and Orano CIS, LLC to resume NRC staff review of the license application for the WCS Consolidated Interim Storage Facility (CISF) in Andrews County, Texas. ISP provided Revision 2 of the License Application, including a revised Safety Analysis Report and Environmental Report. In its June 8, 2018, letter, ISP stated that the Physical Security Plan and Safeguards Contingency Plan submitted with Revision 1 of its License Application remain applicable to the current application. The NRC staff has determined that Revision 1 of the Emergency Plan also remains applicable to the current application. Though ISP is the new owner, the name of the proposed facility remains the WCS CISF.

An NRC administrative completeness review found the revised application acceptable for a technical review. Prior to issuing the license, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (AEA), and the NRCs regulations. The NRCs findings will be documented in a safety evaluation report and an EIS.

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 Commissions Agency Rules of Practice and Procedure in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR part 2. The NRCs regulations are accessible electronically from the NRC Library on the NRCs website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. A copy of the regulations is also available at the NRCs 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 petitioners right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioners 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 petitioners 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. 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 partys admitted contentions, including the opportunity to present evidence, consistent with the NRCs 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 petitioners 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 that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRCs 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 VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\29AUN1.SGM 29AUN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 23 of 27 (Page 23 of Total)

44072 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 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 hearing.docket@nrc.gov, 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 NRCs 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 NRCs 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 NRCs 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 NRCs 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 NRCs adjudicatory E-Filing system may seek assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link located on the NRCs public website at http://

www.nrc.gov/site-help/e-submittals.html, by email to MSHD.Resource@nrc.gov, 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 NRCs 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 NRCs 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.

Title ADAMS accession No.

WCS CISF License Application, Revision 2, with Safety Analysis Report and Environmental Report...........................................

ML18206A595 WCS CISF Physical Security Plan, Revision 1, and Safeguards Contingency Plan, and Guard Training and Qualification Plan (redacted).

ML17075A289 WCS submittal of Supplemental Security Information (redacted)....................................................................................................

ML16235A467 WCS submittal of Supplemental Security Information (redacted)....................................................................................................

ML16280A300 WCS CISF Emergency Plan, Rev. 1................................................................................................................................................

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44073 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the initial request to access SUNSI and/or SGI under these procedures should be submitted as described in this paragraph.

2 Broad SGI requests under these procedures are unlikely to meet the standard for need to know; furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement.

These procedures do not authorize unrestricted disclosure or less scrutiny of a requestors need to know than ordinarily would be applied in connection with an already-admitted contention or non-adjudicatory access to SGI.

3 The requestor will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address.

After providing this information, the requestor usually should be able to obtain access to the online form within one business day.

4 This fee is subject to change pursuant to the Office of Personnel Managements adjustable billing rates.

V. Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and 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 information (including Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI)). Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. Nothing in this Order is intended to conflict with the SGI regulations.

B. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party who believes access to SUNSI or SGI is necessary to respond to this notice may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication 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, SGI, or both 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 Associate General Counsel for Hearings, Enforcement and Administration, 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 address for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@

nrc.gov and RidsOgcMailCenter.Resource@nrc.gov respectively.1 The request must include the following information:

(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 partys particularized interest that could be harmed by the action identified in C.(1);

(3) If the request is for SUNSI, the identity of the individual or entity requesting access to SUNSI and the requestors 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; and (4) If the request is for SGI, the identity of each individual who would have access to SGI if the request is granted, including the identity of any expert, consultant, or assistant who will aid the requestor in evaluating the SGI.

In addition, the request must contain the following information:

(a) A statement that explains each individuals need to know the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent with the definition of need to know as stated in 10 CFR 73.2, the statement must explain:

(i) Specifically why the requestor believes that the information is necessary to enable the requestor to proffer and/or adjudicate a specific contention in this proceeding; 2 and (ii) The technical competence (demonstrable knowledge, skill, training, or education) of the requestor to effectively utilize the requested SGI to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria.

