Progress Energy Carolinas, Inc.; Notice of Hearing and Opportunity To Petition for Leave To Intervene and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation on a Combined License for the Shearon Harris Units 2 and 3, 31899-31903 [E8-12428]

Download as PDF Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Notices amendment to Renewed Facility Operating License No. NPF–49 issued to DNC for the operation of Millstone Power Station, Unit 3, located in New London County, Connecticut. FOR FURTHER INFORMATION CONTACT: John G. Lamb, Office of Nuclear Reactor Regulation, Mail Stop O–8B1A, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by telephone at (301) 415–3100, or by email at JGL1@nrc.gov. Dated at Rockville, Maryland this 29th day of May, 2008. For the Nuclear Regulatory Commission. John G. Lamb, Senior Project Manager, Plant Licensing Branch I–2, Division of Operating Reactors, Office of Nuclear Reactor Regulation. [FR Doc. E8–12454 Filed 6–3–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No[s]. 52–022 and 52–023] rwilkins on PROD1PC63 with NOTICES Progress Energy Carolinas, Inc.; Notice of Hearing and Opportunity To Petition for Leave To Intervene and Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information and Safeguards Information for Contention Preparation on a Combined License for the Shearon Harris Units 2 and 3 Pursuant to the Atomic Energy Act of 1954, as amended, and the regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 2, ‘‘Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,’’ 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 U.S. Nuclear Regulatory Commission (NRC, the Commission) or designated by the Atomic Safety and Licensing Board (Board). The hearing will consider the application dated February 18, 2008, filed by Progress Energy Carolinas, Inc., pursuant to Subpart C of 10 CFR Part 52, for a combined license (COL). The application requests approval of a COL for Shearon Harris Units 2 and 3, to be located in Wake County, North Carolina. The application was accepted for docketing on April 17, 2008 (April 23, 2008; 73 FR 21995). The docket numbers established for this COL application are 52–022 and 52–023. The Shearon Harris COL application VerDate Aug<31>2005 16:46 Jun 03, 2008 Jkt 214001 incorporates by reference Appendix D to 10 CFR 52 (which includes the AP1000 design through Revision 15), as amended by the AP1000 Design Control Document (DCD) submitted by Westinghouse as Revision 16. AP1000 DCD Revision 16 is the subject of an ongoing rulemaking under the docket number 52–006. By letter to Westinghouse dated January 18, 2008, the staff has accepted DCD Revision 16 for docketing. The hearing on the COL application will be conducted by a Board that will be designated by the Chairman of the Atomic Safety and Licensing Board Panel or will be conducted by the Commission. Notice as to the membership of the Board will be published in the Federal Register at a later date. The NRC staff will complete a detailed technical review of the COL application and will document its findings in a safety evaluation report. The Commission will refer a copy of the COL application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.87, ‘‘Referral to the ACRS,’’ and the ACRS will report on those portions of the application that concern safety. Any person whose interest may be affected by this proceeding and who desires to participate as a party to this proceeding must file a written petition for leave to intervene in accordance with 10 CFR 2.309. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A petition for leave to intervene must be filed no later than 60 days from the date of publication of this notice in the Federal Register. Non-timely filings will not be entertained absent a determination by the Commission or presiding officer designated to rule on the petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)– (viii). Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. A petition for leave to intervene must be filed in accordance with the NRC E-Filing rule, which was promulgated by the NRC on August 28, 2007 (72 FR 49139). The E-Filing process requires participants to submit and serve documents over the internet or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 31899 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 petitioner must contact the Office of the Secretary by e-mail at HearingDocket@nrc.gov, or by calling (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner (or its counsel or representative) already holds an NRCissued digital ID certificate). Each participant will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at https://www.nrc.gov/site-help/esubmittals/install-viewer.html. Information about applying for a digital ID certificate is available on NRC’s public Web site at https://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a participant has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its documents through EIE. To be timely, an electronic filing must be submitted to the EIE system no later than 11:59 p.m. Eastern Standard Time on the due date. Upon receipt of a transmission, the EFiling system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC 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 documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically may seek assistance through the ‘‘Contact E:\FR\FM\04JNN1.SGM 04JNN1 rwilkins on PROD1PC63 with NOTICES 31900 Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Notices Us’’ link located on the NRC Web site at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Standard Time, Monday through Friday. The help line number is (800) 397–4209 or locally, (301) 415– 4737. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing 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, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass 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. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Standard Time on the due date. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at (https:// ehd.nrc.gov/EHD_Proceeding/ home.asp), unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. 