Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 44075 

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. 

Attachment 1—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 instructions 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; demonstrating 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 staff’s 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 proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If 

NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted 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 staff’s denial of access; NRC staff files copy of access determination with the 

presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for 

SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the 

release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure 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 reversing 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 petitioner’s 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 petitioner 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 slaterchandler@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 

executive’s performance, the executive’s 

response, and the higher-level official’s 

comments on the initial summary 

rating. In addition, the PRB will review 


sradovich on DSK3GMQ082PROD with NOTICES
44076 Federal Register / Vol. 83, No. 168 / Wednesday, August 29, 2018 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3See Notice infra note 4, 82 FR 61107. 

4Securities Exchange Act Release No. 82531 (Dec. 

19, 2017), 82 FR 61107 (Dec. 26, 2017) (SR–OCC– 

2017–020) (‘‘Notice’’). On December 8, 2017, OCC 

also filed a related advance notice (SR–OCC–2017– 

809) (‘‘Advance Notice’’) with the Commission 

pursuant to Section 806(e)(1) of Title VIII of the 

Dodd-Frank Wall Street Reform and Consumer 

Protection Act, entitled the Payment, Clearing, and 

Settlement Supervision Act of 2010 and Rule 19b– 

4(n)(1)(i) under the Exchange Act. 12 U.S.C. 

5465(e)(1) and 17 CFR 240.19b–4(n)(1)(i), 

respectively. The Advance Notice was published in 

the Federal Register on January 23, 2018. Securities 

Exchange Act Release No. 82513 (Jan. 17, 2017), 83 

FR 3244 (Jan. 23, 2018) (SR–OCC–2017–809). 

The Financial Stability Oversight Council 

designated OCC a systemically important financial 

market utility on July 18, 2012. See Financial 

Stability Oversight Council 2012 Annual Report, 

Appendix A, available at http://www.treasury.gov/ 

initiatives/fsoc/Documents/2012%20Annual

%20Report.pdf. Therefore, OCC is required to 

comply with the Payment, Clearing and Settlement 

Supervision Act and file advance notices with the 

Commission. See 12 U.S.C. 5465(e). 

5Securities Exchange Act Release No. 82585 (Jan. 

25, 2018), 83 FR 4526 (Jan. 31, 2018) (File No. SR– 

OCC–2017–020). 

6Securities Exchange Act Release No. 82926 

(Mar. 22, 2018), 83 FR 13171 (Mar. 27, 2018) (File 

No. SR–OCC–2017–020). 

7 In Amendment No. 1, OCC made certain 

changes to clarify the use of the recovery tools and 

to improve the overall transparency regarding the 

use of the recovery tools. 

8Amendment No. 2 superseded and replaced 

Amendment No. 1 in its entirety, due to technical 

defects in Amendment No. 1. 

9Securities Exchange Act Release No. 83725 (Jul. 

27, 2018), 83 FR 37839 (Aug. 2, 2018) (‘‘Notice of 

Amendment’’). 

10The letters are available at: https://

www.sec.gov/comments/sr-occ-2017-022/ 

occ2017020.htm. 

11Capitalized terms used but not defined herein 

have the meanings specified in OCC’s Rules and ByLaws, available at https://www.theocc.com/about/ 

publications/bylaws.jsp. 

12See OCC By-Laws, Article VIII. For example, 

under Section 5 of Article VIII of the OCC By-Laws, 

when a Clearing Member defaults, OCC will pay for 

the resulting losses or expenses by first applying 

other funds available to OCC in the accounts of the 

defaulting Clearing Member and then applying the 

defaulting Clearing Member’s required contribution 

to the Clearing Fund. If the losses and expenses 

exceed those amounts, then OCC will charge the 

amount of the remaining deficiency on a 

proportionate basis against all non-defaulting 

Clearing Members’ required contributions to the 

Clearing Fund. 

13See OCC By-Laws, Article VIII, Section 6. 

and recommend executive performance 

bonuses and pay increases. 

