Notice of License Application Request of Uranerz Energy Corporation Nichols Ranch In Situ Uranium Recovery Project, Casper, Wyoming, Opportunity To Request a Hearing and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation, 34052-34056 [E8-13471]

Download as PDF 34052 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices Accordingly, the NRC finds that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the administrative nature of the proposed action, its environmental impacts are small or nonexistent. Therefore, the only alternative NRC considered is the ‘‘no-action’’ alternative, namely, not issuing any grant awards. The no-action alternative runs counter to the congressional intent expressed in section 31.b.(2) of the AEA, which authorizes the NRC to provide grants to support courses, studies, training, curricula, and disciplines pertaining to nuclear safety, security, or environmental protection, and in section 243 of the AEA, which authorizes the NRC to issue scholarships and fellowships to higher education institutions for the purpose of enabling students to pursue education in science, engineering, or another field of study that the NRC determines is in a critical skill area related to its regulatory mission. The ‘‘no-action’’ alternative would result in no change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are similar. Agencies and Persons Consulted The NRC has determined that the proposed action is administrative in nature and will not affect listed species or critical habitat. Therefore, no consultation is required under Section 7 of the Endangered Species Act. The NRC has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no consultation is required under Section 106 of the National Historic Preservation Act. rwilkins on PROD1PC63 with NOTICES III. Final Finding of No Significant Impact On the basis of this environmental assessment, the NRC concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed action. IV. Further Information For further information regarding the NRC Education Grants program, please visit the NRC Web site at https:// www.nrc.gov/about-nrc/grants.html. The public may access this document by VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 using ADAMS on the NRC public Web site by using the following accession number ML081570477. site-specific environmental review consistent with the provisions of 10 CFR Part 51. Dated at Rockville, Maryland, this 6th day of June, 2008. For the Nuclear Regulatory Commission. James F. McDermott, Director, Office of Human Resources. [FR Doc. E8–13461 Filed 6–13–08; 8:45 am] II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an application for a source materials license regarding Uranerz’s proposal to construct and operate the Nichols Ranch Uranium Project ISL uranium extraction facility in Campbell and Johnson Counties, Wyoming. Any person whose interest may be affected by this proceeding, and who desires to participate as a party, must file a request for a hearing and a specification of the contentions which the person seeks to have litigated in the hearing, in accordance with the NRC EFiling rule, which the NRC promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing rule 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 ten (10) days prior to the filing deadline, the petitioner/requester 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/requester (or its counsel or representative) already holds an NRCissued digital ID certificate). Each petitioner/requester 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/sitehelp/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/applycertificates.html. Once a petitioner/requester has obtained a digital ID certificate, has a docket created, and downloaded the EIE viewer, the petitioner/requester can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 040–09067] Notice of License Application Request of Uranerz Energy Corporation Nichols Ranch In Situ Uranium Recovery Project, Casper, Wyoming, Opportunity To Request a Hearing and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation Nuclear Regulatory Commission. ACTION: Notice of license application, and opportunity to request a hearing. AGENCY: A request for a hearing must be filed by August 15, 2008. FOR FURTHER INFORMATION CONTACT: Ron C. Linton, Project Manager, Uranium Recovery Licensing Branch, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC, 20555. Telephone: (301) 415–7777; fax number: (301) 415–5369; e-mail: ron.linton@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: I. Introduction By letter dated November 30, 2007, Uranerz Energy Corporation (Uranerz) submitted a Source Materials License Application to the Nuclear Regulatory Commission (NRC) for the Nichols Ranch Uranium Project in Campbell and Johnson Counties, Wyoming. The Nichols Ranch Uranium Project would involve the recovery of uranium by in situ leach (ISL) extraction techniques. An NRC administrative review, documented in a letter to Uranerz dated April 14, 2008, found the application acceptable to begin a technical and environmental review. Before approving the license application, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended, and NRC’s regulations. These findings will be documented in a Safety Evaluation Report (SER) and a PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\16JNN1.SGM 16JNN1 rwilkins on PROD1PC63 with NOTICES Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices 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 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 hearing request/ 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 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 