Calvert Cliffs 3 Nuclear Project, LLC, and Unistar Nuclear Operating Services, LLC 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 Calvert Cliffs Nuclear Power Plant Unit 3, 55876-55880 [E8-22671]

Download as PDF 55876 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. jlentini on PROD1PC65 with NOTICES IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http://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 documents related to this action are listed below, along with their ADAMS accession numbers. 1. Mark Haenschen, M.S., J.D., letter to U.S. Nuclear Regulatory Commission, Region III, dated July 9, 2008 (ADAMS Accession No. ML081930612). 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, ‘‘Radiological Criteria for License Termination;’’ 3. Title 10 Code of Federal Regulations, Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;’’ 4. NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRCLicensed Nuclear Facilities;’’ NUREG– 1757, Consolidated Decommissioning Guidance. 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.resource@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. Dated at Lisle, Illinois, this 16th day of September 2008. VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 For the Nuclear Regulatory Commission. Christine A. Lipa, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E8–22687 Filed 9–25–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–016] Calvert Cliffs 3 Nuclear Project, LLC, and Unistar Nuclear Operating Services, LLC 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 Calvert Cliffs Nuclear Power Plant Unit 3 Pursuant to the Atomic Energy Act of 1954, as amended, and the regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 2, ‘‘Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,’’ 10 CFR Part 50, ‘‘Domestic Licensing of Production and Utilization Facilities,’’ and 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ notice is hereby given that a hearing will be held, at a time and place to be set in the future by the U.S. Nuclear Regulatory Commission (NRC, the Commission) or designated by the Atomic Safety and Licensing Board (Board). The hearing will consider the application dated July 13, 2007, and March 14, 2008, filed by Constellation Generation Group, LLC, and UniStar Nuclear Operating Services, LLC (CGG and UniStar), pursuant to Subpart C of 10 CFR Part 52 for a combined license (COL). The application was supplemented by letters dated July 16, August 2, September 11, October 30, December 14, 2007, and January 14, March 3, March 14, May 15, May 30, June 20, July 31, August 18 and August 19, 2008. The application was revised by letter dated August 20, 2008, which among other things changed the applicants to Calvert Cliffs 3 Nuclear Project, LLC, and UniStar Nuclear Operating Services, LLC. The application requests approval of a COL for Calvert Cliffs Nuclear Power Plant Unit 3, to be located in Calvert County, Maryland. The two parts of the application were accepted for docketing on January 25, 2008 (73 FR 5877, January 31, 2008) and June 3, 2008 (73 FR 32606, June 9, 2008). The docket number established for this COL application is 52–016. The Calvert Cliffs PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 COL application incorporates by reference the application for a Standard Design Certification for the U.S. EPR, which was submitted to the NRC by AREVA NP on December 11, 2007, and supplemented by AREVA on February 7, 2008, and February 18, 2008. The Standard Design Certification for the U.S. EPR is the subject of an ongoing rulemaking under docket number 52– 020. By letter to AREVA dated February 25, 2008, the staff has accepted the Standard Design Certification for the U.S. EPR for docketing. The hearing on the COL application will be conducted by a Board that will be designated by the Chairman of the Atomic Safety and Licensing Board Panel or will be conducted by the Commission. Notice as to the membership of the Board will be published in the Federal Register at a later date. The NRC staff will complete a detailed technical review of the COL application and will document its findings in a safety evaluation report. The Commission will refer a copy of the COL application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.87, ‘‘Referral to the ACRS,’’ and the ACRS will report on those portions of the application that concern safety. Any person whose interest may be affected by this proceeding and who desires to participate as a party to this proceeding must file a written petition for leave to intervene in accordance with 10 CFR 2.309. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 28, 2007, (72 FR 49139). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the petitioner must contact the Office of the E:\FR\FM\26SEN1.SGM 26SEN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices Secretary by e-mail at HearingDocket@nrc.gov, or by calling (301) 415–1677, to request (1) a digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding (even in instances in which the petitioner (or its counsel or representative) already holds an NRCissued digital ID certificate). Each participant will need to download the Workplace Forms 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 http://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 http://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 http://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 http://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. VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 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 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 firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). To be timely, filings must be submitted no later than 11:59 p.m. Eastern Time on the due date. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket which is available to the public at (http:// 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. Petitions 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 55877 determination by the Commission or Board designated to rule on the petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)–(viii). 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, which need not be submitted to the agency using the EFiling process, regarding the issues at any session of the hearing or any prehearing conference within the limits and conditions fixed by the presiding officer, but may not otherwise participate in the proceeding. Any person who files a motion pursuant to 10 CFR 2.323 must consult with counsel for the applicant and counsel for the NRC staff who are listed below. Counsel for the applicant is Carey W. Fleming, (410) 470–5703, carey.fleming@constellation.com. Counsel for the NRC staff in this proceeding is James P. Biggins, (301) 415–6305, james.biggins@nrc.gov. 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 http://www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr.resource@nrc.gov. The application is available at http://www.nrc.gov/ reactors/new-licensing/col/calvertcliffs.html. The ADAMS accession number for the COL application cover letters are ML071980294, ML080990114 and ML082390786. The ADAMS accession numbers for the supplements to the application are ML071980294, ML073520191, ML072000363, ML072200533, ML072560022, ML073060128, ML080160244, ML080660622, ML081410279, ML081550221, ML081760197, ML082170395, ML082330105 and ML082340693. To search for documents in ADAMS using the Calvert Cliffs COL application docket number, 52–016, enter the term ‘‘05200016’’ in the ‘‘Docket Number’’ field when using either the web-based search (advanced search) engine or the ADAMS find tool in Citrix. In the case of information contained in the supplemental letters the actual data can be obtained by contacting the NRC PDR. E:\FR\FM\26SEN1.SGM 26SEN1 55878 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 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 of Hearing 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 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.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 (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 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the initial request to access SUNSI and/or SGI under these procedures should be submitted as described in this paragraph. 2 The requester will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address. After providing this information, the requester usually should be able to obtain access to the online form within one business day. jlentini on PROD1PC65 with NOTICES The application for a Standard Design Certification for the U.S. EPR, can be found using ADAMS accession number ML073531802 or by going to http:// www.nrc.gov/reactors/new-licensing/ design-cert/epr.html. To search for documents in ADAMS using the EPR DC docket number, 52–020, enter the term ‘‘05200020’’ in the ADAMS ‘‘Docket Number’’ field. VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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. Note: Copies of these forms do not need to be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as described above. 4. To avoid delays in processing requests for access to SGI, all forms should be reviewed for completeness and accuracy (including legibility) before submitting them to the NRC. Incomplete packages will be returned to the sender and will not be processed. 5. Based on an evaluation of the information submitted under items 2 and 3.a through 3.d, above, the NRC staff will determine within 10 days of receipt of the written access request whether (1) there is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding, and (2) there is a legitimate need for access to SUNSI or need to know the SGI requested. For SGI, the need to know determination is made based on whether the information requested is necessary (i.e., indispensable) for the proposed recipient to proffer and litigate a specific contention in this NRC proceeding 3 and whether the proposed recipient has the technical competence (demonstrable knowledge, skill, training, education, or experience) to evaluate and use the specific SGI requested in this proceeding. 6. If standing and need to know SGI are shown, the NRC staff will further determine based upon completion of the background check whether the proposed recipient is trustworthy and reliable. The NRC staff will conduct (as necessary) an inspection to confirm that the recipient’s information protection systems are sufficient to protect SGI from inadvertent release or disclosure. Recipients may opt to view SGI at the NRC’s facility rather than establish their own SGI protection program to meet SGI protection requirements. 