[Federal Register Volume 80, Number 21 (Monday, February 2, 2015)]
[Notices]
[Pages 5580-5583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01915]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-113; NRC-2015-0013]


Pennsylvania State University

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an 
application from Pennsylvania State University (PSU or the licensee) to 
renew special nuclear materials (SNM) license number SNM-95 which 
authorizes PSU to conduct research using high-enriched and low-enriched 
uranium. The license renewal would allow PSU to continue licensed 
activities for 10 years.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by April 3, 2015.

[[Page 5581]]


ADDRESSES: Please refer to Docket ID NRC-2015-0013 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0013. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#0a496b786566244d6b66666b6d626f784a647869246d657c"><span class="__cf_email__" data-cfemail="1f5c7e6d707331587e73737e78777a6d5f716d7c31787069">[email protected]</span></a>. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#19697d6b376b7c6a766c6b7a7c59776b7a377e766f"><span class="__cf_email__" data-cfemail="176773653965726478626574725779657439707861">[email protected]</span></a>. For 
the convenience of the reader, the ADAMS accession numbers for 
referenced documents are provided in a table in the ``Availability of 
Documents'' section of this document.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Christopher Ryder, Office of Nuclear 
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-287-0651; email: 
<a href="/cdn-cgi/l/email-protection#480b203a213b3c2738202d3a661a312c2d3a08263a2b662f273e"><span class="__cf_email__" data-cfemail="35765d475c46415a455d50471b674c515047755b47561b525a43">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC has received, by letter dated September 23, 2013, as 
supplemented on August 1, August 26, and November 5, 2014, an 
application from PSU to renew special nuclear materials license number 
SNM-95 which authorizes PSU to use high-enriched and low-enriched 
uranium for research and educational purposes; uses include, but are 
not limited to, fission counters and chambers, flux monitoring, and 
instrument calibration. The license renewal would allow PSU to continue 
licensed activities for 10 years. 10 CFR 70.38(a) states that a 
specific license expires at the end of the day on the expiration date 
stated in the license unless the licensee has filed an application for 
renewal under Sec.  70.33 not less than 30 days before the expiration 
date stated in the existing license. The term of the current license 
expired on October 31, 2013; however, the application for renewal was 
made 38 days prior to the expiration, and thus, the current license is 
still in effect. The licensee is authorized to use SNM under Part 70 of 
Title 10 of the Code of Federal Regulations (10 CFR).
    An NRC administrative completeness review, dated November 19, 2014, 
found the application acceptable for a technical review. During the 
technical review, the NRC will be reviewing the application in areas 
that include, but are not limited to, radiation safety, chemical 
safety, fire safety, security, environmental protection, 
decommissioning, and material control/accountability. Prior to 
approving the request to renew special nuclear materials license number 
SNM-95, the NRC will need to make the findings required by the Atomic 
Energy Act of 1954, as amended (the Act), and the NRC's regulations. 
The NRC's findings will be documented in a safety evaluation report.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to the 
renewal of the special nuclear materials license. Requests for a 
hearing and a petition to intervene shall be filed in accordance with 
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR 
part 2. Interested person(s) should consult a current copy of 10 CFR 
2.309, which is available at the NRC's PDR, located in One White Flint 
North, Room O1-F21 (first floor), 11555 Rockville Pike, Rockville, 
Maryland 20852. The NRC's regulations are accessible electronically 
from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition 
to intervene is filed within 60 days, the Commission or a presiding 
officer designated by the Commission or by the Chief Administrative 
Judge of the Atomic Safety and Licensing Board Panel will rule on the 
request and/or petition. The Secretary or the Chief Administrative 
Judge of the Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.309, a petition to intervene shall set 
forth, with particularity, the interest of the petitioner in the 
proceeding and how that interest may be affected by the results of the 
proceeding. The petition should specifically explain the reasons why 
intervention should be permitted, with particular reference to the 
following general requirements: (1) The name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    Each contention must consist of a specific statement of the issue 
of law or fact to be raised or controverted. In addition, the 
requestor/petitioner shall provide a brief explanation of the bases for 
the contention and a concise statement of the alleged facts or expert 
opinion that support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing. 
The requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
requestor/petitioner intends to rely to establish those facts or expert 
opinion. The petition must include sufficient information to show that 
a genuine dispute exists with the applicant on a material issue of law 
or fact. Contentions shall be limited to matters within the scope of 
the amendment under consideration. The contention must be one which, if 
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence, consistent 
with NRC regulations, policies, and procedures. The Atomic Safety and 
Licensing Board will set the time and place for any prehearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Petitions to intervene must be filed no later than 60 days from the 
date of

