Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 39469 

17Parallel proceedings occur when two or more 

contemporaneous legal actions are initiated by 

different Government entities against the same 

contractor, and involving the same material facts. 

Often these arise when an agency has suspended or 

proposed a contractor for debarment and the 

Department of Justice is investigating or prosecuting 

the contractor for the same misconduct. 

recurrence. The SDO must consider all 

matters in the PMIO in rendering a final 

decision. A contractor’s failure to 

respond to the notices sent by the SDO 

shall be deemed an admission of the 

existence of the cause for suspension or 

debarment. In that case, the SDO may 

proceed to a final decision without 

further proceedings. 

A fact-finding proceeding occurs if 

actions are not based upon a conviction 

or civil judgement and when, after 

receipt of the PMIO, the SDO 

determines there is a genuine dispute 

over material fact(s). A fact-finding 

proceeding is called to consider the 

fact(s). A fact-finder can be any 

individual appointed by the SDO to 

oversee the proceeding. The contractor 

shall be afforded the opportunity to 

appear with counsel, submit 

documentary evidence and confront 

agency witnesses. The proceeding shall 

be transcribed unless otherwise 

mutually agreed upon, and the 

contractor can obtain a transcript of 

proceedings at its request and at its cost. 

The SDO shall attempt to schedule this 

proceeding within 60 calendar days of 

the PMIO. If there are numerous 

grounds for suspension and debarment, 

the proceeding can be limited to the 

grounds in dispute having a genuine 

issue of material fact. The disposition of 

the fact-finding proceeding will be 

documented by the SDO. The standard 

of proof for determining the disputed 

facts is preponderance of the evidence. 

c. Compiling the Administrative 

Record. During the process, the NCUA 

shall maintain and document all 

information considered by the SDO to 

include the ARM, the PMIO (including 

mitigating factors) and transcripts of any 

fact-finding proceedings. This is the 

Administrative Record. The following 

records, in addition to any other similar 

materials, shall also be included if 

considered by the SDO: Emails; notes; 

contract documents; newspaper articles; 

and summaries of oral briefings and 

contractor submissions. Any 

information not relied on by the SDO 

should not be included. Once the SDO 

issues a final decision, the contractor 

may request a copy of the 

Administrative Record. The SDO may 

deny the request or withhold or redact 

part of the Administrative Record if 

warranted under applicable law or 

because of parallel proceedings.17 In any 

circumstance where the SDO redacts or 

withholds all or part of the 

Administrative Record, the SDO will 

provide the reasons for doing so to the 

contractor in writing. 

d. Final Decision. The SDO shall issue 

a written final decision based on the 

Administrative Record. The SDO shall 

issue a conviction-based debarment 

within 30 working days after closing the 

Administrative Record and within 45 

working days of closing the 

Administrative Record for a fact-based 

suspension or debarment. The SDO has 

discretion to extend these deadlines. 

The Administrative Record will be 

deemed closed when the SDO Admin 

submits all evidence to the SDO for a 

final decision. The SDO Admin will 

advise the contractor in writing 

promptly after the Administrative 

Record has been closed, including the 

date it was closed. All correspondence 

shall be sent USPS certified mail, return 

receipt requested, by the SDO Admin. 

The SDO can take the following actions 

in a final decision: 

i. Not Debar the Contractor. The SDO 

may decide not to debar the contractor. 