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 VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 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 Time on the due date. Documents submitted in adjudicatory proceedings will appear in 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 social security 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 submissions. The formal requirements for documents contained in 10 CFR 2.304(c)–(e) must be met. If the NRC grants an electronic document exemption in accordance with 10 CFR 2.302(g)(3), then the requirements for paper documents, set forth in 10 CFR 2.304(b) must be met. In accordance with 10 CFR 2.309(b), a request for a hearing must be filed by August 15, 2008. In addition to meeting other applicable requirements of 10 CFR 2.309, a request for a hearing filed by a person other than an applicant must state: 1. The name, address, and telephone number of the requester; 2. The nature of the requester’s right under the Act to be made a party to the proceeding; 3. The nature and extent of the requester’s property, financial, or other interest in the proceeding; 4. The possible effect of any decision or order that may be issued in the proceeding on the requester’s interest; and 5. The circumstances establishing that the request for a hearing is timely in accordance with 10 CFR 2.309(b). In accordance with 10 CFR 2.309(f)(1), a request for hearing or petitions for leave to intervene must set forth with particularity the contentions sought to be raised. For each contention, the request or petition must: 1. Provide a specific statement of the issue of law or fact to be raised or controverted; 2. Provide a brief explanation of the basis for the contention; PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 34053 3. Demonstrate that the issue raised in the contention is within the scope of the proceeding; 4. Demonstrate that the issue raised in the contention is material to the findings that the NRC must make to support the action that is involved in the proceeding; 5. Provide a concise statement of the alleged facts or expert opinions which support the requester’s/petitioner’s position on the issue and on which the requester/petitioner intends to rely to support its position on the issue; and 6. Provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant’s environmental report and technical report) that the requester/petitioner disputes and the supporting reasons for each dispute, or, if the requester/ petitioner believes the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the requester’s/ petitioner’s belief. In addition, in accordance with 10 CFR 2.309(f)(2), contentions must be based on documents or other information available at the time the petition is to be filed, such as the application, supporting technical (i.e., safety analysis) report, environmental report or other supporting document filed by an applicant or licensee, or otherwise available to the petitioner. On issues arising under the National Environmental Policy Act, the requester/petitioner shall file contentions based on the applicant’s environmental report. The requester/ petitioner may amend those contentions or file new contentions if there are data or conclusions in the NRC draft, or final environmental impact statement, environmental assessment, or any supplements relating thereto, that differ significantly from the data or conclusions in the applicant’s documents. Otherwise, contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. Technical—primarily concerns issues relating to matters discussed or referenced in the Technical Report for the proposed action. 2. Environmental—primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the proposed action. E:\FR\FM\16JNN1.SGM 16JNN1 34054 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices rwilkins on PROD1PC63 with NOTICES 3. Miscellaneous—does not fall into one of the categories outlined above. If the requester/petitioner believes a contention raises issues that cannot be classified as primarily falling into one of these categories, the requester/petitioner must set forth the contention and supporting bases, in full, separately for each category into which the requester/ petitioner asserts the contention belongs with a separate designation for that category. Requesters/petitioners should, when possible, consult with each other in preparing contentions and combine similar subject matter concerns into a joint contention, for which one of the co-sponsoring requesters/petitioners is designated the lead representative. Further, in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that wishes to adopt a contention proposed by another requester/petitioner must do so, in accordance with the E-Filing rule, within ten (10) days of the date the contention is filed, and designate a representative who shall have the authority to act for the requester/ petitioner. In accordance with 10 CFR 2.309(g), a request for hearing and/or petition for leave to intervene may also address the selection of the hearing procedures, taking into account the provisions of 10 CFR 2.310. III. Further Information Documents related to this action, including the November 30, 2007 license application and its supporting documentation (i.e., Technical Report and Environmental Report), are available electronically at the NRC’s Electronic Reading Room at https:// www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. The ADAMS accession number for the documents related to this Notice is ML080080594, Uranerz Energy Corporation, Submittal of Source Material License Application to Construct and Operate the Nichols Ranch ISR Project Located in Campbell and Johnson Counties, Wyoming. The ADAMS accession number for the NRC staff’s administrative review letter, dated April 14, 2008, is ML080730090. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One VerDate Aug<31>2005 18:44 Jun 13, 2008 Jkt 214001 White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information (SUNSI) for Contention Preparation 1. This order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information. A suggested schedule is provided as Attachment 1 to this order. 2. Within ten (10) days after publication of this notice of opportunity for hearing any potential party as defined in 10 CFR 2.4 who believes access to SUNSI is necessary for a response to the notice may request access to such information. 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 ten (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 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 addresses for both offices is U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The e-mail addresses 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 opportunity for hearing; b. The name and address of the potential party and a description of the potential party’s particularized interest that could be harmed, if the licensing action is taken; 1 See footnote 4. 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 under these procedures should be submitted as described in this paragraph. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 c. 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; 4. Based on an evaluation of the information submitted under items 2 and 3.a through 3.c, above, the NRC staff will determine within ten (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. 5. A request for access to SUNSI 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; 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 d. The presiding officer has issued a protective order concerning the information or documents requested.2 Any protective order issued shall provide that the petitioner must file SUNSI 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 contentions by that later deadline. 6. If the request for access to SUNSI is granted, the terms and conditions for access to such 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,3 and the petitioner(s). If the 2 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. 3 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 E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices 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 five (5) days, describing the obstacles to the agreement. 7. If the request for access to SUNSI is denied by the NRC staff after a determination on standing, 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 SUNSI or with respect to standing, by filing a challenge within five (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 § 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. 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 five (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 34055 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 2.311.4 8. 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 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. Dated at Rockville, Maryland, this 10th day of June 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 (SUNSI) IN Day Event 0 ........................................... Publication of [Federal Register notice/other notice of proposed action and opportunity for hearing], including order with instructions for access requests. Deadline for submitting requests for access to SUNSI 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. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 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 need 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 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 and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit. 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 consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. 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 contentions by that later deadline. 10 ......................................... [20, 30 or 60] ........................ 20 ......................................... 25 ......................................... 30 ......................................... 40 ......................................... 190 ....................................... 205 ....................................... A ........................................... A+3 ....................................... rwilkins on PROD1PC63 with NOTICES A+28 ..................................... harmed by the release of the information (e.g., as with proprietary information). 4 As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic VerDate Aug<31>2005 18:44 Jun 13, 2008 Jkt 214001 Submissions in Agency Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that the filing requirements of that rule apply to appeals of NRC staff determinations (because they must be PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI requests submitted to the NRC staff under these procedures. E:\FR\FM\16JNN1.SGM 16JNN1 34056 Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices ATTACHMENT 1.—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) IN—Continued Day A+53 (Contention receipt +25). A+60 (Answer receipt +7) .... B ........................................... Event Answers to contentions whose development depends upon access to SUNSI. Petitioner/Intervenor reply to answers. Decision on contention admission. [FR Doc. E8–13471 Filed 6–13–08; 8:45 am] BILLING CODE 7590–01–P OFFICE OF MANAGEMENT AND BUDGET OMB Circular A–133 Information Collection under OMB Review Office of Management and Budget. ACTION: Notice of Submission for OMB Review, Comment Request. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1980, as amended (44 U.S.C. 3501 et seq.), this notice announces that an information collection request was submitted to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) for processing under 5 CFR 1320.10. The first notice of this information collection request, as required by the Paperwork Reduction Act, was published in the Federal Register on December 5, 2007 [72 FR 68608]. The information collection request involves two proposed information collections from two types of entities: (1) Reports from auditors to auditees concerning audit results, audit findings, and questioned costs; and (2) reports from auditees to the Federal Government providing information about the auditees, the awards they administer, and the audit results. These collection efforts are required by the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et seq.) and OMB Circular A–133, ‘‘Audits of States, Local Governments, and Non-Profit Organizations.’’ Circular A–133’s information collection requirements apply to approximately 36,000 States, local governments, and non-profit organizations on an annual basis. DATES: Submit comments on or before July 16, 2008. Late comments will be considered to the extent practicable. ADDRESSES: Due to potential delays in OMB’s receipt and processing of mail sent through the U.S. Postal Service, we encourage respondents to submit comments electronically to ensure timely receipt. We cannot guarantee that VerDate Aug<31>2005 17:04 Jun 13, 2008 Jkt 214001 comments mailed will be received before the comment closing date. Electronic mail comments may be submitted via the Internet to ahunt@omb.eop.gov. Please include ‘‘Form SF–SAC Comments’’ in the subject line and the full body of your comments in the text of the electronic message and not as an attachment. Please include your name, title, organization, postal address, telephone number and E-mail address in the text of the message. You may also submit comments via Facsimile to (202–395– 7285). Comments may be mailed to Alexander Hunt, Office of Information and Regulatory Affairs, OMB, 725 17th Street, NW., Room 10236, Washington, DC 20503. Comments may also be sent to via https://www.regulations.gov—a Federal E-Government Web site that allows the public to find, review, and submit comments on documents that agencies have published in the Federal Register and that are open for comment. Simply type ‘‘Form SF–SAC Comments’’ (in quotes) in the Comment or Submission search box, click Go, and follow the instructions for submitting comments. Comments received by the date specified above will be included as part of the official record. FOR FURTHER INFORMATION CONTACT: For further information, contact Gilbert Tran, Office of Federal Financial Management, Office of Management and Budget, 202–395–3052 and via e-mail: Hai_M._Tran@omb.eop.gov. The data collection form, SF–SAC, and its instructions can be obtained by contacting the Office of Federal Financial Management, as indicated above or by download from the OMB Grants Management home page on the Internet at https://www.whitehouse.gov/ omb/grants/grants_forms.html. SUPPLEMENTARY INFORMATION: A. Background OMB Control No.: 0348–0057. Title: Data Collection Form. Form No: SF–SAC. Type of Review: Reinstatement with change. Respondents: States, local governments, non-profit organizations PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 (Non-Federal entities) and their auditors. Estimated Number of Respondents: 72,000 (36, 000 from auditors and 36,000 from auditees). The respondents’ information is collected by the Federal Audit Clearinghouse (Maintained by the U.S. Bureau of Census). Estimated Time per Respondent: 59 hours for each of 400 large respondents and 17 hours for each of 71,600 small respondents for estimated annual burden hours of 1,240,800. Estimated Number of Responses per Respondent: 1. Frequency of Response: Annually. Needs and Uses: Reports from auditors to auditees and reports from auditees to the Federal government are used by non-Federal entities, passthrough entities, and Federal agencies to ensure that Federal awards are expended in accordance with applicable laws and regulations. The Federal Audit Clearinghouse (FAC) (maintained by the U.S. Census Bureau) uses the information on the SF–SAC to ensure proper distribution of audit reports to Federal agencies and to identify nonFederal entities who have not filed the required reports. The FAC also uses the information on the SF–SAC to create a government-wide database which contains information on audit results. This database is publicly accessible on the Internet at https:// harvester.census.gov/fac/. It is used by Federal agencies, pass-through entities, non-Federal entities, auditors, the General Accounting Office, OMB, and the general public for management and information about Federal awards and the results of audits. B. Public Comments and Responses Pursuant to the December 5, 2007, Federal Register notice, OMB received 44 comments from 7 commenters relating to the proposed revision to the information collection. Letters came from State governments (including State auditors), the American Institute of Certified Public Accountants, certified public accountants (CPAs), and Federal agencies. The comments received relating to the information collection and OMB’s responses are summarized below. E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 34052-34056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13471]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-09067]


