Southern Nuclear Operating Company, et al.; 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 Vogtle Electric Generating Plant Units 3 and 4, 53446-53451 [E8-21565]
Download as PDF
53446
Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices
—Astrophysics Division Update.
—Joint Dark Energy Mission Update.
—Astrophysics Goals Overview.
—Astrophysics on the Moon Discussion.
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. Attendees will be
requested to sign a register. For further
information, contact Marian Norris via
e-mail at mnorris@nasa.gov or by
telephone at (202) 358–4452.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E8–21606 Filed 9–15–08; 8:45 am]
BILLING CODE 7510–13–P
NUCLEAR REGULATORY
COMMISSION
Draft Regulatory Guide: Issuance,
Availability
Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Draft Regulatory Guide,
DG–3035.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Breeda Reilly, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: (301) 492–3110 or email to Breeda.Reilly@nrc.gov.
SUPPLEMENTARY INFORMATION:
ebenthall on PROD1PC60 with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment a draft regulatory guide in the
agency’s ‘‘Regulatory Guide’’ series.
This series was developed to describe
and make available to the public such
information as methods that are
acceptable to the NRC staff for
implementing specific parts of the
NRC’s regulations, techniques that the
staff uses in evaluating specific
problems or postulated accidents, and
data that the staff needs in its review of
applications for permits and licenses.
The draft regulatory guide (DG),
entitled, ‘‘General Fire Protection Guide
for Plutonium Processing and Fuel
Fabrication Plants,’’ is temporarily
identified by its task number, DG–3035,
which should be mentioned in all
related correspondence. DG–3035 is the
proposed Revision 1 of Regulatory
Guide 3.16, dated January 1974.
DG–3035 identifies NUREG–1718,
‘‘Standard Review Plan for the Review
of an Application for a Mixed Oxide
(MOX) Fuel Fabrication Facility,’’
issued August 2000 (SRP), as the
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method that the staff of the NRC
considers acceptable for use in
complying with Title 10, Section
70.23(a)(3) and (a)(4), of the Code of
Federal Regulations (10 CFR 70.23(a)(3)
and (a)(4)) with respect to fire
protection, and with 10 CFR 70.61,
‘‘Performance Requirements,’’ with
respect to potential radiological
consequences from fires, for a mixed
oxide (MOX) facility.
The NRC regulations in 10 CFR Part
70, ‘‘Domestic Licensing of Special
Nuclear Material,’’ establish procedures
and criteria for the licensing of special
nuclear material (SNM). In 10 CFR Part
70, Subpart D, ‘‘License Applications,’’
the regulations specify the contents of
license applications and the
requirements for approving
applications. As stipulated in 10 CFR
70.23(a) and (b), the requirements for
approval include that the applicant’s
proposed equipment, facilities, and
procedures be adequate to protect health
and minimize danger to life or property.
II. Further Information
The NRC staff is soliciting comments
on DG–3035. Comments may be
accompanied by relevant information or
supporting data, and should mention
DG–3035 in the subject line. Comments
submitted in writing or in electronic
form will be made available to the
public in their entirety through the
NRC’s Agencywide Documents Access
and Management System (ADAMS).
Personal information will not be
removed from the comments. Comments
may be submitted by any of the
following methods:
1. Mail to: Rulemaking, Directives,
and Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
2. E-mail to: NRCREP@nrc.gov.
3. Hand-deliver to: Rulemaking,
Directives, and Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike,
Rockville, Maryland 20852, between
7:30 a.m. and 4:15 p.m. on Federal
workdays.
4. Fax to: Rulemaking, Directives, and
Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission at (301) 415–5144.
Requests for technical information
about DG–3035 may be directed to
Breeda Reilly at (301) 492–3110 or email to Breeda.Reilly@nrc.gov.
Comments would be most helpful if
received by November 13, 2008.
Comments received after that date will
be considered if it is practical to do so,
but the NRC is able to ensure
consideration only for comments
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received on or before this date.
Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
Electronic copies of DG–3035 are
available through the NRC’s public Web
site under Draft Regulatory Guides in
the ‘‘Regulatory Guides’’ collection of
the NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also
available in ADAMS (https://
www.nrc.gov/reading-rm/adams.html),
under Accession No. ML081910233.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR), which is
located at 11555 Rockville Pike,
Rockville, Maryland. The PDR’s mailing
address is USNRC PDR, Washington, DC
20555–0001. The PDR can also be
reached by telephone at (301) 415–4737
or (800) 397–4205, by fax at (301) 415–
3548, and by e-mail to PDR@nrc.gov.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 9th day
of September 2008.
For the Nuclear Regulatory Commission.