The decision shall include, if 

applicable, referral to the Notice of 

Proposed Debarment; a summary of 

proceedings; the identities of affiliates 

or imputed conduct; and the reasons for 

not debarring (for example, an 

Administrative Agreement; mitigating 

factors; or remedial measures taken by 

the contractor). The decision shall 

notify the contractor that it may request 

a copy of the Administrative Record and 

give notice of the applicability date of 

the decision. The SDO Admin will 

remove the contractor’s name from 

SAM. 

ii. Terminate the Suspension. The 

SDO may decide to terminate the 

suspension. The decision shall include, 

if applicable, referral to the Notice of 

Suspension; a summary of proceedings; 

the identities of affiliates or imputed 

conduct; and the reason for terminating 

the Suspension (for example, an 

Administrative Agreement; mitigating 

factors; or remedial measures taken by 

the contractor). The decision shall 

notify the contractor that it may request 

a copy of the Administrative Record and 

give notice of the applicability date of 

the decision. The SDO Admin will 

remove the contractor’s name from 

SAM. 

iii. Debar the Contractor. The SDO 

may decide to debar the contractor. This 

decision must be based on the 

preponderance of the evidence. The 

decision shall include, if applicable, 

referral to the Notice of Proposed 

Debarment; a summary of proceedings; 

identities of affiliates or imputed 

conduct; the information considered by 

the SDO; the reasons for debarring; the 

scope of ineligibility; the consequences 

of debarment (application across the 

Executive Branch); and the applicability 

dates of debarment. The decision shall 

notify the contractor that it may request 

a copy of the Administrative Record. 

The SDO Admin will enter the debarred 

contractor into SAM. 

iv. Enter into an Administrative 

Agreement. At any time during the 

proceedings, the SDO may negotiate an 

Administrative Agreement with the 

contractor. An Administrative 

Agreement applies across the Executive 

Branch when entered into SAM. The 

terms of the Administrative Agreement 

and contents of the Agreement will be 

determined on a case-by-case basis. 

e. Contractor’s Remedy. After a 

decision is made, a suspended or 

debarred contractor may seek judicial 

review. OGC (in coordination with the 

Department of Justice, as appropriate or 

required) will work with the referring 

office, the SDO, and OCFO to litigate 

these claims. 

H. NCUA Action After a Decision 

If a suspension or debarment is 

imposed, NCUA offices must take steps 

to ensure the contractor does not receive 

any new contracts. Upon the 

applicability date of SAM listing, the 

NCUA must not solicit offers from, 

award contracts to, or consent to 

contracts with ineligible contractors. 

Suspended or debarred contractors may 

continue performing current contracts 

(unless those contracts are terminated or 

voided) but cannot (a) add new work, 

exercise options, or otherwise extend 

the duration of the contract or order; (b) 

issue task orders exceeding the 

guaranteed minimum under indefinite 

quantity contracts; or (c) place orders 

under blanket purchase agreements or 

basic ordering agreements. The NCUA 

must review any current contracts held 

by the contractor to determine whether 

to terminate or void those contracts. A 

decision to terminate or void a contract 

requires OGC concurrence. 

[FR Doc. 2018–17086 Filed 8–8–18; 8:45 am] 

BILLING CODE 7535–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Meeting of the Advisory Committee on 

Reactor Safeguards (ACRS); 

Subcommittee on Thermal-Hydraulic 

Phenomena 

The ACRS Subcommittee on ThermalHydraulic Phenomena will hold a 

meeting on August 21, 2018, at 11545 


sradovich on DSK3GMQ082PROD with NOTICES
39470 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Notices 

Rockville Pike, Room T–2B1, Rockville, 

Maryland 20852. 

The meeting will be open to public 

attendance. The agenda for the subject 

meeting shall be as follows: 

Tuesday, August 21, 2018–8:30 a.m. 

Until 5:00 p.m. 

The Subcommittee will conduct an 

information briefing regarding the 

potential use of Department of Energy 

computer codes in risk-informed safety 

analyses of accident tolerant fuel for 

light-water reactors, as well as nonlight-water reactors. The Subcommittee 

will hear presentations by and hold 

discussions with Department of Energy 

personnel, and other interested persons 

regarding this matter. The 

Subcommittee will gather information, 

analyze relevant issues and facts, and 

formulate proposed positions and 

actions, as appropriate, for deliberation 

by the Full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official (DFO), Weidong Wang 

(Telephone 301–415–6279 or Email: 

Weidong.Wang@nrc.gov) one day prior 

to the meeting, if possible, so that 

appropriate arrangements can be made. 