7. A request for access to SUNSI or SGI will be granted if: a. The request has demonstrated that there is a reasonable basis to believe that 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. E:\FR\FM\26SEN1.SGM 26SEN1 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices 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 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 and the petitioner(s).5 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 five (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 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 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. In the same manner, an SGI requester may challenge an adverse determination on trustworthiness and reliability by filing a challenge within 15 days of receipt of that determination. In the same manner, a party other than the requester may challenge an NRC staff determination granting access 55879 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 2.311.6 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 22nd 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 Nonsafeguards 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). 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. 10 ........... 60 ........... jlentini on PROD1PC65 with NOTICES 20 ........... 4 If a presiding officer has not yet been designated, the Chief Administrative Judge will issue such orders, or will appoint a presiding officer to do so. 5 Parties/persons other than the requester and the NRC staff will be notified by the NRC staff of a favorable access determination (and may participate in the development of such a motion and protective VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 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). 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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. E:\FR\FM\26SEN1.SGM 26SEN1 55880 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Notices Day Event/activity 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. 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/Intervener reply to answers. Decision on contention admission. 30 ........... 40 ........... 190 ......... 205 ......... A ............ A + 3 ...... A + 28 .... A + 53 .... A + 60 .... B ............ [FR Doc. E8–22671 Filed 9–25–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2008–0419] Security and Continued Use of Cesium–137 Chloride Sources: Granting Extension of Comment Period U.S. Nuclear Regulatory Commission (NRC). ACTION: Notice of Granting of Request to Extend the Comment Period on the Issues described in the Notice on the Security and Continued Use of Cesium– 137 Chloride Sources. AGENCY: Dr. John P. Jankovich, Office of Federal and State Materials and Environmental Management Programs, telephone (301) 415–7904, e-mail john.jankovich@nrc.gov, or Dr. Cynthia Jones, Office of Nuclear Security and Incident Response, telephone (301) 415– 0298, e-mail cynthia.jones@nrc.gov. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES FOR FURTHER INFORMATION CONTACT: I. Introduction On July 31, 2008, the NRC issued a notice in the Federal Register which requested, in part, public comments on the issues presented in the notice on the security and continued use of cesium– 137 chloride sources (73 FR 44780). The notice requested early public input on VerDate Aug<31>2005 18:07 Sep 25, 2008 Jkt 214001 major issues associated with the use of certain forms of cesium–137 chloride currently used by NRC- and Agreement State-licensees. While the NRC has not initiated rulemaking on this subject, NRC used the conventionally established rulemaking comment channels for obtaining comments. II. Further Information The NRC staff requested receipt of comments on the notice by September 30, 2008. By this action, the NRC staff is extending the comment period until October 15, 2008. Comments received after October 15, 2008, will be considered if practical to do so, but the NRC is unable to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with the use of cesium–137 chloride sources are encouraged at any time. In addition to inviting public comments on the issues presented in section III of the July 31, 2008 notice, the NRC also solicited specific comments related to: (1) Quantitative information on the costs and benefits resulting from consideration of the factors described in the Issues Paper; (2) operational data on radiation exposures (increased or reduced) that might result from implementing any of the options described in the Issues Paper; (3) whether the presented issues are addressed comprehensively; and (4) whether other options should be considered, including quantitative PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 information on the costs and benefits for these other options. The Commission believes that stakeholder comments help to quantify the potential impact of these proposed changes and will assist the NRC as potential regulatory action(s) are developed. III. Request To Extend the Comment Period Basis for the Request The NRC received the following extension request: On behalf of industry, the Nuclear Energy Institute (NEI) respectfully requests an extension of the comment period identified in the subject Federal Register notice (FRN) entitled, ‘‘Request for Comments on the Security and Continued Use of Cesium–137 Chloride Sources and Notice of Public Meeting’’ dated July 31, 2008. Specifically, the FRN states that stakeholder comments on the Cesium–137 Chloride source issues raised therein should be submitted to NRC no later than September 30, 2008. This date coincides with the last day of the scheduled public meeting, which industry fully supports. We believe that industry, the public and other stakeholder comments on these complex matters would be greatly informed by the deliberations that will inevitably occur during the two day meeting which commences on September 29, 2008. Therefore, we request that the comment period be extended, at a minimum, 30 days so as to close no earlier than October 30, 2008. The NRC received similar requests from the Conference of Radiation Control Program Directors, Inc., (CRCPD), and from the International E:\FR\FM\26SEN1.SGM 26SEN1

