Tennessee Valley Authority; Clinch River Nuclear Site Early Site Permit Application and Associated Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 16436-16442 [2017-06625]
Download as PDF
<![CDATA[
16436
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: David Cullison,
Office of the Chief Information Officer,
Mail Stop: T–2 F43, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
David Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2084; email: INFOCOLLECTS.Resource@
NRC.GOV.
SUPPLEMENTARY INFORMATION:
post all comment submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS,
and the NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the NRC is requesting
I. Obtaining Information and
public comment on its intention to
Submitting Comments
request the OMB’s approval for the
information collection summarized
A. Obtaining Information
below.
Please refer to Docket ID NRC–2016–
1. The title of the information
0129 when contacting the NRC about
collection: 10 CFR part 52, ‘‘Licenses,
the availability of information for this
Certifications, and Approvals for
action. You may obtain publiclyNuclear Power Plants.’’
available information related to this
2. OMB approval number: 3150–0151.
action by any of the following methods:
3. Type of submission: Extension.
• Federal rulemaking Web site: Go to
4. The form number, if applicable:
https://www.regulations.gov and search
Not applicable.
5. How often the collection is required
for Docket ID NRC–2016–0129. A copy
or requested: On occasion. Applications
of the collection of information and
are submitted only when licensing
related instructions may be obtained
action is sought.
without charge by accessing Docket ID
6. Who will be required or asked to
NRC–2016–0129 on this Web site.
respond: Applicants for early site
• NRC’s PDR: You may examine and
purchase copies of public documents at permits (ESPs), standard design
approvals (SDAs) and certifications,
the NRC’s PDR, Room O1–F21, One
manufacturing licenses (MLs), and
White Flint North, 11555 Rockville
licenses which combine construction
Pike, Rockville, Maryland 20852.
• NRC’s Clearance Officer: A copy of
permits (CPs) and conditional operating
the collection of information and related licenses (OLs), e.g. COLs, for
instructions may be obtained without
commercial nuclear power reactors.
7. The estimated number of annual
charge by contacting NRC’s Clearance
responses: 1,175 (1,150 reporting
Officer, David Cullison, Office of the
responses plus 25 recordkeepers).
Chief Information Officer, U.S. Nuclear
8. The estimated number of annual
Regulatory Commission, Washington,
respondents: 25.
DC 20555–0001; telephone: 301–415–
9. The estimated number of hours
2084; email: INFOCOLLECTS.Resource@
needed annually to comply with the
NRC.GOV.
information collection requirement or
B. Submitting Comments
request: 243,854 hours (22,414 hours
reporting plus 23,440 hours
Please include Docket ID NRC–2016–
recordkeeping).
0129 in the subject line of your
10. Abstract: The licensing processes
comment submission, in order to ensure
in part 52 of title 10 of the Code of
that the NRC is able to make your
Federal Regulations (10 CFR) provide
comment submission available to the
for issuance of ESPs, SDAs, MLs, CPs,
public in this docket.
and COLs for commercial nuclear power
The NRC cautions you not to include
reactors. The applicants submit updated
identifying or contact information in
reports, applications for renewals,
comment submissions that you do not
exemption requests and maintain
want to be publicly disclosed in your
records of changes to the facility and
comment submission. The NRC will
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
records of detailed design related
information. These licensing procedures
are options to the two-step licensing
process in 10 CFR part 50, which
provides for a CP and an OL. The part
52 licensing process places procedural
requirements in part 52 and technical
requirements in part 50. Part 52 reduces
the overall paperwork burden borne by
applicants for CPs and OLs because part
52 only requires a single application
and provides options for referencing
standardized designs. The information
in 10 CFR part 52 is needed by the
agency to assess the adequacy and
suitability of an applicant’s site, plant
design, construction, training and
experience, plans and procedures for
the protection of public health and
safety.
III. Specific Requests for Comment
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
2. Is the estimate of the burden of the
information collection accurate?
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated at Rockville, Maryland, this 30th day
of March, 2017.
For the Nuclear Regulatory Commission.
David Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2017–06633 Filed 4–3–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 52–047; NRC–2016–0119]
Tennessee Valley Authority; Clinch
River Nuclear Site Early Site Permit
Application and Associated Order
Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards
Information and Safeguards
Information
Nuclear Regulatory
Commission.
ACTION: Notice of hearing and
opportunity to petition for leave to
intervene; order imposing procedures.