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 VerDate Aug<31>2005 16:46 Jun 03, 2008 Jkt 214001 not to include copyrighted materials in their submission. Any person who files a motion pursuant to 10 CFR 2.323 must consult with counsel for the applicant and counsel for the NRC staff who are listed below. Counsel for the applicant is John O’Neill, (202) 663–8148, JohnOneill@PillsburyLaw.com. Counsel for the NRC staff in this proceeding is Sara E. Brock, (301) 415–8393, Sara.Brock@nrc.gov. A person who is not a party may be permitted to make a limited appearance by making an oral or written statement of his or her position on the issues at any session of the hearing or any prehearing conference within the limits and conditions fixed by the presiding officer, but may not otherwise participate in the proceeding. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and will be accessible electronically through the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room link at the NRC Web site https://www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr.resource@nrc.gov. The application is available at https://www.nrc.gov/ reactors/new-licensing/col/harris.html. The ADAMS accession number for the COL application cover letter is ML080580078. The ADAMS accession number for the supplement [letter] to the application is ML080560118. To search for documents in ADAMS using the Shearon Harris COL application docket numbers 52–022 and 52–023, enter the terms ‘‘05200022’’ and ‘‘05200023’’ in the ‘‘Docket Number’’ field when using either the Web-based search (advanced search) engine or the ADAMS find tool in Citrix. In the case of the information referenced in the supplemental letter, the actual data can be obtained by contacting the NRC PDR. The AP1000 DCD through Revision 15, which is incorporated by reference into Appendix D of Part 52, can be found by going to https://www.nrc.gov/ reactors/new-licensing/design-cert/ ap1000.html. The AP1000 DCD Revision 16 can be found using ADAMS accession number ML071580939 or by going to https://www.nrc.gov/reactors/ new-licensing/col/harris.html. To search for documents in ADAMS using the PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 AP1000 DCD Revision 16 docket number 52–006, enter the term ‘‘05200006’’ in the ADAMS ‘‘Docket Number’’ field. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information and Safeguards Information for Contention Preparation 1. 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)). 2. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party as defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary for a response to the notice may request access to SUNSI or SGI. A ‘‘potential party’’ is any person who intends or may intend to participate as a party by demonstrating standing and the filing of an admissible contention under 10 CFR 2.309. Requests submitted later than 10 days will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. 3. The requester shall submit a letter requesting permission to access SUNSI and/or SGI 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, 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 e-mail address for the Office of the Secretary and the Office of the General Counsel are HearingDocket@nrc.gov and OGCmail@nrc.gov, respectively.1 The request must include the following information: a. A description of the licensing action with a citation to this Federal Register notice of hearing and opportunity to petition for leave to intervene; b. The name and address of the potential party and a description of the potential party’s particularized interest 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. E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Notices rwilkins on PROD1PC63 with NOTICES that could be harmed by the action identified in (a); c. If the request is for SUNSI, the identity of the individual requesting access to SUNSI and the requester’s need for the information in order to meaningfully participate in this adjudicatory proceeding, particularly why publicly available versions of the application would not be sufficient to provide the basis and specificity for a proffered contention; d. If the request is for SGI, the identity of the individual requesting access to SGI and the identity of any expert, consultant or assistant who will aid the requester in evaluating the SGI, and information that shows: (i) Why the information is indispensable to meaningful participation in this licensing proceeding; and (ii) The technical competence (demonstrable knowledge, skill, experience, training or education) of the requester to understand and use (or evaluate) the requested information 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 demonstrates technical competence as well as trustworthiness and reliability, and who agrees to sign a nondisclosure affidavit and be bound by the terms of a protective order; and e. If the request is for SGI, Form SF– 85, ‘‘Questionnaire for Non-Sensitive Positions,’’ Form FD–248 (fingerprint card), and a credit check release form completed by the individual who seeks access to SGI and each individual who will aid the requester in evaluating the SGI. For security reasons, Form SF–85 can only be submitted electronically, through a restricted-access database. To obtain online access to the form, the requester should contact the NRC’s Office of Administration at 301–415– 0320.2 The other completed forms must be signed in original ink, accompanied by a check or money order payable in the amount of $191.00 to the U.S. Nuclear Regulatory Commission for each individual, and mailed to the U.S. Nuclear Regulatory Commission, Office of Administration, Security Processing Unit, Mail Stop T–6E46, Washington, DC 20555–0012. These forms will be used to initiate the background check, which includes fingerprinting as part of a criminal 2 The requester will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and e-mail address. After providing this information, the requester usually should be able to obtain access to the online form within one business day. VerDate Aug<31>2005 16:46 Jun 03, 2008 Jkt 214001 history records check. Note: copies of these forms do not need to 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 described above. 4. To avoid delays in processing requests for access to SGI, all forms should be reviewed for completeness and accuracy (including legibility) before submitting them to the NRC. Incomplete packages will be returned to the sender and will not be processed. 