Notice of License Application Request of Uranerz Energy 
Corporation Nichols Ranch In Situ Uranium Recovery Project, Casper, 
Wyoming, Opportunity To Request a Hearing and Order Imposing Procedures 
for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) 
for Contention Preparation

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license application, and opportunity to request a 
hearing.

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DATES: A request for a hearing must be filed by August 15, 2008.

FOR FURTHER INFORMATION CONTACT: Ron C. Linton, Project Manager, 
Uranium Recovery Licensing Branch, Division of Waste Management and 
Environmental Protection, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC, 20555. Telephone: (301) 415-7777; fax number: (301) 
415-5369; e-mail: ron.linton@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated November 30, 2007, Uranerz Energy Corporation 
(Uranerz) submitted a Source Materials License Application to the 
Nuclear Regulatory Commission (NRC) for the Nichols Ranch Uranium 
Project in Campbell and Johnson Counties, Wyoming. The Nichols Ranch 
Uranium Project would involve the recovery of uranium by in situ leach 
(ISL) extraction techniques. An NRC administrative review, documented 
in a letter to Uranerz dated April 14, 2008, found the application 
acceptable to begin a technical and environmental review. Before 
approving the license application, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended, and 
NRC's regulations.
    These findings will be documented in a Safety Evaluation Report 
(SER) and a site-specific environmental review consistent with the 
provisions of 10 CFR Part 51.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a source materials license regarding Uranerz's proposal 
to construct and operate the Nichols Ranch Uranium Project ISL uranium 
extraction facility in Campbell and Johnson Counties, Wyoming. Any 
person whose interest may be affected by this proceeding, and who 
desires to participate as a party, must file a request for a hearing 
and a specification of the contentions which the person seeks to have 
litigated in the hearing, in accordance with the NRC E-Filing rule, 
which the NRC promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). 
The E-Filing rule 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 
ten (10) days prior to the filing deadline, the petitioner/requester 
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/requester (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requester 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 petitioner/requester has obtained a digital ID certificate, 
has a docket created, and downloaded the EIE viewer, the petitioner/
requester can then submit a request for hearing or petition for leave 
to intervene. Submissions should be in Portable Document Format (PDF) 
in accordance with NRC guidance available on the

[[Page 34053]]

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 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 hearing request/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 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 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 Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
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 social 
security 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 submissions.
    The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3), then the requirements for paper 
documents, set forth in 10 CFR 2.304(b) must be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by August 15, 2008.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, a request for a hearing filed by a person other than an 
applicant must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requester's property, financial, or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requester's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requester's/petitioner's position on the 
issue and on which the requester/petitioner intends to rely to support 
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include references to specific portions of the 
application (including the applicant's environmental report and 
technical report) that the requester/petitioner disputes and the 
supporting reasons for each dispute, or, if the requester/petitioner 
believes the application fails to contain information on a relevant 
matter as required by law, the identification of each failure and the 
supporting reasons for the requester's/petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the petition is to be filed, such as the application, supporting 
technical (i.e., safety analysis) report, environmental report or other 
supporting document filed by an applicant or licensee, or otherwise 
available to the petitioner. On issues arising under the National 
Environmental Policy Act, the requester/petitioner shall file 
contentions based on the applicant's environmental report. The 
requester/petitioner may amend those contentions or file new 
contentions if there are data or conclusions in the NRC draft, or final 
environmental impact statement, environmental assessment, or any 
supplements relating thereto, that differ significantly from the data 
or conclusions in the applicant's documents. Otherwise, contentions may 
be amended or new contentions filed after the initial filing only with 
leave of the presiding officer.
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters 
discussed or referenced in the Technical Report for the proposed 
action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the proposed 
action.