AGENCY:
On May 12, 2016, the
Tennessee Valley Authority (TVA)
SUMMARY:
E:\FR\FM\04APN1.SGM
04APN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
submitted an application to the U.S.
Nuclear Regulatory Commission (NRC)
for an early site permit (ESP) for the
Clinch River Nuclear (CRN) Site located
in Oak Ridge, Tennessee. A notice of
receipt and availability of this
application was published in the
Federal Register on June 23, 2016. The
TVA also provided supplemental
information in support of the
application to the NRC. Notice of the
NRC’s docketing of the application was
published in the Federal Register on
January 12, 2017. A hearing will be
held, at a time and place to be set in the
future by the NRC or designated by the
Atomic Safety and Licensing Board
(Board). The hearing will consider the
application dated May 12, 2016.
DATES: A request for hearing or petition
for leave to intervene must be filed by
June 5, 2017. Any potential party, as
defined in § 2.4 of title 10 of the Code
of Federal Regulations (10 CFR), who
believes access to sensitive unclassified
non-safeguards information (SUNSI)
and/or safeguards information (SGI) is
necessary to respond to this notice must
request document access by April 14,
2017.
ADDRESSES: Please refer to Docket ID
NRC–2016–0119 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:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0119. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://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 pdr.resource@nrc.gov. 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.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Allen Fetter, telephone: 301–415–8556,
email: Allen.Fetter@nrc.gov; or Mallecia
Sutton, telephone: 301–415–0673,
email: Mallecia.Sutton@nrc.gov. Both
are staff of the Office of New Reactors,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
16437
concern safety. The NRC staff will also
complete an environmental review of
the application and will document its
findings in an environmental impact
statement (EIS) in accordance with the
National Environmental Policy Act of
1969, as amended, and the
Commission’s regulations in 10 CFR
part 51.
II. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
I. Introduction
publication of this notice, any persons
Pursuant to Section 189a.(2) of the
(petitioner) whose interest may be
Atomic Energy Act of 1954, as amended affected by this action may file a request
(the Act), and the regulations in 10 CFR for a hearing and petition for leave to
part 2, ‘‘Agency Rules of Practice and
intervene (petition) with respect to the
Procedure,’’ 10 CFR part 50, ‘‘Domestic
action. Petitions shall be filed in
Licensing of Production and Utilization accordance with the Commission’s
Facilities,’’ and 10 CFR part 52,
‘‘Agency Rules of Practice and
‘‘Licenses, Certifications, and Approvals Procedure’’ in 10 CFR part 2. Interested
for Nuclear Power Plants,’’ notice is
persons should consult a current copy
hereby given that a hearing will be held, of 10 CFR 2.309. The NRC’s regulations
at a time and place to be set in the future are accessible electronically from the
by the NRC or designated by the Board.
NRC Library on the NRC’s Web site at
The hearing will consider the
https://www.nrc.gov/reading-rm/docapplication dated May 12, 2016
collections/cfr/. Alternatively, a copy of
(ADAMS Accession No. ML16153A282), the regulations is available at the NRC’s
filed by TVA, pursuant to subpart A of
Public Document Room, located at One
10 CFR part 52, for an early site permit.
White Flint North, Room O1–F21, 11555
The application requests approval of an Rockville Pike (first floor), Rockville,
ESP for the CRN Site to be located in
Maryland 20852. If a petition is filed,
Oak Ridge, Tennessee. The notice of the the Commission or a presiding officer
NRC’s receipt of the application was
will rule on the petition and, if
published in the Federal Register on
appropriate, a notice of a hearing will be
June 23, 2016 (81 FR 40929). The notice issued.
of the NRC’s docketing of the
As required by 10 CFR 2.309(d) the
application was published in the
petition should specifically explain the
Federal Register on January 12, 2017
reasons why intervention should be
(82 FR 3812). The docket number
permitted with particular reference to
established for this application is 52–
the following general requirements for
047.
standing: (1) The name, address, and
The CRN Site ESP application uses
telephone number of the petitioner; (2)
technical information from various
the nature of the petitioner’s right under
certified and proposed designs to
the Act to be made a party to the
develop a plant parameter envelope for
proceeding; (3) the nature and extent of
facility characterization necessary to
the petitioner’s property, financial, or
assess the suitability of the site for any
other interest in the proceeding; and (4)
future construction and operation of a
the possible effect of any decision or
nuclear power plant.
order which may be entered in the
The hearing will be conducted by a
proceeding on the petitioner’s interest.