5. Based on an evaluation of the information submitted under items 2 and 3.a through 3.d, above, the NRC staff will determine within 10 days of receipt of the written access 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) there is a legitimate need for access to SUNSI or need to know the SGI requested. For SGI, the need to know determination is made based on whether the information requested is necessary (i.e., indispensable) for the proposed recipient to proffer and litigate a specific contention in this NRC proceeding 3 and whether the proposed recipient has the technical competence (demonstrable knowledge, skill, training, education, or experience) to evaluate and use the specific SGI requested in this proceeding. 6. If standing and need to know SGI are shown, the NRC staff will further determine based upon completion of the background check whether the proposed recipient is trustworthy and reliable. The NRC staff will conduct (as necessary) an inspection to confirm that the recipient’s information protection systems are sufficient to protect SGI from inadvertent release or disclosure. Recipients may opt to view SGI at the NRC’s facility rather than establish their own SGI protection program to meet SGI protection requirements. 7. A request for access to SUNSI or SGI will be granted if: a. The request has demonstrated that there is a reasonable basis to believe that a potential party is likely to establish standing to intervene or to otherwise participate as a party in this proceeding; b. The proposed recipient of the information has demonstrated a need for SUNSI or a need to know for SGI, and 3 Broad SGI requests under these procedures are thus highly unlikely to meet the standard for need to know; furthermore, 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 requester’s need to know than ordinarily would be applied in connection with an already-admitted contention. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 31901 that the proposed recipient of SGI is trustworthy and reliable; c. The proposed recipient of the information has executed a NonDisclosure Agreement or Affidavit and agrees to be bound by the terms of a Protective Order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI and/ or SGI; and d. The presiding officer has issued a protective order concerning the information or documents requested.4 Any protective order issued shall provide that the petitioner must file SUNSI or SGI contentions 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. 8. If the request for access to SUNSI or SGI is granted, the terms and conditions for access to sensitive unclassified information will be set forth in a draft protective order and affidavit of non-disclosure appended to a joint motion by the NRC staff, any other affected parties to this proceeding,5 and the petitioner(s). If the diligent efforts by the relevant parties or petitioner(s) fail to result in an agreement on the terms and conditions for a draft protective order or nondisclosure affidavit, the relevant parties to the proceeding or the petitioner(s) should notify the presiding officer within 5 days, describing the obstacles to the agreement. 9. If the request for access to SUNSI is denied by the NRC staff or a request for access to SGI is denied by NRC staff either after a determination on standing and need to know or, later, after a determination on trustworthiness and reliability, the NRC staff shall briefly state the reasons for the denial. Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. The requester may challenge the NRC staff’s adverse determination with respect to access to 4 If a presiding officer has not yet been designated, the Chief Administrative Judge will issue such orders, or will appoint a presiding officer to do so. 5 Parties/persons other than the requester and the NRC staff will be notified by the NRC staff of a favorable access determination (and may participate in the development of such a motion and protective order) if it concerns SUNSI and if the party/person’s interest independent of the proceeding would be harmed by the release of the information (e.g., as with proprietary information). E:\FR\FM\04JNN1.SGM 04JNN1 31902 Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Notices 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. In the same manner, an SGI requester may challenge an adverse determination on trustworthiness and reliability by filing a challenge within 15 days of receipt of that determination. In the same manner, a party other than the requester 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 such a request. 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 2.311.6 10. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI and/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. Attachment 1 to this Order summarizes the general target schedule for processing and resolving requests under these procedures. Dated at Rockville, Maryland, this 29th day of May 2008. 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 petitioner/requestor reply). Nuclear Regulatory Commission (NRC) staff informs the requester 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,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester 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 an adverse determination regarding access, 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 determination either before the presiding officer or another designated officer. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. 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 hearing or opportunity for hearing), 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. 10 ...................... 60 ...................... 20 ...................... 25 ...................... 30 ...................... 40 ...................... 190 .................... 205 .................... A ........................ A + 3 ................. rwilkins on PROD1PC63 with NOTICES A + 28 ............... A + 53 ............... A + 60 ............... 