[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34790-34794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13891]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-01; NRC-2021-0122]


GE-Hitachi Nuclear Energy Americas, LLC; Morris Operation

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff received 
and is considering an application for the renewal of special nuclear 
materials (SNM) License No. SNM-2500, which currently authorizes GE-
Hitachi Nuclear Energy Americas, LLC (GEH), to possess, transfer, and 
store radioactive material at the Morris Operation. The renewed license 
would authorize GEH to continue to store radioactive material for an 
additional 20 years from May 31, 2022, the expiration date of the 
current license. Because this license renewal application contains 
Sensitive Unclassified Non-Safeguards Information (SUNSI), an order 
imposes procedures to obtain access to SUNSI for contention 
preparation.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by August 30, 2021. Any potential party as defined in section 
2.4 of title 10 of the Code of Federal Regulations (10 CFR) who 
believes access to SUNSI is necessary to respond to this notice must 
request document access by July 12, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0122 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0122. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#46153227253f6815252e332b2728280628342568212930"><span class="__cf_email__" data-cfemail="d182a5b0b2a8ff82b2b9a4bcb0bfbf91bfa3b2ffb6bea7">[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 https://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 <a href="/cdn-cgi/l/email-protection#9dedf9efb3eff8eef2e8effef8ddf3effeb3faf2eb"><span class="__cf_email__" data-cfemail="5f2f3b2d712d3a2c302a2d3c3a1f312d3c71383029">[email protected]</span></a>. 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.
    <bullet> Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at <a href="/cdn-cgi/l/email-protection#b0c0d4c29ec2d5c3dfc5c2d3d5f0dec2d39ed7dfc6"><span class="__cf_email__" data-cfemail="88f8ecfaa6faedfbe7fdfaebedc8e6faeba6efe7fe">[email protected]</span></a> or call 1-800-397-4209 or 
301-415-4737,

[[Page 34791]]

between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kristina L. Banovac, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-7116, email: 
<a href="/cdn-cgi/l/email-protection#98d3eaf1ebecf1f6f9b6daf9f6f7eef9fbd8f6eafbb6fff7ee"><span class="__cf_email__" data-cfemail="b7fcc5dec4c3ded9d699f5d6d9d8c1d6d4f7d9c5d499d0d8c1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC staff received, by letter dated June 30, 2020, as 
supplemented by letters dated February 26, 2021, March 19, 2021, and 
March 24, 2021, an application from GEH for renewal of SNM License No. 
SNM-2500 for the Morris Operation for an additional 20 years (ADAMS 
Accession Nos. ML20182A699 (Package), ML21057A119 (Package), 
ML21085A859, and ML21083A200 (Package)). The license authorizes GEH to 
possess, transfer, and store radioactive material at the Morris 
Operation located in Grundy County, Illinois, near Morris, Illinois. 
This license renewal, if approved, would authorize GEH to continue to 
store radioactive material at the Morris Operation, under the 
provisions of 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.'' No additional 
radioactive material will be authorized for storage under the license 
renewal, if approved.
    Following an NRC administrative completeness review, documented in 
a letter to GEH dated April 20, 2021 (ADAMS Accession No. ML21104A080), 
the NRC staff determined that the renewal application contains 
sufficient information for the NRC to begin its technical review and 
the application is acceptable for docketing. The application is 
docketed in Docket No. 72-01, the existing docket for SNM License No. 
SNM-2500. If the NRC approves the renewal application, the approval 
will be documented in the renewal of SNM License No. SNM-2500. The NRC 
will approve the license renewal application if it determines that the 
application meets the standards and requirements of the Atomic Energy 
Act of 1954, as amended (the Act), and the NRC's regulations. These 
findings will be documented in a safety evaluation report. The NRC will 
complete an environmental evaluation, in accordance with 10 CFR part 
51, to determine if the preparation of an environmental impact 
statement is warranted or if an environmental assessment and finding of 
no significant impact are appropriate. This action will be the subject 
of a subsequent notice in the Federal Register.

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 Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing'') section of this document. 
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).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
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).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 and on the NRC website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. 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, 
unless an exemption permitting an alternative filing method, as 
discussed below, is granted. Detailed guidance on electronic 
submissions is located in the Guidance for Electronic Submissions to 
the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at 
https://www.nrc.gov/site-help/e-submittals.html.
    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 <a href="/cdn-cgi/l/email-protection#731b1612011a1d145d171c10181607331d01105d141c05"><span class="__cf_email__" data-cfemail="254d4044574c4b420b414a464e4051654b57460b424a53">[email protected]</span></a>, 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 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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format (PDF). Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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. (ET) on the due date. Upon receipt of a 
transmission, the E-Filing system timestamps the document and sends the 
submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email 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 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

[[Page 34792]]

documents are filed to obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#a0edf3e8e48ef2c5d3cfd5d2c3c5e0ced2c38ec7cfd6"><span class="__cf_email__" data-cfemail="db9688939ff589bea8b4aea9b8be9bb5a9b8f5bcb4ad">[email protected]</span></a>, 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., (ET), Monday through Friday, excluding government holidays.
    Participants who believe that they have 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 in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of 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 NRC's 
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. 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 
should not include copyrighted materials in their submission.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    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 is necessary to respond to this notice may 
request access to SUNSI. 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 submitted later than 10 days after publication of this notice 
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 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="eca4898d9e85828bc2a8838f878998ac829e8fc28b839a">[email protected]</a> and 
<a href="/cdn-cgi/l/email-protection#f2a09b9681bd9591bf939b9eb1979c869780dca097819d87809197b29c8091dc959d84"><span class="__cf_email__" data-cfemail="bae8d3dec9f5ddd9f7dbd3d6f9dfd4cedfc894e8dfc9d5cfc8d9dffad4c8d994ddd5cc">[email protected]</span></a>, respectively.\1\ The request must 
include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
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    (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 party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requestor's 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.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) 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.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(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 \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ 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.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI 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 petitioner's 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 contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requestor may challenge the NRC staff's adverse 
determination 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

[[Page 34793]]

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.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. 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 party's 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.\3\
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    \3\ Requestors should note that the filing requirements of the 
NRC's 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 
request submitted to the NRC staff under these procedures.
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    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, 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: June 24, 2021.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
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           Day                            Event/activity
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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) 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.
60......................  Deadline for submitting petition for
                           intervention containing: (i) Demonstration of
                           standing; and (ii) all contentions whose
                           formulation does not require access to SUNSI
                           (+25 Answers to petition for intervention; +7
                           petitioner/requestor 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 need
                           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).
25......................  If NRC staff finds no ``need'' or no
                           likelihood of standing, the deadline for
                           petitioner/requestor 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.
A.......................  If access granted: Issuance of presiding
                           officer or other designated officer decision
                           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
                           consistent with decision issuing the
                           protective order.
A + 28..................  Deadline for submission of contentions whose
                           development depends upon access to SUNSI.
                           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 contentions by
                           that later deadline.
A + 53..................  (Contention receipt +25) Answers to
                           contentions whose development depends upon
                           access to SUNSI.
A + 60..................  (Answer receipt +7) Petitioner/Intervenor
                           reply to answers.
>A + 60.................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2021-13891 Filed 6-29-21; 8:45 am]
BILLING CODE 7590-01-P


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