In accordance with 10 CFR 2.309(f),
Board that will be designated by the
the petition must also set forth the
Chief Judge of the Atomic Safety and
specific contentions which the
Licensing Board Panel or will be
petitioner seeks to have litigated in the
conducted by the Commission. Notice
proceeding. Each contention must
as to the membership of the Board
consist of a specific statement of the
would be published in the Federal
issue of law or fact to be raised or
Register at a later date. The NRC staff
controverted. In addition, the petitioner
will complete a detailed technical
must provide a brief explanation of the
review of the application and will
bases for the contention and a concise
document its findings in a safety
statement of the alleged facts or expert
evaluation report (SER). The
opinion which support the contention
Commission will refer a copy of the
and on which the petitioner intends to
application to the Advisory Committee
rely in proving the contention at the
on Reactor Safeguards (ACRS) in
accordance with 10 CFR 52.23, ‘‘Referral hearing. The petitioner must also
to the ACRS,’’ and the ACRS will report provide references to the specific
on those portions of the application that sources and documents on which the
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
E:\FR\FM\04APN1.SGM
04APN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
16438
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
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 which, if proven, would entitle the
petitioner to relief. A petitioner who
fails to satisfy the requirements at 10
CFR 2.309(f) 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 party’s admitted contentions,
including the opportunity to present
evidence, consistent with the NRC’s
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
2.309(c)(1)(i) 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
the Commission to participate as a party
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
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 June 5, 2017. 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 2.309(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. Alternatively, a State,
local governmental body, Federallyrecognized Indian Tribe, or agency
thereof may participate as a non-party
under 10 CFR 2.315(c).
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, at 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 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.
III. 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
2.315(c), must be filed in accordance
with the NRC’s 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’s Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may not submit paper copies of their
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
filings unless they seek an exemption in
accordance with the procedures
described below.
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 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 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 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 NRC’s
public Web site 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. 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 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
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
E:\FR\FM\04APN1.SGM
04APN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. 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 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 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 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, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents in this 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 https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or 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
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. 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.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and Safeguards
Information for Contention Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing sensitive
unclassified information (including
Sensitive Unclassified Non-Safeguards
Information (SUNSI) and Safeguards
Information (SGI)). Requirements for
access to SGI are primarily set forth in
10 CFR parts 2 and 73. Nothing in this
Order is intended to conflict with the
SGI regulations.
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 or SGI is necessary to respond to
this notice may request access to SUNSI
or SGI. 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
or SGI submitted later than 10 days after
publication 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,
SGI, or both 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 Associate General Counsel for
Hearings, Enforcement 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 Hearing.Docket@
nrc.gov and OGCmailcenter@nrc.gov,
respectively.1 The request must include
the following information:
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
16439
(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);
(3) If the request is for SUNSI, 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; and
(4) If the request is for SGI, the
identity of each individual who would
have access to SGI if the request is
granted, including the identity of any
expert, consultant, or assistant who will
aid the requestor in evaluating the SGI.
In addition, the request must contain
the following information:
(a) A statement that explains each
individual’s ‘‘need to know’’ the SGI, as
required by 10 CFR 73.2 and 10 CFR
73.22(b)(1). Consistent with the
definition of ‘‘need to know’’ as stated
in 10 CFR 73.2, the statement must
explain:
(i) Specifically why the requestor
believes that the information is
necessary to enable the requestor to
proffer and/or adjudicate a specific
contention in this proceeding; 2 and
(ii) The technical competence
(demonstrable knowledge, skill, training
or education) of the requestor to
effectively utilize the requested SGI to
provide the basis and specificity for a
proffered contention. The technical
competence of a potential party or its
counsel may be shown by reliance on a
qualified expert, consultant, or assistant
who satisfies these criteria.
(b) A completed Form SF–85,
‘‘Questionnaire for Non-Sensitive
Positions,’’ for each individual who
would have access to SGI. The
completed Form SF–85 will be used by
the Office of Administration to conduct
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI and/or SGI
under these procedures should be submitted as
described in this paragraph.
2 Broad SGI requests under these procedures are
unlikely to meet the standard for need to know;
furthermore, NRC staff redaction of information
from requested documents before their release may
be appropriate to comport with this requirement.
These procedures do not authorize unrestricted
disclosure or less scrutiny of a requestor’s need to
know than ordinarily would be applied in
connection with an already-admitted contention or
non-adjudicatory access to SGI.