6 As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic Submissions in Agency Hearings (72 FR 49139; August 28, 2007). Requesters should note that the VerDate Aug<31>2005 16:46 Jun 03, 2008 Jkt 214001 filing requirements of that rule 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 requests submitted to the NRC staff under these procedures. E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 73, No. 108 / Wednesday, June 4, 2008 / Notices Day Event/Activity B ........................ Decision on contention admission. should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, or 301–415–4737 or by email to pdr@nrc.gov. [FR Doc. E8–12428 Filed 6–3–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–445 and 50–446] rwilkins on PROD1PC63 with NOTICES Luminant Generation Company LLC; Notice of Withdrawal of Application for Amendment to Facility Operating Licenses The U.S. Nuclear Regulatory Commission (NRC, the Commission) has granted the request of Luminant Generation Company LLC (the licensee) to withdraw its January 18, 2007, application for an amendment to Facility Operating License Nos. NPF–87 and NPF–89 for the Comanche Peak Steam Electric Station, Units 1 and 2, located in Hood County, Texas. The proposed amendment would have revised Technical Specification 3.8.1 to extend the 72-hour completion time for one inoperable diesel generator to 14 days, provided an alternate AC [alternating current] power source was available. The Commission had previously issued a Notice of Consideration of Issuance of Amendment to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing, published in the Federal Register on April 10, 2007 (72 FR 17952). However, by letter dated January 30, 2008, the licensee withdrew the proposed change. For further details with respect to this action, see the application for amendment dated January 18, 2007 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML070230493), and the licensee’s letter dated January 30, 2008 (ADAMS Accession No. ML080390310), which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records are accessible electronically from the ADAMS Public Electronic Reading Room on the internet at the NRC Web site, https:// www.nrc.gov/reading-rm.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS VerDate Aug<31>2005 31903 16:46 Jun 03, 2008 Jkt 214001 Dated at Rockville, Maryland, this 21st day of May, 2008. For the Nuclear Regulatory Commission. Balwant K. Singal, Senior Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E8–12492 Filed 6–3–08; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–57881; File Nos. SR–Amex2008–40; SR–NASDAQ–2008–046; SR– NYSE–2008–39; SR–NYSEArca-2008–50] Self-Regulatory Organizations; American Stock Exchange LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, and NYSE Arca, Inc.; Notice of Filing of Proposed Rule Changes To Adopt a Trading Halt Rule in Connection With the Dissemination of Net Asset Value and Disclosed Portfolio for Certain Derivative Securities Products May 29, 2008. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on May 14, 2008, the American Stock Exchange LLC (‘‘Amex’’), The NASDAQ Stock Market LLC (‘‘Nasdaq’’), the New York Stock Exchange LLC (‘‘NYSE’’), and NYSE Arca, Inc. (‘‘NYSE Arca’’ and together with Amex, Nasdaq, and NYSE, collectively, the ‘‘Exchanges’’), through its wholly owned subsidiary, NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’), each filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule changes as described in Items I, II, and III below, which Items have been substantially prepared by the Exchanges. The Commission is publishing this notice to solicit comments on the proposed rule changes from interested persons. 1 15 2 17 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00095 Fmt 4703 Sfmt 4703 I. Self-Regulatory Organizations’ Statement of the Terms of Substance of the Proposed Rule Changes Each Exchange proposes to amend its respective rules to require a trading halt (‘‘New Trading Halt Rule’’) in certain derivative securities products when the respective Exchange becomes aware that the net asset value (‘‘NAV’’) and/or disclosed portfolio (‘‘Disclosed Portfolio’’),3 as applicable, for such derivative securities product is not being disseminated to all market participants at the same time. The texts of the proposed rule changes are available at the Exchanges, the Commission’s Public Reference Room, and the Exchanges’ respective Internet Web sites.4 II. Self-Regulatory Organizations’ Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Changes In its filing with the Commission, each Exchange included statements concerning the purpose of, and basis for, its proposed rule change and discussed any comments it received on the proposed rule change. The text of the statements may be examined at the places specified in Item IV below. The Exchanges have prepared summaries, set forth in sections A, B, and C, below, of the most significant aspects of such statements. 3 ‘‘Disclosed Portfolio’’ is applicable only with respect to a series of Managed Fund Shares and is defined as the identities and quantities of the securities and other assets that: (1) Are held by a registered investment company organized as an open-end management investment company or similar entity that invests in a portfolio of securities selected by such investment company’s investment adviser consistent such investment company’s investment objectives and policies; and (2) form the basis for such investment company’s calculation of NAV. See Amex Rule 1002B (setting forth the continued listing standards for Managed Fund Shares and requiring, among other things, that the Disclosed Portfolio be disseminated at least once daily and made available to all market participants at the same time) and NYSE Arca Equities Rule 8.600 (setting forth the listing standards for Managed Fund Shares and requiring, among other things, that the Disclosed Portfolio be disseminated at least once daily and made available to all market participants at the same time). As of the date hereof, only Amex and NYSE Arca Equities have listing rules for Managed Fund Shares. See infra note 5. 4 See https://www.amex.com, https:// www.nasdaq.com, and https://www.nyse.com (for both NYSE and NYSE Arca). E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Notices]
[Pages 31899-31903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12428]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No[s]. 52-022 and 52-023]


