Federal Register - February 4, 2021
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Source: Federal Register
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices 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 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 20 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.
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 20 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.
V. 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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help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the following procedures.
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 hearing.docket@nrc.gov, or by telephone at 3014151677, 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 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 NRCs public website at https
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format PDF. Additional guidance on PDF
submissions is available on the NRCs 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 NRCs 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 EFiling 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 NRCs 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 documents are filed so that they can obtain access to the documents via the E-Filing system.
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