E:\FR\FM\04APN1.SGM
04APN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
16440
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
the background check required for
access to SGI, as required by 10 CFR
part 2, subpart C, and 10 CFR
73.22(b)(2), to determine the requestor’s
trustworthiness and reliability. For
security reasons, Form SF–85 can only
be submitted electronically through the
electronic questionnaire for
investigations processing (e-QIP) Web
site, a secure Web site that is owned and
operated by the Office of Personnel
Management. To obtain online access to
the form, the requestor should contact
the NRC’s Office of Administration at
301–415–3710.3
(c) A completed Form FD–258
(fingerprint card), signed in original ink,
and submitted in accordance with 10
CFR 73.57(d). Copies of Form FD–258
may be obtained by writing the Office of
Administrative Services, Mail Services
Center, Mail Stop P1–37, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, or by email to
MAILSVC.Resource@nrc.gov. The
fingerprint card will be used to satisfy
the requirements of 10 CFR part 2,
subpart C, 10 CFR 73.22(b)(1), and
Section 149 of the Atomic Energy Act of
1954, as amended, which mandates that
all persons with access to SGI must be
fingerprinted for an FBI identification
and criminal history records check.
(d) A check or money order payable
in the amount of $324.00 4 to the U.S.
Nuclear Regulatory Commission for
each individual for whom the request
for access has been submitted.
(e) If the requestor or any
individual(s) who will have access to
SGI believes they belong to one or more
of the categories of individuals that are
exempt from the criminal history
records check and background check
requirements in 10 CFR 73.59, the
requestor should also provide a
statement identifying which exemption
the requestor is invoking and explaining
the requestor’s basis for believing that
the exemption applies. While
processing the request, the Office of
Administration, Personnel Security
Branch, will make a final determination
whether the claimed exemption applies.
Alternatively, the requestor may contact
the Office of Administration for an
evaluation of their exemption status
prior to submitting their request.
Persons who are exempt from the
background check are not required to
3 The requestor will be asked to provide his or her
full name, social security number, date and place
of birth, telephone number, and email address.
After providing this information, the requestor
usually should be able to obtain access to the online
form within one business day.
4 This fee is subject to change pursuant to the
Office of Personnel Management’s adjustable billing
rates.
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
complete the SF–85 or Form FD–258;
however, all other requirements for
access to SGI, including the need to
know, are still applicable.
Note: Copies of documents and materials
required by paragraphs C.(4)(b), (c), and (d)
of this Order must be sent to the following
address: U.S. Nuclear Regulatory
Commission, ATTN: Personnel Security
Branch, Mail Stop TWFN–03–B46M, 11555
Rockville Pike, Rockville, MD 20852.
These documents and materials
should not be included with the request
letter to the Office of the Secretary, but
the request letter should state that the
forms and fees have been submitted as
required.
D. To avoid delays in processing
requests for access to SGI, the requestor
should review all submitted materials
for completeness and accuracy
(including legibility) before submitting
them to the NRC. The NRC will return
incomplete packages to the sender
without processing.
E. Based on an evaluation of the
information submitted under paragraphs
C.(3) or C.(4) above, as applicable, 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 or
need to know the SGI requested.
F. For requests for access to SUNSI, if
the NRC staff determines that the
requestor satisfies both E.(1) and E.(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 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.5
G. For requests for access to SGI, if the
NRC staff determines that the requestor
has satisfied both E.(1) and E.(2) above,
the Office of Administration will then
determine, based upon completion of
the background check, whether the
proposed recipient is trustworthy and
reliable, as required for access to SGI by
5 Any
motion for Protective Order or draft NonDisclosure 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.
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
10 CFR 73.22(b). If the Office of
Administration determines that the
individual or individuals are
trustworthy and reliable, the NRC will
promptly notify the requestor in writing.
The notification will provide the names
of approved individuals as well as the
conditions under which the SGI will be
provided. Those conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 6 by
each individual who will be granted
access to SGI.
H. Release and Storage of SGI. Prior
to providing SGI to the requestor, the
NRC staff will conduct (as necessary) an
inspection to confirm that the
recipient’s information protection
system is sufficient to satisfy the
requirements of 10 CFR 73.22.