Progress Energy Carolinas, Inc.; Notice of Hearing and 
Opportunity To Petition for Leave To Intervene and Order Imposing 
Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information for Contention Preparation on a 
Combined License for the Shearon Harris Units 2 and 3

    Pursuant to the Atomic Energy Act of 1954, as amended, and the 
regulations in Title 10 of the Code of Federal Regulations (10 CFR) 
Part 2, ``Rules of Practice for Domestic Licensing Proceedings and 
Issuance of Orders,'' 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 U.S. Nuclear Regulatory Commission (NRC, 
the Commission) or designated by the Atomic Safety and Licensing Board 
(Board). The hearing will consider the application dated February 18, 
2008, filed by Progress Energy Carolinas, Inc., pursuant to Subpart C 
of 10 CFR Part 52, for a combined license (COL). The application 
requests approval of a COL for Shearon Harris Units 2 and 3, to be 
located in Wake County, North Carolina. The application was accepted 
for docketing on April 17, 2008 (April 23, 2008; 73 FR 21995). The 
docket numbers established for this COL application are 52-022 and 52-
023. The Shearon Harris COL application incorporates by reference 
Appendix D to 10 CFR 52 (which includes the AP1000 design through 
Revision 15), as amended by the AP1000 Design Control Document (DCD) 
submitted by Westinghouse as Revision 16. AP1000 DCD Revision 16 is the 
subject of an ongoing rulemaking under the docket number 52-006. By 
letter to Westinghouse dated January 18, 2008, the staff has accepted 
DCD Revision 16 for docketing.
    The hearing on the COL application will be conducted by a Board 
that will be designated by the Chairman of the Atomic Safety and 
Licensing Board Panel or will be conducted by the Commission. Notice as 
to the membership of the Board will be published in the Federal 
Register at a later date. The NRC staff will complete a detailed 
technical review of the COL application and will document its findings 
in a safety evaluation report. The Commission will refer a copy of the 
COL application to the Advisory Committee on Reactor Safeguards (ACRS) 
in accordance with 10 CFR 52.87, ``Referral to the ACRS,'' and the ACRS 
will report on those portions of the application that concern safety.
    Any person whose interest may be affected by this proceeding and 
who desires to participate as a party to this proceeding must file a 
written petition for leave to intervene in accordance with 10 CFR 
2.309. Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    A petition for leave to intervene must be filed no later than 60 
days from the date of publication of this notice in the Federal 
Register. Non-timely filings will not be entertained absent a 
determination by the Commission or presiding officer designated to rule 
on the petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-
(viii).
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing. A petition for leave to intervene must be filed in accordance 
with the NRC E-Filing rule, which was promulgated by the NRC on August 
28, 2007 (72 FR 49139). The E-Filing process requires participants to 
submit and serve documents over the internet or in some cases to mail 
copies on electronic storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver 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 petitioner must contact the 
Office of the Secretary by e-mail at HearingDocket@nrc.gov, or by 
calling (301) 415-1677, to request (1) a digital ID certificate, which 
allows the participant (or its counsel or representative) to digitally 
sign documents and access the E-Submittal server for any proceeding in 
which it is participating; and/or (2) creation of an electronic docket 
for the proceeding (even in instances in which the petitioner (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each participant will need to download the Workplace 
Forms Viewer\TM\ to access the Electronic Information Exchange (EIE), a 
component of the E-Filing system. The Workplace Forms Viewer\TM\ is 
free and is available at https://www.nrc.gov/site-help/e-submittals/
install-viewer.html. Information about applying for a digital ID 
certificate is available on NRC's public Web site at https://
www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a participant has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
petition for leave to intervene. Submissions should be in Portable 
Document Format (PDF) in accordance with NRC guidance available on the 
NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the filer submits its 
documents through EIE. To be timely, an electronic filing must be 
submitted to the EIE system no later than 11:59 p.m. Eastern Standard 
Time on the due date. Upon receipt of a transmission, the E-Filing 
system time-stamps the document and sends the submitter an e-mail 
notice confirming receipt of the document. The EIE system also 
distributes an e-mail notice that provides access to the document to 
the NRC 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 documents on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before a petition to intervene is filed so that 
they can obtain access to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact

[[Page 31900]]

Us'' link located on the NRC Web site at https://www.nrc.gov/site-help/
e-submittals.html or by calling the NRC technical help line, which is 
available between 8:30 a.m. and 4:15 p.m., Eastern Standard Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing 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, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document 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.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m. Eastern Standard Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
(https://ehd.nrc.gov/EHD_Proceeding/home.asp), unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. 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.
    Any person who files a motion pursuant to 10 CFR 2.323 must consult 
with counsel for the applicant and counsel for the NRC staff who are 
listed below. Counsel for the applicant is John O'Neill, (202) 663-
8148, JohnOneill@PillsburyLaw.com. Counsel for the NRC staff in this 
proceeding is Sara E. Brock, (301) 415-8393, Sara.Brock@nrc.gov.
    A person who is not a party may be permitted to make a limited 
appearance by making an oral or written statement of his or her 
position on the issues at any session of the hearing or any pre-hearing 
conference within the limits and conditions fixed by the presiding 
officer, but may not otherwise participate in the proceeding.
    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room (PDR), located at One White Flint North, Public 
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and will be accessible electronically through the Agencywide 
Documents Access and Management System (ADAMS) Public Electronic 
Reading Room link at the NRC Web site https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing documents located in ADAMS should contact the NRC 
PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by 
e-mail to pdr.resource@nrc.gov. The application is available at https://
www.nrc.gov/reactors/new-licensing/col/harris.html. The ADAMS accession 
number for the COL application cover letter is ML080580078. The ADAMS 
accession number for the supplement [letter] to the application is 
ML080560118. To search for documents in ADAMS using the Shearon Harris 
COL application docket numbers 52-022 and 52-023, enter the terms 
``05200022'' and ``05200023'' in the ``Docket Number'' field when using 
either the Web-based search (advanced search) engine or the ADAMS find 
tool in Citrix. In the case of the information referenced in the 
supplemental letter, the actual data can be obtained by contacting the 
NRC PDR.
    The AP1000 DCD through Revision 15, which is incorporated by 
reference into Appendix D of Part 52, can be found by going to https://
www.nrc.gov/reactors/new-licensing/design-cert/ap1000.html. The AP1000 
DCD Revision 16 can be found using ADAMS accession number ML071580939 
or by going to https://www.nrc.gov/reactors/new-licensing/col/
harris.html. To search for documents in ADAMS using the AP1000 DCD 
Revision 16 docket number 52-006, enter the term ``05200006'' in the 
ADAMS ``Docket Number'' field.