Stephen C. O’Connor,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. E8–21566 Filed 9–15–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–025 and 52–026]
Southern Nuclear Operating Company,
et al.; 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 Vogtle
Electric Generating Plant Units 3 and 4
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
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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices
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 combined license
(COL) application dated March 28,
2008, filed pursuant to Subpart C of 10
CFR Part 52 by Southern Nuclear
Operating Company (SNC), acting on
behalf of itself and Georgia Power
Company, Oglethorpe Power
Corporation (an Electric Membership
Corporation), Municipal Electric
Authority of Georgia, and the City of
Dalton, Georgia, an incorporated
municipality in the State of Georgia
acting by and through its Board of
Water, Light and Sinking Fund
Commissioners (Dalton Utilities). The
application was accepted for docketing
on May 30, 2008. The docket numbers
established for this application are 52–
025 and 52–026.
The application requests approval of
a COL for Vogtle Electric Generating
Plant (Vogtle) Units 3 and 4, located in
Burke County, Georgia. The Vogtle COL
application incorporates by reference
the AP1000 design certified in
Appendix D to 10 CFR Part 52, and the
application to amend that certified
design. The AP1000 amendment
application is the subject of an ongoing
rulemaking under docket number 52–
006. The Vogtle COL application also
references an Early Site Permit
application that is the subject of an
ongoing adjudicatory proceeding under
docket number 52–011. The Final
Environment Impact Statement for the
ESP was published on August 22, 2008.
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
application and will document its
findings in a safety evaluation report.
The Commission will refer a copy of the
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 in 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
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13:43 Sep 15, 2008
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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)(i)–
(viii).
All documents filed in NRC
adjudicatory proceedings including
intervention petitions, request by
interested governmental entities to
participate under 10 CFR 2.315(c), and
any other pleadings, 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
petitioner (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
PO 00000
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Fmt 4703
Sfmt 4703
53447
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 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 good cause for not submitting
documents electronically must submit
an exemption request, 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
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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices
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
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 are M.
Stanford Blanton, sblanton@balch.com
(205–226–3417), or Moanica M. Caston,
mcaston@southernco.com (205–992–
5316), or Kathryn M. Sutton,
ksutton@morganlewis.com (202–739–
5738). Counsel for the NRC staff in this
proceeding are Ann Hodgdon,
Ann.Hodgdon@nrc.gov (301–415–1587)
and Michael Spencer,
Michael.Spencer@nrc.gov (301–415–
4073).
A person who is not a party may be
permitted to make a limited appearance
by making an oral or written statement
of his position on the issues, which
need not be submitted using the E-filing
process, 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
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13:43 Sep 15, 2008
Jkt 214001
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@nrc.gov.
The application is also available at
https://www.nrc.gov/reactors/newlicensing/col/vogtle.html. The ADAMS
accession number for the application
cover letter is ML081050133.
To search for documents in ADAMS
using the Vogtle Units 3 and 4 COL
application docket numbers, 52–025
and 52–026, enter the terms ‘‘05200025’’
and ‘‘05200026’’ in the ‘‘Docket
Number’’ field when using either the
Web-based search (advanced search)
engine or the ADAMS find tool in
Citrix. The Vogtle ESP can be found in
ADAMS using the accession number
ML070660266 or by going to https://
www.nrc.gov/reactors/new-licensing/
esp/vogtle.html. To search for
documents on the Vogtle ESP docket,
enter ‘‘05200011’’ in the ‘‘Docket
Number’’ field in the Web-based search
(advanced search) engine or the ADAMS
find tool.
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/vogtle.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. The Final
Environmental Impact Statement for the
Vogtle ESP can be found on the NRC
Web site at https://www.nrc.gov/reactors/
new-licensing/esp/vogtle.html, or under
ADAMS accession numbers
ML0822440145, ML0822440165 and
ML082260203.
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
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Fmt 4703
Sfmt 4703
‘‘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 after the publication
of the notice of hearing 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
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
1 See footnote #6. 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.
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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices
(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–258 (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
history records check.
ebenthall on PROD1PC60 with NOTICES
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
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.
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13:43 Sep 15, 2008
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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
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
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.
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.
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53449
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
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
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).
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53450
Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices
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 10th day
of September 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.
Decision on contention admission.
10 .......................
60 .......................
20 .......................
25 .......................
30 .......................
40 .......................
190 .....................
205 .....................
A ........................
A + 3 ..................
A + 28 ................
ebenthall on PROD1PC60 with NOTICES
A + 53 ................
A + 60 ................
B ........................
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
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13:43 Sep 15, 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
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Sfmt 4703
requests submitted to the NRC staff under these
procedures.
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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Notices
[FR Doc. E8–21565 Filed 9–15–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Notice of Issuance of Regulatory Guide
Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Regulatory Guide 10.8,
Revision 3.