Alternatively, recipients may opt to
view SGI at an approved SGI storage
location rather than establish their own
SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI or SGI 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 or SGI
contentions by that later deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI
or SGI is denied by the NRC staff either
after a determination on standing and
requisite need, or after a determination
on trustworthiness and reliability, the
NRC staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of
Administration makes a final adverse
determination regarding the
trustworthiness and reliability of the
proposed recipient(s) for access to SGI,
the Office of Administration, in
accordance with 10 CFR 2.336(f)(1)(iii),
must provide the proposed recipient(s)
any records that were considered in the
trustworthiness and reliability
determination, including those required
to be provided under 10 CFR
6 Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be
filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 180 days of the
deadline for the receipt of the written access
request.
E:\FR\FM\04APN1.SGM
04APN1
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
73.57(e)(1), so that the proposed
recipient(s) have an opportunity to
correct or explain the record.
(3) The requestor may challenge the
NRC staff’s adverse determination with
respect to access to SUNSI or with
respect to standing or need to know for
SGI 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
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.
(4) The requestor may challenge the
Office of Administration’s final adverse
determination with respect to
trustworthiness and reliability for access
to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under
this paragraph must be made pursuant
to 10 CFR 2.311.
K. 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 2.311.7
16441
L. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI or SGI, 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 at Rockville, Maryland, this 30th of
March, 2017.
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 and Safeguards
Information in This Proceeding
Day
Event/activity
0 ...............
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions
for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non Safeguards Information (SUNSI) and/or Safeguards Information (SGI) 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; demonstrating that
access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does
not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
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 (1) need for SUNSI or (2) need to know for SGI.
(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). If NRC staff makes the finding of need to
know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history
records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections.
If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner 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.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(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.
(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file
motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is
not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to
SGI, the proposed recipient must be provided an opportunity to correct or explain information.
Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR
2.336(f)(1)(iv).
If access granted: Issuance of a decision by a presiding officer or other designated officer 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.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the
protective order.
10 .............
60 .............
20 .............
25 .............
30 .............
40 .............
190 ...........
asabaliauskas on DSK3SPTVN1PROD with NOTICES
205 ...........
A ..............
A + 3 ........
7 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
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
46562; August 3, 2012) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
applicable), but not to the initial SUNSI/SGI request
submitted to the NRC staff under these procedures.
E:\FR\FM\04APN1.SGM
04APN1
16442
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
Day
Event/activity
A + 28 ......
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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
or SGI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
A + 53 ......
A + 60 ......
>A + 60 ....
SECURITIES AND EXCHANGE
COMMISSION
[FR Doc. 2017–06625 Filed 4–3–17; 8:45 am]
BILLING CODE 7590–01–P
[Release No. 34–80339]
RAILROAD RETIREMENT BOARD
Actuarial Advisory Committee With
Respect to the Railroad Retirement
Account; Notice of Public Meeting
Notice is hereby given in accordance
with Public Law 92–463 that the
Actuarial Advisory Committee will hold
a meeting on May 4, 2017 at 10:00 a.m.
at the office of the Chief Actuary of the
U.S. Railroad Retirement Board, 844
North Rush Street, Chicago, Illinois, on
the conduct of the 27th Actuarial
Valuation of the Railroad Retirement
System. The agenda for this meeting
will include a discussion of the
assumptions to be used in the 27th
Actuarial Valuation. A report containing
recommended assumptions and the
experience on which the
recommendations are based will have
been sent by the Chief Actuary to the
Committee before the meeting.
The meeting will be open to the
public. Persons wishing to submit
written statements or make oral
presentations should address their
communications or notices to the
Actuarial Advisory Committee, c/o
Chief Actuary, U.S. Railroad Retirement
Board, 844 North Rush Street, Chicago,
Illinois 60611–2092.
Dated: March 30, 2017.
For the Board.
Martha P. Rico,
Secretary to the Board.
[FR Doc. 2017–06623 Filed 4–3–17; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BILLING CODE 7905–01–P
Order Granting Application by C2
Options Exchange, Incorporated for an
Exemption Pursuant to Section 36(a) of
the Exchange Act From the Rule Filing
Requirements of Section 19(b) of the
Exchange Act With Respect to Certain
Rules Incorporated by Reference
March 29, 2017.
C2 Options Exchange, Incorporated
(‘‘C2’’ or ‘‘Exchange’’) has filed with the
Securities and Exchange Commission
(‘‘Commission’’) an application for an
exemption under Section 36(a)(1) of the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) 1 from the rule filing
requirements of Section 19(b) of the
Exchange Act 2 with respect to certain
rules of the Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’) that
the Exchange seeks to incorporate by
reference. Section 36 of the Exchange
Act authorizes the Commission to
conditionally or unconditionally
exempt any person, security, or
transaction, or any class thereof, from
any provision of the Exchange Act or
rule thereunder, if necessary or
appropriate in the public interest and
consistent with the protection of
investors.