Agencies

[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55876-55880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22671]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 52-016]


Calvert Cliffs 3 Nuclear Project, LLC, and Unistar Nuclear 
Operating Services, LLC 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 
Calvert Cliffs Nuclear Power Plant Unit 3

    Pursuant to the Atomic Energy Act of 1954, as amended, and the 
regulations in Title 10 of the Code of Federal Regulations (10 CFR) 
Part 2, ``Rules of Practice for Domestic Licensing Proceedings and 
Issuance of Orders,'' 10 CFR Part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' and 10 CFR Part 52, Licenses, 
Certifications, and Approvals for Nuclear Power Plants,'' notice is 
hereby given that a hearing will be held, at a time and place to be set 
in the future by the U.S. Nuclear Regulatory Commission (NRC, the 
Commission) or designated by the Atomic Safety and Licensing Board 
(Board). The hearing will consider the application dated July 13, 2007, 
and March 14, 2008, filed by Constellation Generation Group, LLC, and 
UniStar Nuclear Operating Services, LLC (CGG and UniStar), pursuant to 
Subpart C of 10 CFR Part 52 for a combined license (COL). The 
application was supplemented by letters dated July 16, August 2, 
September 11, October 30, December 14, 2007, and January 14, March 3, 
March 14, May 15, May 30, June 20, July 31, August 18 and August 19, 
2008. The application was revised by letter dated August 20, 2008, 
which among other things changed the applicants to Calvert Cliffs 3 
Nuclear Project, LLC, and UniStar Nuclear Operating Services, LLC. The 
application requests approval of a COL for Calvert Cliffs Nuclear Power 
Plant Unit 3, to be located in Calvert County, Maryland. The two parts 
of the application were accepted for docketing on January 25, 2008 (73 
FR 5877, January 31, 2008) and June 3, 2008 (73 FR 32606, June 9, 
2008). The docket number established for this COL application is 52-
016. The Calvert Cliffs COL application incorporates by reference the 
application for a Standard Design Certification for the U.S. EPR, which 
was submitted to the NRC by AREVA NP on December 11, 2007, and 
supplemented by AREVA on February 7, 2008, and February 18, 2008. The 
Standard Design Certification for the U.S. EPR is the subject of an 
ongoing rulemaking under docket number 52-020. By letter to AREVA dated 
February 25, 2008, the staff has accepted the Standard Design 
Certification for the U.S. EPR for docketing.
    The hearing on the COL application will be conducted by a Board 
that will be designated by the Chairman of the Atomic Safety and 
Licensing Board Panel or will be conducted by the Commission. Notice as 
to the membership of the Board will be published in the Federal 
Register at a later date. The NRC staff will complete a detailed 
technical review of the COL application and will document its findings 
in a safety evaluation report. The Commission will refer a copy of the 
COL application to the Advisory Committee on Reactor Safeguards (ACRS) 
in accordance with 10 CFR 52.87, ``Referral to the ACRS,'' and the ACRS 
will report on those portions of the application that concern safety.
    Any person whose interest may be affected by this proceeding and 
who desires to participate as a party to this proceeding must file a 
written petition for leave to intervene in accordance with 10 CFR 
2.309. Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated in August 28, 2007, (72 FR 49139). The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the petitioner must contact the 
Office of the

[[Page 55877]]

Secretary by e-mail at HearingDocket@nrc.gov, or by calling (301) 415-
1677, to request (1) a digital ID certificate, which allows the 
participant (or its counsel or representative) to digitally sign 
documents and access the E-Submittal server for any proceeding in which 
it is participating; and/or (2) creation of an electronic docket for 
the proceeding (even in instances in which the petitioner (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each participant will need to download the Workplace 
Forms Viewer \TM\ to access the Electronic Information Exchange (EIE), 
a component of the E-Filing system. The Workplace Forms Viewer \TM\ is 
free and is available at http://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 http://
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 http://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 http://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 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 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 the 
NRC's electronic hearing docket which is available to the public at 
(http://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.
    Petitions 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 Board designated to rule on the 
petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-(viii).
    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, 
which need not be submitted to the agency using the E-Filing process, 
regarding the issues at any session of the hearing or any pre-hearing 
conference within the limits and conditions fixed by the presiding 
officer, but may not otherwise participate in the proceeding.
    Any person who files a motion pursuant to 10 CFR 2.323 must consult 
with counsel for the applicant and counsel for the NRC staff who are 
listed below. Counsel for the applicant is Carey W. Fleming, (410) 470-
5703, carey.fleming@constellation.com. Counsel for the NRC staff in 
this proceeding is James P. Biggins, (301) 415-6305, 
james.biggins@nrc.gov.
    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 http://www.nrc.gov/reading-rm/
adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing documents located in ADAMS should contact the NRC 
PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by 
e-mail to pdr.resource@nrc.gov. The application is available at http://
www.nrc.gov/reactors/new-licensing/col/calvert-cliffs.html. The ADAMS 
accession number for the COL application cover letters are ML071980294, 
ML080990114 and ML082390786. The ADAMS accession numbers for the 
supplements to the application are ML071980294, ML073520191, 
ML072000363, ML072200533, ML072560022, ML073060128, ML080160244, 
ML080660622, ML081410279, ML081550221, ML081760197, ML082170395, 
ML082330105 and ML082340693. To search for documents in ADAMS using the 
Calvert Cliffs COL application docket number, 52-016, enter the term 
``05200016'' in the ``Docket Number'' field when using either the web-
based search (advanced search) engine or the ADAMS find tool in Citrix. 
In the case of information contained in the supplemental letters the 
actual data can be obtained by contacting the NRC PDR.