Thirty-five hard copies of each 

presentation or handout should be 

provided to the DFO thirty minutes 

before the meeting. In addition, one 

electronic copy of each presentation 

should be emailed to the DFO one day 

before the meeting. If an electronic copy 

cannot be provided within this 

timeframe, presenters should provide 

the DFO with a CD containing each 

presentation at least thirty minutes 

before the meeting. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. The public 

bridgeline number for the meeting is 

866–822–3032, passcode 8272423. 

Detailed procedures for the conduct of 

and participation in ACRS meetings 

were published in the Federal Register 

on October 4, 2017 (82 FR 46312). 

Detailed meeting agendas and meeting 

transcripts are available on the NRC 

website at http://www.nrc.gov/readingrm/doc-collections/acrs. Information 

regarding topics to be discussed, 

changes to the agenda, whether the 

meeting has been canceled or 

rescheduled, and the time allotted to 

present oral statements can be obtained 

from the website cited above or by 

contacting the identified DFO. 

Moreover, in view of the possibility that 

the schedule for ACRS meetings may be 

adjusted by the Chairman as necessary 

to facilitate the conduct of the meeting, 

persons planning to attend should check 

with these references if such 

rescheduling would result in a major 

inconvenience. 

If attending this meeting, please enter 

through the One White Flint North 

building, 11555 Rockville Pike, 

Rockville, Maryland 20852. After 

registering with Security, please contact 

Mr. Theron Brown (Telephone 301– 

415–6702) to be escorted to the meeting 

room. 

Dated: August 2, 2018. 

Mark L. Banks, 

Chief, Technical Support Branch, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. 2018–17009 Filed 8–8–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 040–08903; NRC–2018–0153] 

Homestake Mining Company of 

California; Grants Reclamation Project; 

Zeolite Water Treatment Systems 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment application; 

opportunity to request a hearing and to 

petition for leave to intervene. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has received an 

application from the Homestake Mining 

Company of California (the licensee), for 

amendment of Materials License No. 

SUA–1471, which authorizes the 

possession of residual uranium and 

byproduct material in the form of 

uranium waste tailings and other 

byproduct waste generated by the 

licensee’s past milling operations at the 

licensee’s uranium mill located in 

Cibola County, New Mexico. The 

amendment would update Materials 

License No. SUA–1471 Condition 35 to 

include the 300 and 1200 gallon per 

minute (gpm) zeolite water treatment 

systems, which are currently being used 

by the licensee for site remediation 

efforts. 

DATES: A request for a hearing or 

petition for leave to intervene must be 

filed by October 9, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0153 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–2018–0153. 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. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable 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 NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Whited, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–4090, email: Jeffrey.Whited@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC has received, by letter dated 

December 11, 2017 (ADAMS Package 

Accession No. ML17361A006), as 

supplemented by letter dated February 

22, 2018 (ADAMS Accession No. 

ML18066A583), an application to 

amend Materials License No. SUA–1471 

for the licensee’s uranium mill located 

in Cibola County, New Mexico. The 

license amendment included an 

Environmental Review. The licensee is 

currently working on groundwater 

restoration activities to mitigate the 

impacts of seepage from the unlined 

tailings impoundments into the 

underlying aquifer that has been 

ongoing since 1977. This application 

requests to amend License Condition 35 

to include the 300 gpm and 1,200 gpm 

zeolite water treatment systems as a 

method to be used for groundwater 

remediation. The zeolite water 

treatment systems are single lined 

facilities located on top of the large 

tailings pile at the site. Since 2012, the 

licensee had been pilot testing the 300 

gpm and 1,200 gpm zeolite water 

treatment systems prior to being 

requested they be added to the license. 

The zeolite system passes uranium 

contaminated groundwater through a 


sradovich on DSK3GMQ082PROD with NOTICES