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

    1. 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)).
    2. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party as 
defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary 
for a response to the notice may request access to SUNSI or SGI. A 
``potential party'' is any person who intends or may intend to 
participate as a party by demonstrating standing and the filing of an 
admissible contention under 10 CFR 2.309. Requests submitted later than 
10 days will not be considered absent a showing of good cause for the 
late filing, addressing why the request could not have been filed 
earlier.
    3. The requester shall submit a letter requesting permission to 
access SUNSI and/or SGI 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, 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 e-mail address for the Office of the Secretary and the Office of 
the General Counsel are HearingDocket@nrc.gov and OGCmail@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.
---------------------------------------------------------------------------

    a. A description of the licensing action with a citation to this 
Federal Register notice of hearing and opportunity to petition for 
leave to intervene;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest

[[Page 31901]]

that could be harmed by the action identified in (a);
    c. If the request is for SUNSI, the identity of the individual 
requesting access to SUNSI and the requester's need for the information 
in order to meaningfully participate in this adjudicatory proceeding, 
particularly why publicly available versions of the application would 
not be sufficient to provide the basis and specificity for a proffered 
contention;
    d. If the request is for SGI, the identity of the individual 
requesting access to SGI and the identity of any expert, consultant or 
assistant who will aid the requester in evaluating the SGI, and 
information that shows:
    (i) Why the information is indispensable to meaningful 
participation in this licensing proceeding; and
    (ii) The technical competence (demonstrable knowledge, skill, 
experience, training or education) of the requester to understand and 
use (or evaluate) the requested information 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 demonstrates technical competence 
as well as trustworthiness and reliability, and who agrees to sign a 
non-disclosure affidavit and be bound by the terms of a protective 
order; and
    e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-248 (fingerprint card), and a credit 
check release form completed by the individual who seeks access to SGI 
and each individual who will aid the requester in evaluating the SGI. 
For security reasons, Form SF-85 can only be submitted electronically, 
through a restricted-access database. To obtain online access to the 
form, the requester should contact the NRC's Office of Administration 
at 301-415-0320.\2\ The other completed forms must be signed in 
original ink, accompanied by a check or money order payable in the 
amount of $191.00 to the U.S. Nuclear Regulatory Commission for each 
individual, and mailed to the U.S. Nuclear Regulatory Commission, 
Office of Administration, Security Processing Unit, Mail Stop T-6E46, 
Washington, DC 20555-0012.
---------------------------------------------------------------------------

    \2\ The requester will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and e-mail address. After providing this information, the requester 
usually should be able to obtain access to the online form within 
one business day.
---------------------------------------------------------------------------

    These forms will be used to initiate the background check, which 
includes fingerprinting as part of a criminal history records check. 
Note: copies of these forms do not need to 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 described above.
    4. To avoid delays in processing requests for access to SGI, all 
forms should be reviewed for completeness and accuracy (including 
legibility) before submitting them to the NRC. Incomplete packages will 
be returned to the sender and will not be processed.
    5. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.d, above, the NRC staff will determine within 10 
days of receipt of the written access 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) there is a 
legitimate need for access to SUNSI or need to know the SGI requested. 
For SGI, the need to know determination is made based on whether the 
information requested is necessary (i.e., indispensable) for the 
proposed recipient to proffer and litigate a specific contention in 
this NRC proceeding \3\ and whether the proposed recipient has the 
technical competence (demonstrable knowledge, skill, training, 
education, or experience) to evaluate and use the specific SGI 
requested in this proceeding.
---------------------------------------------------------------------------

    \3\ Broad SGI requests under these procedures are thus highly 
unlikely to meet the standard for need to know; furthermore, 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 requester's need to know than ordinarily would be applied in 
connection with an already-admitted contention.
---------------------------------------------------------------------------