[[Page 34054]]

    3. Miscellaneous--does not fall into one of the categories outlined 
above.
    If the requester/petitioner believes a contention raises issues 
that cannot be classified as primarily falling into one of these 
categories, the requester/petitioner must set forth the contention and 
supporting bases, in full, separately for each category into which the 
requester/petitioner asserts the contention belongs with a separate 
designation for that category.
    Requesters/petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requesters/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that 
wishes to adopt a contention proposed by another requester/petitioner 
must do so, in accordance with the E-Filing rule, within ten (10) days 
of the date the contention is filed, and designate a representative who 
shall have the authority to act for the requester/petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing and/or 
petition for leave to intervene may also address the selection of the 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    Documents related to this action, including the November 30, 2007 
license application and its supporting documentation (i.e., Technical 
Report and Environmental Report), are available electronically at the 
NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession number for 
the documents related to this Notice is ML080080594, Uranerz Energy 
Corporation, Submittal of Source Material License Application to 
Construct and Operate the Nichols Ranch ISR Project Located in Campbell 
and Johnson Counties, Wyoming. The ADAMS accession number for the NRC 
staff's administrative review letter, dated April 14, 2008, is 
ML080730090. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR, O 1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The PDR reproduction contractor will copy documents for a fee.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information. A suggested schedule is provided as 
Attachment 1 to this order.
    2. Within ten (10) days after publication of this notice of 
opportunity for hearing any potential party as defined in 10 CFR 2.4 
who believes access to SUNSI is necessary for a response to the notice 
may request access to such information. 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 ten (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 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 addresses for both offices is U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, MD 20852. The e-mail 
addresses 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\ See footnote 4. 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 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 opportunity for hearing;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest that could be harmed, if 
the licensing action is taken;
    c. 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;
    4. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.c, above, the NRC staff will determine within ten 
(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.
    5. A request for access to SUNSI 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;
    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
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\2\ Any protective order issued 
shall provide that the petitioner must file SUNSI 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 contentions by that later deadline.
---------------------------------------------------------------------------

    \2\ 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.
---------------------------------------------------------------------------

    6. If the request for access to SUNSI is granted, the terms and 
conditions for access to such 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,\3\ and the petitioner(s). If the

[[Page 34055]]

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 five (5) days, describing the obstacles to the agreement.
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    7. If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing, 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 SUNSI or with respect to standing, by filing a 
challenge within five (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 Sec.  2.318(a); 
or (c) if another officer has been designated to rule on information 
access issues, with that officer.
    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 five (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.\4\
---------------------------------------------------------------------------

    \4\ 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; Aug. 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 
requests submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    8. 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 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.

    Dated at Rockville, Maryland, this 10th day of June 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
                               (SUNSI) IN
------------------------------------------------------------------------
             Day                                 Event
------------------------------------------------------------------------
0............................  Publication of [Federal Register notice/
                                other notice of proposed action and
                                opportunity for hearing], including
                                order with instructions for access
                                requests.
10...........................  Deadline for submitting requests for
                                access to SUNSI 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.
[20, 30 or 60]...............  Deadline for submitting petition for
                                intervention containing: (i)
                                Demonstration of standing; (ii) all
                                contentions whose formulation does not
                                require access to SUNSI (+25 Answers to
                                petition for intervention; +7 petitioner/
                                requestor reply).
20...........................  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 need 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.)
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 and trustworthiness and
                                reliability, deadline for NRC staff to
                                file motion for Protective Order and
                                draft Non-disclosure Affidavit. 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 consistent with decision
                                issuing the protective order.
A+28.........................  Deadline for submission of contentions
                                whose development depends upon access to
                                SUNSI. 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 contentions by that later
                                deadline.

[[Page 34056]]

 
A+53 (Contention receipt +25)  Answers to contentions whose development
                                depends upon access to SUNSI.
A+60 (Answer receipt +7).....  Petitioner/Intervenor reply to answers.
B............................  Decision on contention admission.
------------------------------------------------------------------------

 [FR Doc. E8-13471 Filed 6-13-08; 8:45 am]
BILLING CODE 7590-01-P
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