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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices
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comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in derating or shutdown of the facility.
If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish a notice of issuance in the Federal Register. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance.
The Commission expects that the need to take this action will occur very infrequently.
A. 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 any of these actions may file a request for a hearing and petition for leave to intervene petition with respect to that 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 2.309. The NRCs regulations are accessible electronically from the NRC Library on the NRCs website at https www.nrc.gov/reading-rm/doccollections/cfr/. 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 2.309d 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 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 2.309f, the petition must also set forth the specific contentions that 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 that 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
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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 that, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10
CFR 2.309f 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
2.309c1i through iii. The petition must be filed in accordance with the filing instructions in the Electronic Submissions E-Filing section of this document.
If a hearing is requested, and the Commission has not made a final determination on the issue of no significant-hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10
CFR part 2.
A State, local governmental body, Federally recognized Indian Tribe, or agency thereof, may submit a petition to
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the Commission to participate as a party under 10 CFR 2.309h1. 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, except that under 10 CFR 2.309h2 a State, local governmental body, or Federally recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR
2.309d if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315c.
If a petition is submitted, 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 2.315a. 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.
B. 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
2.315c, 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 EFiling 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 https www.nrc.gov/site-

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