    6. If standing and need to know SGI are shown, the NRC staff will 
further determine based upon completion of the background check whether 
the proposed recipient is trustworthy and reliable. The NRC staff will 
conduct (as necessary) an inspection to confirm that the recipient's 
information protection systems are sufficient to protect SGI from 
inadvertent release or disclosure. Recipients may opt to view SGI at 
the NRC's facility rather than establish their own SGI protection 
program to meet SGI protection requirements.
    7. A request for access to SUNSI or SGI will be granted if:
    a. The request has demonstrated that there is a reasonable basis to 
believe that a potential party is likely to establish standing to 
intervene or to otherwise participate as a party in this proceeding;
    b. The proposed recipient of the information has demonstrated a 
need for SUNSI or a need to know for SGI, and that the proposed 
recipient of SGI is trustworthy and reliable;
    c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms 
of a Protective Order setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\4\ Any protective order issued 
shall provide that the petitioner must file SUNSI or SGI contentions 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.
---------------------------------------------------------------------------

    \4\ If a presiding officer has not yet been designated, the 
Chief Administrative Judge will issue such orders, or will appoint a 
presiding officer to do so.
---------------------------------------------------------------------------

    8. If the request for access to SUNSI or SGI is granted, the terms 
and conditions for access to sensitive unclassified information will be 
set forth in a draft protective order and affidavit of non-disclosure 
appended to a joint motion by the NRC staff, any other affected parties 
to this proceeding,\5\ and the petitioner(s). If the diligent efforts 
by the relevant parties or petitioner(s) fail to result in an agreement 
on the terms and conditions for a draft protective order or non-
disclosure affidavit, the relevant parties to the proceeding or the 
petitioner(s) should notify the presiding officer within 5 days, 
describing the obstacles to the agreement.
---------------------------------------------------------------------------

    \5\ Parties/persons other than the requester and the NRC staff 
will be notified by the NRC staff of a favorable access 
determination (and may participate in the development of such a 
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by 
the release of the information (e.g., as with proprietary 
information).
---------------------------------------------------------------------------

    9. If the request for access to SUNSI is denied by the NRC staff or 
a request for access to SGI is denied by NRC staff either after a 
determination on standing and need to know or, later, after a 
determination on trustworthiness and reliability, the NRC staff shall 
briefly state the reasons for the denial. Before the Office of 
Administration makes an adverse determination regarding access, the 
proposed recipient must be provided an opportunity to correct or 
explain information. The requester may challenge the NRC staff's 
adverse determination with respect to access to

[[Page 31902]]

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. In the same manner, an SGI requester may 
challenge an adverse determination on trustworthiness and reliability 
by filing a challenge within 15 days of receipt of that determination.
    In the same manner, a party other than the requester 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 such a request.
    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.\6\
---------------------------------------------------------------------------

    \6\ As of October 15, 2007, the NRC's final ``E-Filing Rule'' 
became effective. See Use of Electronic Submissions in Agency 
Hearings (72 FR 49139; August 28, 2007). Requesters should note that 
the filing requirements of that rule 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 
requests submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    10. The Commission expects that the NRC staff and presiding 
officers (and any other reviewing officers) will consider and resolve 
requests for access to SUNSI and/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. Attachment 1 to this Order summarizes the general 
target schedule for processing and resolving requests under these 
procedures.

    Dated at Rockville, Maryland, this 29th day of May 2008.

    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 petitioner/requestor
                                  reply).
20.............................  Nuclear Regulatory Commission (NRC)
                                  staff informs the requester 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,'' ``need
                                  to know,'' or likelihood of standing,
                                  the deadline for petitioner/requester
                                  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 an adverse
                                  determination regarding access, 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
                                  determination either before the
                                  presiding officer or another
                                  designated officer.
A..............................  If access granted: Issuance of
                                  presiding officer or other designated
                                  officer decision on motion for
                                  protective order for access to
                                  sensitive information (including
                                  schedule for providing access and
                                  submission of contentions) or decision
                                  reversing a final adverse
                                  determination by the NRC staff.
A + 3..........................  Deadline for filing executed Non-
                                  Disclosure Affidavits. Access provided
                                  to SUNSI and/or SGI consistent with
                                  decision issuing the protective order.
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 hearing
                                  or opportunity for hearing), 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.

[[Page 31903]]

 
B..............................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. E8-12428 Filed 6-3-08; 8:45 am]
BILLING CODE 7590-01-P
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