Both C2 and CBOE are Participants in
the National Market System Plan
Governing the Consolidated Audit Trail
(‘‘CAT NMS Plan’’ or ‘‘Plan’’).3 Each
Participant in the CAT NMS Plan is
required to enforce compliance by its
members with the provisions of the Plan
by adopting a ‘‘Compliance Rule’’
applicable to its members.4 On January
30, 2017, CBOE filed a proposed rule
change with the Commission to adopt
new Section F to Chapter VI of its rules
to implement the CAT Compliance
1 15
U.S.C. 78mm(a)(1).
U.S.C. 78s(b).
3 See Securities Exchange Act Release No. 79318
(November 15, 2016), 81 FR 84696 (November 23,
2016) (‘‘CAT NMS Plan Approval Order’’). All
capitalized terms not otherwise defined herein shall
have the meaning ascribed to them in the CAT NMS
Plan or CAT NMS Plan Approval Order.
4 Id. at 84945, 84950.
2 15
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
Rule.5 On the same day, C2 filed a
proposed rule change with the
Commission to incorporate by reference,
in new Section F of Chapter 6 of its
rules, the rules contained in Section F
of Chapter VI of CBOE’s rules.6
C2 has requested, pursuant to Rule 0–
12 under the Exchange Act,7 that the
Commission grant the Exchange an
exemption from the rule filing
requirements of Section 19(b) of the
Exchange Act for changes to Section F
of Chapter 6 of C2’s rules that are
effected solely by virtue of a change to
Section F of Chapter VI of CBOE’s rules.
Specifically, C2 requests that it be
permitted to incorporate by reference
changes made to Section F of Chapter VI
of CBOE’s rules 8 without the need for
C2 to file separately the same proposed
rule changes pursuant to Section 19(b)
of the Exchange Act.9 By virtue of these
incorporations by reference, the
requirements applicable to C2 Permit
Holders 10 will change when the
applicable CBOE rules change, without
the need for C2 to file separately the
same proposed rule changes pursuant to
Section 19(b) of the Exchange Act.11
The Exchange represents that Section
F of Chapter 6 is a category of Exchange
rules (rather than individual rules
within a category) that are not trading
rules, and that the incorporation by
reference of CBOE Chapter VI, Section
F, which are regulatory rules, is
intended to be a comprehensive
5 See Securities Exchange Act Release No. 79950
(February 2, 2017), 82 FR 9916 (February 8, 2017).
6 See Securities Exchange Act Release No. 79953
(February 3, 2017), 82 FR 10034 (February 9, 2017).
CBOE and C2’s proposed rule changes were
approved by the Commission on March 15, 2017.
See Securities Exchange Act Release No. 80256, 82
FR 14526 (March 21, 2017).
7 17 CFR 240.0–12.
8 C2 Chapter 6, Section F states: ‘‘The rules
contained in Section F of CBOE Chapter VI relating
to the Consolidated Audit Trail (CAT) Compliance
Rule, as such rules may be in effect from time to
time, shall apply to C2 and are hereby incorporated
into this Chapter.’’
9 See Letter from Laura G. Dickman, Lead
Counsel, CBOE, to Brent J. Fields, Secretary,
Commission, dated January 30, 2017 (‘‘C2 Letter’’).
10 ‘‘Permit Holder’’ means ‘‘the Exchange
recognized holder of a Trading Permit. A Permit
Holder is also known as a Trading Permit Holder
under the Bylaws. Permit Holders are deemed
‘members’ under the Exchange Act.’’ C2 Rule 1.1.
11 C2 Letter, supra note 8.
E:\FR\FM\04APN1.SGM
04APN1
]]>Agencies
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16436-16442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06625]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 52-047; NRC-2016-0119]
Tennessee Valley Authority; Clinch River Nuclear Site Early Site
Permit Application and Associated Order Imposing Procedures for Access
to Sensitive Unclassified Non-Safeguards Information and Safeguards
Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of hearing and opportunity to petition for leave to
intervene; order imposing procedures.