(b) A completed Form SF-85, Questionnaire for Non-Sensitive Positions, for each individual who would have access to SGI. The completed Form SF-85 will be used by the Office of Administration to conduct the background check required for access to SGI, as required by 10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the requestors trustworthiness and reliability. For security reasons, Form SF-85 can only be submitted electronically through the electronic questionnaire for investigations processing (e-QIP) website, a secure website that is owned and operated by the Office of Personnel Management. To obtain online access to the form, the requestor should contact the NRCs Office of Administration at 301-415-3710.3 (c) A completed Form FD-258 (fingerprint card), signed in original ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form FD-258 may be obtained by writing the Office of Administrative Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by email to MAILSVC.Resource@nrc.gov. The fingerprint card will be used to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for an FBI identification and criminal history records check.

(d) A check or money order payable in the amount of $324.00 4 to the U.S.

Nuclear Regulatory Commission for each individual for whom the request for access has been submitted.

(e) If the requestor or any individual(s) who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59, the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestors basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final determination whether the claimed exemption applies.

Alternatively, the requestor may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request.

Persons who are exempt from the background check are not required to complete the SF-85 or Form FD-258; however, all other requirements for access to SGI, including the need to know, are still applicable.

Note: Copies of documents and materials required by paragraphs C.(4)(b), (c), and (d) of this Order must be sent to the following address: U.S. Nuclear Regulatory Commission, Attn: Personnel Security Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike, Rockville, MD 20852.

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44074 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 5 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.

6 Any motion for Protective Order or draft Non-Disclosure Agreement or Affidavit for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request.

7 Requestors should note that the filing requirements of the NRCs E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) 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/SGI request submitted to the NRC staff under these procedures.

These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required.

D. To avoid delays in processing requests for access to SGI, the requestor should review all submitted materials for completeness and accuracy (including legibility) before submitting them to the NRC. The NRC will return incomplete packages to the sender without processing.

E. Based on an evaluation of the information submitted under paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.

F. For requests for access to SUNSI, if the NRC staff determines that the requestor satisfies both E.(1) and E.(2) above, 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 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.5 G. For requests for access to SGI, if the NRC staff determines that the requestor has satisfied both E.(1) and E.(2) above, the Office of Administration will then determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22(b). If the Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requestor in writing.

The notification will provide the names of approved individuals as well as the conditions under which the SGI will be provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 6 by each individual who will be granted access to SGI.

H. Release and Storage of SGI. Prior to providing SGI to the requestor, the NRC staff will conduct (as necessary) an inspection to confirm that the recipients information protection system is sufficient to satisfy the requirements of 10 CFR 73.22.

Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements.

I. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI or SGI 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 petitioners 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 or SGI contentions by that later deadline.

J. Review of Denials of Access.

(1) If the request for access to SUNSI or SGI is denied by the NRC staff either after a determination on standing and requisite need, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.

(2) Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipient(s) for access to SGI, the Office of Administration, in accordance with 10 CFR 2.336(f)(1)(iii),

must provide the proposed recipient(s) any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an opportunity to correct or explain the record.

(3) The requestor may challenge the NRC staffs adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI 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 he or she 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.

(4) The requestor may challenge the Office of Administrations final adverse determination with respect to trustworthiness and reliability for access to SGI by filing a request for review in accordance with 10 CFR 2.336(f)(1)(iv).

(5) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311.

K. 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 partys 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 he or she 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 granting or denying access) is governed by 10 CFR 2.311.7 L. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI or SGI, 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.

VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\29AUN1.SGM 29AUN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 26 of 27 (Page 26 of Total)

44075 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices It is so ordered.

Dated at Rockville, Maryland, this 24th of August, 2018.

For the Nuclear Regulatory Commission.

Rochelle C. Bavol, Acting, Secretary of the Commission. General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information in This Proceeding Day Event/activity 0........................

Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with in-structions for access requests.

10......................

Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Information (SGI) 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; dem-onstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check.

60......................

Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).

20......................

U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the pro-ceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likeli-hood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (in-cluding fingerprinting for a criminal history records check), information processing (preparation of redactions or review of re-dacted documents), and readiness inspections.

25......................

If NRC staff finds no need, no need to know, or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling to reverse the NRC staffs 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 staffs 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 Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

190....................