5 U.S.C. 4314(c)(4) requires the 

appointment of board members to be 

published in the Federal Register. The 

following persons comprise a standing 

roster to serve as members of the SES 

PRB for the U.S. Nuclear Waste 

Technical Review Board: 

Laura Dudes, Deputy Regional 

Administrator, Nuclear Regulatory 

Commission, Region II, Atlanta, GA 

Raymond Lorson, Director, Division of 

Reactor Projects, Nuclear Regulatory 

Commission, Region I, King of 

Prussia, PA 

Katherine R. Herrera, Technical 

Director, Defense Nuclear Facilities 

Safety Board, Washington, DC 

Timothy J. Dwyer, Associate Technical 

Director for Nuclear Materials 

Processing and Stabilization, Defense 

Nuclear Facilities Safety Board, 

Washington, DC 

Richard E. Tontodonato, Associate 

Technical Director for Nuclear 

Weapon Programs, Defense Nuclear 

Facilities Safety Board, Washington, 

DC 

Authority: 42 U.S.C. 10262. 

Dated: August 22, 2018. 

Neysa M. Slater-Chandler, 

Director of Administration, U.S. Nuclear 

Waste Technical Review Board. 

[FR Doc. 2018–18726 Filed 8–28–18; 8:45 am] 

BILLING CODE 6820–AM–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–83916; File No. SR–OCC– 

2017–020] 

Self-Regulatory Organizations; The 

Options Clearing Corporation; Order 

Approving Proposed Rule Change, as 

Modified by Amendment No. 2, 

Concerning Enhanced and New Tools 

for Recovery Scenarios 

August 23, 2018. 

I. Introduction 

On December 18, 2017, The Options 

Clearing Corporation (‘‘OCC’’) filed with 

the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change SR–OCC–2017– 

020 (‘‘Proposed Rule Change’’) pursuant 

to Section 19(b) of the Securities 

Exchange Act of 1934 (‘‘Exchange 

Act’’),1 and Rule 19b–4 2 thereunder 

concerning enhanced and new tools for 

recovery scenarios.3 The Proposed Rule 

Change was published for comment in 

the Federal Register on December 26, 

2017.4 On January 25, 2018, the 

Commission designated a longer period 

of time for Commission action on the 

Proposed Rule Change.5 On March 22, 

2018, the Commission published an 

order to institute proceedings to 

determine whether to approve or 

disapprove the Proposed Rule Change.6

On July 11, 2018, OCC filed 

Amendment No. 1 to the Proposed Rule 

Change.7 On July 12, 2018, OCC filed 

Amendment No. 2 to the Proposed Rule 

Change.8 Therefore, the Proposed Rule 

Change, as modified by Amendment No. 

2, reflects the changes proposed. Notice 

of Amendments No. 1 and 2 to the 

Proposed Rule Change was published 

for public comment in the Federal 

Register on August 2, 2018.9 Comments 

received on the Proposed Rule Change 

are discussed below.10 This order 

approves the Proposed Rule Change as 

modified by Amendment No. 2 

(‘‘Amended Proposed Rule Change’’). 

II. Description of the Amended 

Proposed Rule Change 11

The Amended Proposed Rule Change 

concerns proposed changes to OCC’s 

Rules and By-Laws to enhance OCC’s 

existing tools to address the risks of 

liquidity shortfalls and credit losses and 

to establish new tools by which OCC 

could re-establish a matched book and, 

if necessary, allocate uncovered losses 

following the default of a Clearing 

Member as well as provide for 

additional financial resources. Each of 

the proposed tools is contemplated to be 

deployed by OCC in an extreme stress 

event that has placed OCC into a 

recovery or orderly wind-down 

scenario. The proposed changes include 

modifying OCC’s powers of assessment, 

introducing a framework for requesting 

voluntary payments to the Clearing 

Fund, and establishing OCC’s authority 

to extinguish open positons (i.e., 

conduct tear-ups) as well as authorizing 

OCC’s Board of Directors (‘‘Board’’) to 

re-allocate losses from tear-ups. 

A. Proposed Changes to OCC Powers of 

Assessment 

OCC maintains a Clearing Fund 

comprised of required contributions 

from Clearing Members, and OCC has 

authority to use the Clearing Fund, by 

a proportionate charge or otherwise, to 

cover certain losses suffered by OCC.12

When an amount is paid out of a 

Clearing Member’s required 

contribution to the Clearing Fund, the 

Clearing Member is generally required 

to promptly make good any deficiency 

in its required contribution to the 

Clearing Fund from such payment.13

Generally, this requirement to promptly 

make good on any deficiency arising 

from the default of a Clearing Member 

has been referred to as an ‘‘assessment’’ 

by OCC against a Clearing Member; 

however, as further described below, 

OCC is making clarifying changes to a 

Clearing Member’s obligation to 

contribute to the Clearing Fund, 

including defining and delineating 

between a Clearing Member’s obligation 


sradovich on DSK3GMQ082PROD with NOTICES