[[Page 55878]]

    The application for a Standard Design Certification for the U.S. 
EPR, can be found using ADAMS accession number ML073531802 or by going 
to http://www.nrc.gov/reactors/new-licensing/design-cert/epr.html. To 
search for documents in ADAMS using the EPR DC docket number, 52-020, 
enter the term ``05200020'' in the ADAMS ``Docket Number'' field.

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

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
    2. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party as 
defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary 
for a response to the Notice of Hearing 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 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.gov 
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI and/or SGI 
under these procedures should be submitted as described in this 
paragraph.
---------------------------------------------------------------------------

    a. A description of the licensing action with a citation to this 
Federal Register notice of hearing and opportunity to petition for 
leave to intervene;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest that could be harmed by 
the action identified in (a);
    c. If the request is for SUNSI, the identity of the individual 
requesting access to SUNSI and the requester's need for the information 
in order to meaningfully participate in this adjudicatory proceeding, 
particularly why publicly available versions of the application would 
not be sufficient to provide the basis and specificity for a proffered 
contention;
    d. If the request is for SGI, the identity of the individual 
requesting access to SGI and the identity of any expert, consultant or 
assistant who will aid the requester in evaluating the SGI, and 
information that shows:
    (i) Why the information is indispensable to meaningful 
participation in this licensing proceeding; and
    (ii) The technical competence (demonstrable knowledge, skill, 
experience, training or education) of the requester to understand and 
use (or evaluate) the requested information to provide the basis and 
specificity for a proffered contention. The technical competence of a 
potential party or its counsel may be shown by reliance on a qualified 
expert, consultant or assistant who demonstrates technical competence 
as well as trustworthiness and reliability, and who agrees to sign a 
nondisclosure affidavit and be bound by the terms of a protective 
order; and
    e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-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.
---------------------------------------------------------------------------

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

These forms will be used to initiate the background check, which 
---------------------------------------------------------------------------
includes fingerprinting as part of a criminal history records check.

    Note: Copies of these forms do not need to be included with the 
request letter to the Office of the Secretary, but the request 
letter should state that the forms and fees have been submitted as 
described above.

    4. To avoid delays in processing requests for access to SGI, all 
forms should be reviewed for completeness and accuracy (including 
legibility) before submitting them to the NRC. Incomplete packages will 
be returned to the sender and will not be processed.
    5. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.d, above, the NRC staff will determine within 10 
days of receipt of the written access request whether (1) there is a 
reasonable basis to believe the petitioner is likely to establish 
standing to participate in this NRC proceeding, and (2) there is a 
legitimate need for access to SUNSI or need to know the SGI requested. 
For SGI, the need to know determination is made based on whether the 
information requested is necessary (i.e., indispensable) for the 
proposed recipient to proffer and litigate a specific contention in 
this NRC proceeding \3\ and whether the proposed recipient has the 
technical competence (demonstrable knowledge, skill, training, 
education, or experience) to evaluate and use the specific SGI 
requested in this proceeding.
---------------------------------------------------------------------------

    \3\ Broad SGI requests under these procedures are thus highly 
unlikely to meet the standard for need to know; furthermore, staff 
redaction of information from requested documents before their 
release may be appropriate to comport with this requirement. These 
procedures do not authorize unrestricted disclosure or less scrutiny 
of a requester's need to know than ordinarily would be applied in 
connection with an already admitted contention.
---------------------------------------------------------------------------

