Federal Register - September 29, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Notices
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.
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 2.309h1. 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 Submission 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 hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, in 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
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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.
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 2.315c, 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/esubmittals.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 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 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. After a digital ID
certificate is obtained and a docket created, the participant must submit adjudicatory documents in Portable Document Format. Guidance on 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
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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 confirming receipt of the document. The E-Filing system also distributes an email 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 to obtain access to the documents via the E-Filing system.
A person filing electronically using the NRCs adjudicatory E-Filing system may seek assistance by contacting the NRCs Electronic Filing Help Desk through the Contact Us link located on the NRCs public website at https
www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 18666727640. The NRC
Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, 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 2.302g, 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 2.302bd. Participants filing adjudicatory documents in this manner are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302g2 must still meet the electronic formatting requirement in 10 CFR 2.302g1, unless the participant also seeks and is granted an exemption from 10 CFR 2.302g1.
Documents submitted in adjudicatory proceedings will appear in the NRCs 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 NRCissued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRCs electronic hearing dockets where you will be able to access any publicly available documents in a particular
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