AGENCY:
II. Further Information
FOR FURTHER INFORMATION CONTACT:
Mark Orr, Regulatory Guide
Development Branch, Division of
Engineering, Office of Nuclear
Regulatory Research, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6373 or e-mail to Mark.Orr@nrc.gov.
SUPPLEMENTARY INFORMATION:
ebenthall on PROD1PC60 with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a revision
to an existing guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
Revision 3 of Regulatory Guide 10.8,
‘‘Guide for the Preparation of
Applications for Medical Use
Programs,’’ was previously issued with
a temporary identification as Draft
Regulatory Guide, DG–0018 and an
opportunity for public comments. This
regulatory guide directs the reader to the
type of information acceptable to the
NRC staff for review of an application
for a medical use license. Title 10, Part
35, ‘‘Medical Use of Byproduct
Material,’’ of the Code of Federal
Regulations (10 CFR Part 35) regulates
the medical use of byproduct material.
In addition to the requirements of 10
CFR Part 35, medical use licensees may
be subject to those portions of 10 CFR
Part 20, ‘‘Standards for Protection
Against Radiation,’’ that relate to
radiation safety and the sections of 10
CFR Part 30, ‘‘Rules of General
Applicability to Domestic Licensing of
Byproduct Material,’’ that relate to
licensing and the noncommercial
transfer of specific radioactive drugs to
medical use licensees within a
consortium.
VerDate Aug<31>2005
13:43 Sep 15, 2008
Jkt 214001
This regulatory guide endorses the
methods and procedures for medical
licensing applications contained in the
current revision of NUREG–1556,
Volume 9, ‘‘Consolidated Guidance
about Material Licenses: ProgramSpecific Guidance about Medical Use
Licenses,’’ as a process that the NRC
staff finds acceptable for meeting the
regulatory requirements.
In April 2008, DG–0018 was
published with a public comment
period of 60 days from the issuance of
the guide. No comments were received
and the public comment period closed
on June 30, 2008. Electronic copies of
Regulatory Guide 10.8, Revision 3 are
available through the NRC’s public Web
site under ‘‘Regulatory Guides’’ at
https://www.nrc.gov/reading-rm/doccollections/.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR), which is
located at Room O–1F21, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852–2738. The
PDR’s mailing address is USNRC PDR,
Washington, DC 20555–0001. The PDR
can also be reached by telephone at
(301) 415–4737 or (800) 397–4209, by
fax at (301) 415–3548, and by e-mail to
pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
Dated at Rockville, Maryland, this 10th day
of September 2008.
For the Nuclear Regulatory Commission.
Stephen C. O’Connor,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. E8–21564 Filed 9–15–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Docket No. 50–243
Oregon State University Research
Reactor; Notice of Issuance of
Renewed Facility License No. R–106
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
has issued renewed Facility License No.
R–106, held by Oregon State University
(the licensee), which authorizes
continued operation of the Oregon State
University TRIGA reactor (OSTR),
located in Corvallis, Benton County,
Oregon. The OSTR is a pool-type, lightwater-moderated-and-cooled research
reactor licensed to operate at a steady-
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
53451
state thermal power level of 1.1
megawatts. Renewed Facility License
No. R–106 will expire at midnight 20
years from its date of issuance.
The renewed license complies with
the standards and requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations. The Commission has
made appropriate findings as required
by the Act and the Commission’s
regulations in Title 10, Chapter 1,
‘‘Nuclear Regulatory Commission,’’ of
the Code of Federal Regulations (CFR),
and sets forth those findings in the
renewed license. The agency afforded
an opportunity for hearing in the Notice
of Opportunity for Hearing published in
the Federal Register on June 14, 2007,
at 72 FR 32922. The NRC received no
request for a hearing or petition for
leave to intervene following this notice.
The NRC staff prepared a safety
evaluation report for the renewal of
Facility License No. R–106 and
concluded, based on that evaluation,
that the licensee can continue to operate
the facility without endangering the
health and safety of the public. The NRC
staff also prepared an environmental
assessment for license renewal, noticed
in the Federal Register on September 8,
2008, at 73 FR 52072, and concluded,
based on that assessment, that renewal
of the license will not have a significant
impact on the quality of the human
environment.
The NRC maintains the Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of the NRC’s public
documents. For details with respect to
the application for renewal, see the
licensee’s letter dated October 5, 2004
(ADAMS Accession Nos. ML043270077
and ML07430452), as supplemented by
letters dated August 8, 2005 (ADAMS
Accession No. ML052290051), May 24,
2006 (ADAMS Accession No.
ML061510355), November 10, 2006
(ADAMS Accession No. ML063210182),
November 21, 2006 (ADAMS Accession
No. ML063320500), July 10, 2007
(ADAMS Accession Nos. ML072150361
and ML072150362), July 27, 2007
(ADAMS Accession No. ML072150363),
July 31, 2007 (ADAMS Accession No.