    6. If standing and need to know SGI are shown, the NRC staff will 
further determine based upon completion of the background check whether 
the proposed recipient is trustworthy and reliable. The NRC staff will 
conduct (as necessary) an inspection to confirm that the recipient's 
information protection systems are sufficient to protect SGI from 
inadvertent release or disclosure. Recipients may opt to view SGI at 
the NRC's facility rather than establish their own SGI protection 
program to meet SGI protection requirements.
    7. A request for access to SUNSI or SGI will be granted if:
    a. The request has demonstrated that there is a reasonable basis to 
believe that

[[Page 55879]]

a potential party is likely to establish standing to intervene or to 
otherwise participate as a party in this proceeding;
     b. The proposed recipient of the information has demonstrated a 
need for SUNSI or a need to know for SGI, and that the proposed 
recipient of SGI is trustworthy and reliable;
    c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms 
of a Protective Order setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\4\ Any protective order issued 
shall provide that the petitioner must file SUNSI or SGI contentions 25 
days after receipt of (or access to) that information. However, if more 
than 25 days remain between the petitioner's receipt of (or access to) 
the information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI or SGI contentions by that later 
deadline.
---------------------------------------------------------------------------

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

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

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

    9. If the request for access to SUNSI is denied by the NRC staff or 
a request for access to SGI is denied by NRC staff either after a 
determination on standing and need to know or, later, after a 
determination on trustworthiness and reliability, the NRC staff shall 
briefly state the reasons for the denial. Before the Office of 
Administration makes an adverse determination regarding access, the 
proposed recipient must be provided an opportunity to correct or 
explain information. The requester may challenge the NRC staff's 
adverse determination with respect to access to SUNSI or with respect 
to standing or need to know for SGI 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 10 CFR 2.318(a); or (c) if another 
officer has been designated to rule on information access issues, with 
that officer. In the same manner, an SGI requester may challenge an 
adverse determination on trustworthiness and reliability by filing a 
challenge within 15 days of receipt of that determination.
    In the same manner, a party other than the requester may challenge 
an NRC staff determination granting access to SUNSI whose release would 
harm that party's interest independent of the proceeding. Such a 
challenge must be filed within 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.\6\
---------------------------------------------------------------------------

    \6\ As of October 15, 2007, the NRC's final ``E-Filing Rule'' 
became effective. See Use of Electronic Submissions in Agency 
Hearings (72 FR 49139; August 28, 2007). Requesters should note that 
the filing requirements of that rule apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI/SGI 
requests submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    10. The Commission expects that the NRC staff and presiding 
officers (and any other reviewing officers) will consider and resolve 
requests for access to SUNSI and/or SGI, and motions for protective 
orders, in a timely fashion in order to minimize any unnecessary delays 
in identifying those petitioners who have standing and who have 
propounded contentions meeting the specificity and basis requirements 
in 10 CFR Part 2. Attachment 1 to this Order summarizes the general 
target schedule for processing and resolving requests under these 
procedures.

    Dated at Rockville, Maryland this 22nd 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 Nonsafeguards Information 
and Safeguards Information in This Proceeding

------------------------------------------------------------------------
         Day                             Event/activity
------------------------------------------------------------------------
0....................  Publication of Federal Register notice of hearing
                        and opportunity to petition for leave to
                        intervene, including order with instructions for
                        access requests.
10...................  Deadline for submitting requests for access to
                        Sensitive Unclassified Non-Safeguards
                        Information (SUNSI) and/or Safeguards
                        Information (SGI) with information: Supporting
                        the standing of a potential party identified by
                        name and address; describing the need for the
                        information in order for the potential party to
                        participate meaningfully in an adjudicatory
                        proceeding; demonstrating that access should be
                        granted (e.g., showing technical competence for
                        access to SGI); and, for SGI, including
                        application fee for fingerprint/background
                        check.
60...................  Deadline for submitting petition for intervention
                        containing: (i) Demonstration of standing; (ii)
                        all contentions whose formulation does not
                        require access to SUNSI and/or SGI (+25 Answers
                        to petition for intervention; +7 petitioner/
                        requestor reply).
20...................  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.

[[Page 55880]]

 
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/Intervener reply
                        to answers.
B....................  Decision on contention admission.
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 [FR Doc. E8-22671 Filed 9-25-08; 8:45 am]
BILLING CODE 7590-01-P