-----------------------------------------------------------------------
SUMMARY: On May 12, 2016, the Tennessee Valley Authority (TVA)
[[Page 16437]]
submitted an application to the U.S. Nuclear Regulatory Commission
(NRC) for an early site permit (ESP) for the Clinch River Nuclear (CRN)
Site located in Oak Ridge, Tennessee. A notice of receipt and
availability of this application was published in the Federal Register
on June 23, 2016. The TVA also provided supplemental information in
support of the application to the NRC. Notice of the NRC's docketing of
the application was published in the Federal Register on January 12,
2017. A hearing will be held, at a time and place to be set in the
future by the NRC or designated by the Atomic Safety and Licensing
Board (Board). The hearing will consider the application dated May 12,
2016.
DATES: A request for hearing or petition for leave to intervene must be
filed by June 5, 2017. Any potential party, as defined in Sec. 2.4 of
title 10 of the Code of Federal Regulations (10 CFR), who believes
access to sensitive unclassified non-safeguards information (SUNSI)
and/or safeguards information (SGI) is necessary to respond to this
notice must request document access by April 14, 2017.
ADDRESSES: Please refer to Docket ID NRC-2016-0119 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:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0119. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
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 ``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 pdr.resource@nrc.gov. 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.
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: Allen Fetter, telephone: 301-415-8556,
email: Allen.Fetter@nrc.gov; or Mallecia Sutton, telephone: 301-415-
0673, email: Mallecia.Sutton@nrc.gov. Both are staff of the Office of
New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), and the regulations in 10 CFR part 2, ``Agency Rules
of Practice and Procedure,'' 10 CFR part 50, ``Domestic Licensing of
Production and Utilization Facilities,'' and 10 CFR part 52,
``Licenses, Certifications, and Approvals for Nuclear Power Plants,''
notice is hereby given that a hearing will be held, at a time and place
to be set in the future by the NRC or designated by the Board. The
hearing will consider the application dated May 12, 2016 (ADAMS
Accession No. ML16153A282), filed by TVA, pursuant to subpart A of 10
CFR part 52, for an early site permit. The application requests
approval of an ESP for the CRN Site to be located in Oak Ridge,
Tennessee. The notice of the NRC's receipt of the application was
published in the Federal Register on June 23, 2016 (81 FR 40929). The
notice of the NRC's docketing of the application was published in the
Federal Register on January 12, 2017 (82 FR 3812). The docket number
established for this application is 52-047.
The CRN Site ESP application uses technical information from
various certified and proposed designs to develop a plant parameter
envelope for facility characterization necessary to assess the
suitability of the site for any future construction and operation of a
nuclear power plant.
The hearing will be conducted by a Board that will be designated by
the Chief Judge of the Atomic Safety and Licensing Board Panel or will
be conducted by the Commission. Notice as to the membership of the
Board would be published in the Federal Register at a later date. The
NRC staff will complete a detailed technical review of the application
and will document its findings in a safety evaluation report (SER). The
Commission will refer a copy of the application to the Advisory
Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.23,
``Referral to the ACRS,'' and the ACRS will report on those portions of
the application that concern safety. The NRC staff will also complete
an environmental review of the application and will document its
findings in an environmental impact statement (EIS) in accordance with
the National Environmental Policy Act of 1969, as amended, and the
Commission's regulations in 10 CFR part 51.
II. 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 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 a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. 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 2.309(d) 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 petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
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 petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which 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 which 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
[[Page 16438]]
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 which, if proven, would
entitle the petitioner to relief. A petitioner who fails to satisfy the
requirements at 10 CFR 2.309(f) 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 party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's 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 2.309(c)(1)(i) 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 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 June
5, 2017. 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 2.309(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.
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).
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, at
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
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.
III. 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 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC's Web site at
https://www.nrc.gov/site-help/e-submittals.html. 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 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 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 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 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 NRC's public Web site 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. 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
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.
A person filing electronically using the NRC's adjudicatory E-
Filing system
[[Page 16439]]
may seek assistance by contacting the NRC's Electronic Filing Help Desk
through the ``Contact Us'' link located on the NRC's public Web site at
https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, 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.,
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
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 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, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or 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. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention
Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
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 or SGI is necessary to respond to this notice
may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication 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, SGI, or both 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
Associate General Counsel for Hearings, Enforcement 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
Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.\1\ The
request must include the following information:
---------------------------------------------------------------------------
\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 and/or SGI
under these procedures should be submitted as described in this
paragraph.