ML072190043), August 6, 2007
(ADAMS Accession No. ML072340580),
April 14, 2008 (ADAMS Accession No.
ML081150194), August 6, 2008
(ML082261409), and August 11, 2008
(ML082270383). The dates and
associated ADAMS accession numbers
of NRC requests for additional
information are May 15, 2006 (ADAMS
Accession No. ML061310209), October
3, 2006 (ADAMS Accession No.
ML062060026), May 21, 2007 (ADAMS
E:\FR\FM\16SEN1.SGM
16SEN1
Agencies
[Federal Register Volume 73, Number 180 (Tuesday, September 16, 2008)]
[Notices]
[Pages 53446-53451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21565]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-025 and 52-026]
Southern Nuclear Operating Company, et al.; 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 Vogtle Electric Generating Plant Units 3 and 4
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
[[Page 53447]]
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 combined license
(COL) application dated March 28, 2008, filed pursuant to Subpart C of
10 CFR Part 52 by Southern Nuclear Operating Company (SNC), acting on
behalf of itself and Georgia Power Company, Oglethorpe Power
Corporation (an Electric Membership Corporation), Municipal Electric
Authority of Georgia, and the City of Dalton, Georgia, an incorporated
municipality in the State of Georgia acting by and through its Board of
Water, Light and Sinking Fund Commissioners (Dalton Utilities). The
application was accepted for docketing on May 30, 2008. The docket
numbers established for this application are 52-025 and 52-026.
The application requests approval of a COL for Vogtle Electric
Generating Plant (Vogtle) Units 3 and 4, located in Burke County,
Georgia. The Vogtle COL application incorporates by reference the
AP1000 design certified in Appendix D to 10 CFR Part 52, and the
application to amend that certified design. The AP1000 amendment
application is the subject of an ongoing rulemaking under docket number
52-006. The Vogtle COL application also references an Early Site Permit
application that is the subject of an ongoing adjudicatory proceeding
under docket number 52-011. The Final Environment Impact Statement for
the ESP was published on August 22, 2008.
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 application and will document its findings in a
safety evaluation report. The Commission will refer a copy of the
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 in 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)(i)-
(viii).
All documents filed in NRC adjudicatory proceedings including
intervention petitions, request by interested governmental entities to
participate under 10 CFR 2.315(c), and any other pleadings, 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 petitioner (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 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 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 good cause for not
submitting documents electronically must submit an exemption request,
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
[[Page 53448]]
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 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 are M. Stanford Blanton,
sblanton@balch.com (205-226-3417), or Moanica M. Caston,
mcaston@southernco.com (205-992-5316), or Kathryn M. Sutton,
ksutton@morganlewis.com (202-739-5738). Counsel for the NRC staff in
this proceeding are Ann Hodgdon, Ann.Hodgdon@nrc.gov (301-415-1587) and
Michael Spencer, Michael.Spencer@nrc.gov (301-415-4073).
A person who is not a party may be permitted to make a limited
appearance by making an oral or written statement of his position on
the issues, which need not be submitted using the E-filing process, 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@nrc.gov. The application is also available at https://
www.nrc.gov/reactors/new-licensing/col/vogtle.html. The ADAMS accession
number for the application cover letter is ML081050133.
To search for documents in ADAMS using the Vogtle Units 3 and 4 COL
application docket numbers, 52-025 and 52-026, enter the terms
``05200025'' and ``05200026'' in the ``Docket Number'' field when using
either the Web-based search (advanced search) engine or the ADAMS find
tool in Citrix. The Vogtle ESP can be found in ADAMS using the
accession number ML070660266 or by going to https://www.nrc.gov/
reactors/new-licensing/esp/vogtle.html. To search for documents on the
Vogtle ESP docket, enter ``05200011'' in the ``Docket Number'' field in
the Web-based search (advanced search) engine or the ADAMS find tool.
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/
vogtle.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. The Final Environmental Impact Statement
for the Vogtle ESP can be found on the NRC Web site at https://
www.nrc.gov/reactors/new-licensing/esp/vogtle.html, or under ADAMS
accession numbers ML0822440145, ML0822440165 and ML082260203.
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 after the publication of the notice of hearing 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:
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\1\ See footnote 6. 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.
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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 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
[[Page 53449]]
(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-258 (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.
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\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.
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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.
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\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.
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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.
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\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.
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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.
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\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).
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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 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
[[Page 53450]]
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\
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\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.
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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 10th day of September 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
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Day Event/activity
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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.
B............................. Decision on contention admission.
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[[Page 53451]]
[FR Doc. E8-21565 Filed 9-15-08; 8:45 am]
BILLING CODE 7590-01-P