(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.

205....................

Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv).

A.......................

If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision revers-ing a final adverse determination by the NRC staff.

A + 3.................

Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order.

A + 28...............

Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the peti-tioner may file its SUNSI or SGI contentions by that later deadline.

A + 53...............

(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.

A + 60...............

(Answer receipt +7) Petitioner/Intervenor reply to answers.

>A + 60.............

Decision on contention admission.

[FR Doc. 2018-18758 Filed 8-28-18; 8:45 am]

BILLING CODE 7590-01-P NUCLEAR WASTE TECHNICAL REVIEW BOARD Senior Executive Service Performance Review Board AGENCY: U.S. Nuclear Waste Technical Review Board.

ACTION: Notice of Performance Review Board membership.

SUMMARY

This notice announces the membership of the Nuclear Waste Technical Review Board (NWTRB)

Senior Executive Service (SES)

Performance Review Board (PRB).

DATES: August 27, 2018.

FOR FURTHER INFORMATION CONTACT:

Neysa M. Slater-Chandler by telephone at 703-235-4480, or via email at slater-chandler@nwtrb.gov, or via mail at 2300 Clarendon Blvd., Suite 1300, Arlington, VA 22201.

SUPPLEMENTARY INFORMATION: 5 U.S.C.

4314(c)(1) through (5) requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more SES Performance Review Boards.

The PRB shall review and evaluate the initial summary rating of a senior executives performance, the executives response, and the higher-level officials comments on the initial summary rating. In addition, the PRB will review VerDate Sep<11>2014 17:04 Aug 28, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\29AUN1.SGM 29AUN1 sradovich on DSK3GMQ082PROD with NOTICES USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 27 of 27 (Page 27 of Total)

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

)

BEYOND NUCLEAR, INC.,

)

)

Petitioner,

)

Case No. __________

)

v.

)

)

UNITED STATES NUCLEAR

)

REGULATORY COMMISSION and the

)

UNTIED STATES OF AMERICA,

)

)

Respondents.

)

)

PETITIONERS RULE 26.1 DISCLOSURE Pursuant to Fed. R. App. P. 26.1 and D.C. Cir. Rule 26.1, Petitioner Beyond Nuclear, Inc., states that it is a nonprofit organization that has no parent companies.

No publicly held companies have a ten percent or greater ownership interest in Beyond Nuclear.

Respectfully Submitted,

___/signed electronically by/__

Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 Email: dcurran@harmoncurran.com December 27, 2018 18-1340 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 1 of 1 (Page 28 of Total)

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

)

BEYOND NUCLEAR, INC.,

)

)

Petitioner,

)

Case No. ___________

)

v.

)

)

UNITED STATES NUCLEAR

)

REGULATORY COMMISSION and the

)

UNTIED STATES OF AMERICA,

)

)

Respondents.

)

)

CERTIFICATE AS TO PARTIES, RULING, AND RELATED CASES Pursuant to D.C. Circuit Rules 27(a)(4) and 28(a)(1)(A), counsel for Petitioner Beyond Nuclear, Inc., certifies as follows:

1. Parties, Intervenors, and Amici Curiae Petitioner is Beyond Nuclear, Inc. Respondents are the United States Nuclear Regulatory Commission and the United States of America. Currently, there are no other parties to the case.

2. Rulings Under Review Petitioner seeks review of the Nuclear Regulatory Commissions final Order published on October 29, 2018 made in Docket Nos. 72-1051 and 72-1050. The Federal Register published notice of Docket No. 72-1051 on July 16, 2018 at 83 18-1340 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 1 of 3 (Page 29 of Total)

2 Fed. Reg. 32,919 and published notice of Docket No. 72-1050 on August 29, 2018 at 83 Fed. Reg. 44,070.

3. Related Cases.

There are no related cases.

Respectfully Submitted,

___/signed electronically by/__

Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 Email: dcurran@harmoncurran.com December 27, 2018 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 2 of 3 (Page 30 of Total)

3 USCA Case #18-1340 Document #1766672 Filed: 12/27/2018 Page 3 of 3 (Page 31 of Total)