---------------------------------------------------------------------------
(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);
(3) If the request is for SUNSI, 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; and
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically why the requestor believes that the information is
necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
---------------------------------------------------------------------------
\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
---------------------------------------------------------------------------
(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct
[[Page 16440]]
the background check required for access to SGI, as required by 10 CFR
part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the requestor's
trustworthiness and reliability. For security reasons, Form SF-85 can
only be submitted electronically through the electronic questionnaire
for investigations processing (e-QIP) Web site, a secure Web site that
is owned and operated by the Office of Personnel Management. To obtain
online access to the form, the requestor should contact the NRC's
Office of Administration at 301-415-3710.\3\
---------------------------------------------------------------------------
\3\ The requestor will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and email address. After providing this information, the requestor
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------
(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 may be obtained by writing the Office of Administrative
Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, or by email to
MAILSVC.Resource@nrc.gov. The fingerprint card will be used to satisfy
the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and
Section 149 of the Atomic Energy Act of 1954, as amended, which
mandates that all persons with access to SGI must be fingerprinted for
an FBI identification and criminal history records check.
(d) A check or money order payable in the amount of $324.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
---------------------------------------------------------------------------
\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------
(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of
Administration, Personnel Security Branch, will make a final
determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of
their exemption status prior to submitting their request. Persons who
are exempt from the background check are not required to complete the
SF-85 or Form FD-258; however, all other requirements for access to
SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address: U.S. Nuclear Regulatory Commission, ATTN: Personnel
Security Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike,
Rockville, MD 20852.
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(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 setting forth
terms and conditions to prevent the unauthorized or inadvertent
disclosure of SUNSI by each individual who will be granted access to
SUNSI.\5\
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2) above, the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order
\6\ by each individual who will be granted access to SGI.
---------------------------------------------------------------------------
\6\ Any motion for Protective Order or draft Non- Disclosure
Agreement or Affidavit for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI 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 or SGI contentions by that later
deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and requisite need, or
after a determination on trustworthiness and reliability, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of Administration makes a final adverse
determination regarding the trustworthiness and reliability of the
proposed recipient(s) for access to SGI, the Office of Administration,
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR
[[Page 16441]]
73.57(e)(1), so that the proposed recipient(s) have an opportunity to
correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI or with respect to
standing or need to know for SGI 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
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.
(4) The requestor may challenge the Office of Administration's
final adverse determination with respect to trustworthiness and
reliability for access to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
K. 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.\7\
---------------------------------------------------------------------------
\7\ 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/SGI
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------
L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, 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 at Rockville, Maryland, this 30th of March, 2017.
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 and Safeguards Information in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
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) and/or Safeguards
Information (SGI) 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; demonstrating that access should be
granted (e.g., showing technical competence for
access to SGI); and, for SGI, including
application fee for fingerprint/background
check.
60.................... Deadline for submitting petition for
intervention containing: (i) Demonstration of
standing; (ii) all contentions whose
formulation does not require access to SUNSI
and/or SGI (+25 Answers to petition for
intervention; +7 requestor/petitioner 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 (1) need for SUNSI
or (2) need to know for SGI. (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).
If NRC staff makes the finding of need to know
for SGI and likelihood of standing, NRC staff
begins background check (including
fingerprinting for a criminal history records
check), information processing (preparation of
redactions or review of redacted documents),
and readiness inspections.
25.................... If NRC staff finds no ``need,'' no ``need to
know,'' or no likelihood of standing, the
deadline for requestor/petitioner 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.
190................... (Receipt +180) If NRC staff finds standing, need
to know for SGI, and trustworthiness and
reliability, deadline for NRC staff to file
motion for Protective Order and draft Non-
disclosure Affidavit (or to make a
determination that the proposed recipient of
SGI is not trustworthy or reliable). Note:
Before the Office of Administration makes a
final adverse determination regarding access to
SGI, the proposed recipient must be provided an
opportunity to correct or explain information.
205................... Deadline for petitioner to seek reversal of a
final adverse NRC staff trustworthiness or
reliability determination under 10 CFR
2.336(f)(1)(iv).
A..................... If access granted: Issuance of a decision by a
presiding officer or other designated officer
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 and/or SGI
consistent with decision issuing the protective
order.
[[Page 16442]]
A + 28................ Deadline for submission of contentions whose
development depends upon access to SUNSI and/or
SGI. 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 or SGI
contentions by that later deadline.
A + 53................ (Contention receipt +25) Answers to contentions
whose development depends upon access to SUNSI
and/or SGI.
A + 60................ (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 60............... Decision on contention admission.
------------------------------------------------------------------------
[FR Doc. 2017-06625 Filed 4-3-17; 8:45 am]
BILLING CODE 7590-01-P