[[Page 5582]]

publication of this notice. Requests for hearing, petitions to 
intervene, and motions for leave to file new or amended contentions 
that are filed after the 60-day deadline will not be entertained absent 
a determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)-
(iii).
    A State, local governmental body, Federally-recognized Indian 
tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by April 
3, 2015. The petition must be filed in accordance with the filing 
instructions in the ``Electronic Submissions (E-Filing)'' section of 
this document, and should meet the requirements for petitions to 
intervene set forth in this section, except that under Sec.  
2.309(h)(2) a State, local governmental body, or Federally-recognized 
Indian tribe, or agency thereof does not need to address the standing 
requirements in 10 CFR 2.309(d) if the facility is located within its 
boundaries. A State, local governmental body, Federally-recognized 
Indian tribe, or agency thereof may also have the opportunity to 
participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
April 3, 2015.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below. To comply with the 
procedural requirements of E-Filing, at least ten 10 days prior to the 
filing deadline, the participant should contact the Office of the 
Secretary by email at <a href="/cdn-cgi/l/email-protection#4e262b2f3c272029602a212d252b3a0e203c2d60292138"><span class="__cf_email__" data-cfemail="8ae2efebf8e3e4eda4eee5e9e1effecae4f8e9a4ede5fc">[email protected]</span></a>, or by telephone at 301-
415-1677, to request (1) a digital identification (ID) certificate, 
which allows the participant (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
<a href="/cdn-cgi/l/email-protection#034e504b472d5166706c76716066436d71602d646c75"><span class="__cf_email__" data-cfemail="501d0318147e0235233f25223335103e22337e373f26">[email protected]</span></a>, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this

[[Page 5583]]

manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. With respect to copyrighted works, except 
for limited excerpts that serve the purpose of the adjudicatory filings 
and would constitute a Fair Use application, participants are requested 
not to include copyrighted materials in their submission.

IV. Availability of Documents

    The documents identified in the following table are available in 
ADAMS to interested persons.

------------------------------------------------------------------------
                                 ADAMS  accession
           Document                    No.                  Topic
------------------------------------------------------------------------
License renewal request for    ML13273A207........  Initial submittal to
 special nuclear materials                           renew license SNM-
 license number SNM[dash]95,                         95.
 dated September 23, 2013.
Letter from J. Leavey,         ML14219A484........  Cover letter:
 Pennsylvania State                                  Revised submittal
 University, ``Resubmittal of                        responding to a
 License Renewal Application                         request from the
 Originally dated 09/23/13 in                        NRC staff to
 Reply to NRC letter dated                           supplement the
 November 18, 2014 (TAC                              September 23, 2013,
 L33248),'' dated August 1,                          application.
 2014.
Enclosure 1--Penn State        ML14219A485........  Enclosure: Revised
 University SNM-95 Renewal                           application to
 Application, dated August 1,                        renew license SNM-
 2014.                                               85.
Letter from J. Leavey,         ML14245A462........  Cover letter:
 Pennsylvania State                                  Correction to the
 University, ``Penn State                            revised application
 Univ, Correction to License                         to renew license
 Renewal Application Dated 08/                       SNM-95.
 01/14,'' dated August 26,
 2014.
Enclosure to letter dated      ML14251A325........  Enclosure: Corrected
 August 26, 2014, ``Penn                             pages of revised
 State Univ, Correction to                           application to
 License Renewal Application                         renewal license SNM-
 Dated 08/01/14, Redacted                            95.
 pages 33 and 34.''
``Amendments to PSU License    ML14314A043........  Cover letter and
 Renewal Application dated                           amendment to
 August 1, 2014,'' dated                             license SNM-95
 November 5, 2014.                                   renewal
                                                     application.
``Acceptance for Technical     ML14259A467........  Letter from NRC
 Review, License SNM-0095                            accepting the
 Renewal (Technical                                  revised application
 Assignment Control Number                           to renew license
 L33343,'' dated November 19,                        SNM-95 for a
 2014.                                               technical review.
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 23rd day of January 2015.

    For the Nuclear Regulatory Commission.
Robert K. Johnson,
Chief, Fuel Manufacturing Branch, Division of Fuel Cycle Safety, 
Safeguards, and Environmental Review, Office of Nuclear Materials 
Safety and Safeguards.
[FR Doc. 2015-01915 Filed 1-30-15; 8:45 am]
BILLING CODE 7590-01-P


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