South Carolina Electric & Gas Company, Acting for Itself and as Agent for the South Carolina Public Service Authority (Also Referred to as Santee Cooper) Application for the Virgil C. Summer Nuclear Station Units 2 and 3; Notice of Order, Hearing, and Opportunity To Petition for Leave To Intervene, 60362-60366 [E8-24166]
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60362
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
rural areas and the time and cost of
property registration in urban and periurban areas. Source: The International
Fund for Agricultural Development
(IFAD) and the International Finance
Corporation.
Investing in People
1. Public Expenditure on Health:
Total expenditures on health by
government at all levels divided by
GDP. Source: The World Health
Organization (WHO).
2. Immunization Rates: The average of
DPT3 and measles immunization rates
for the most recent year available.
Source: The World Health Organization
(WHO).
3. Total Public Expenditure on
Primary Education: Total expenditures
on primary education by government at
all levels divided by GDP. Source: The
United Nations Educational, Scientific
and Cultural Organization (UNESCO)
and National Governments.
4. Girls’ Primary Completion Rate:
The number of female students enrolled
in the last grade of primary education
minus repeaters divided by the
population in the relevant age cohort.
Source: United Nations Educational,
Scientific and Cultural Organization
(UNESCO).
5. Natural Resource Management: An
index made up of four indicators: Ecoregion protection, access to improved
water, access to improved sanitation,
and child (ages 1–4) mortality. Source:
The Center for International Earth
Science Information Network (CIESIN)
and the Yale Center for Environmental
Law and Policy (YCLEP).
[FR Doc. E8–24206 Filed 10–9–08; 8:45 am]
BILLING CODE 9211–03–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (08–077)]
Aerospace Safety Advisory Panel;
Meeting.
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of Meeting; Correction.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
Federal Register Citation of
Previous Announcement: 73 FR 58668,
Notice Number 08–067, October 7, 2008.
SUMMARY: The National Aeronautics and
Space Administration published a
document in the Federal Register of
October 7, 2008, announcing a meeting
of the Aerospace Safety Advisory Panel
(ASAP). The document announced an
incorrect meeting time.
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Correction: Date and time of ASAP
meeting is Wednesday, October 23,
2008, 10 a.m. to 12 noon.
FOR FURTHER INFORMATION CONTACT:
Ms.
Kathy Dakon, Aerospace Safety
Advisory Panel Executive Director,
National Aeronautics and Space
Administration, Washington, DC 20546,
(202) 358–0732.
Dated: October 7, 2008.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E8–24244 Filed 10–9–08; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL SCIENCE FOUNDATION
Advisory Committee for Mathematical
and Physical Sciences; Notice of
Meeting
In accordance with Federal Advisory
Committee Act (Pub. L. 92–463, as
amended), the National Science
Foundation announces the following
meeting:
Name: Advisory Committee for
Mathematical and Physical Sciences (66)
Date/Time: November 5, 2008 2 p.m.–4
p.m.; November 6, 2008 8 a.m.–6 p.m.;
November 7, 2008 8 a.m.–3 p.m.
Place: National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230,
November 5 Room 1005; November 6, Room
375; November 7, Room 1235.
Type of Meeting: Open.
Contact Person: Dr. Morris L. Aizenman,
Senior Science Associate, Directorate for
Mathematical and Physical Sciences, Room
1005, National Science Foundation, 4201
Wilson Boulevard, Arlington, VA 22230.
(703) 292–8807.
Purpose of Meeting: To provide advice and
recommendations concerning NSF science
and education activities within the
Directorate for Mathematical and Physical
Sciences.
Agenda:
Briefing to new members about NSF and
Directorate (11/5).
Update on current status of Directorate.
Report of NSF Advisory Panel on Light
Source Facilities Subcommittee.
Meeting of MPSAC with Divisions within
MPS Directorate.
Discussion of MPS Long-term Planning
Activities.
Summary Minutes: May be obtained from
the contact person listed above.
Dated: October 6, 2008.
Susanne E. Bolton,
Committee Management Officer.
[FR Doc. E8–24067 Filed 10–9–08; 8:45 am]
BILLING CODE 7555–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 52–027 and 52–028]
South Carolina Electric & Gas
Company, Acting for Itself and as
Agent for the South Carolina Public
Service Authority (Also Referred to as
Santee Cooper) Application for the
Virgil C. Summer Nuclear Station Units
2 and 3; Notice of Order, Hearing, and
Opportunity To Petition for Leave To
Intervene
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
March 27, 2008, filed by South Carolina
Electric & Gas Company (SCE&G), acting
for itself and as agent for South Carolina
Public Service Authority (also referred
to as Santee Cooper), pursuant to
Subpart C of 10 CFR Part 52, for a
combined license (COL). The
application requests approval of a COL
for the Virgil C. Summer Nuclear
Station (VCSNS) Units 2 and 3, to be
located in Fairfield County, South
Carolina. The application was accepted
for docketing on July 31, 2008 (August
6, 2008; 73 FR 45793). The docket
numbers established for this COL
application are 52–027 and 52–028. The
Summer COL application incorporates
by reference Appendix D to 10 CFR 52
(which includes the AP1000 design
through Revision 15), as amended by
the AP1000 Design Control Document
(DCD) submitted by Westinghouse as
Revision 16 and Westinghouse
Technical Report APP–GW–GLR–134,
Revision 4. By letter to Westinghouse
dated January 18, 2008, the staff
accepted DCD Revision 16 for
docketing. Proposed amendments to the
AP1000 certified design are subject of
an ongoing rulemaking under docket
number 52–006.
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
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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
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. The
NRC staff will also prepare an
Environmental Impact Statement, as
required by 10 CFR 51.20(b)(2).
Any person whose interest may be
affected by this proceeding and who
desires to participate as a party to this
proceeding must file a written petition
for leave to intervene in accordance
with 10 CFR 2.309. Those permitted to
intervene become parties to the
proceeding, subject to any limitations in
the order granting leave to intervene,
and have the opportunity to participate
fully in the conduct of the hearing.
A petition for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice in the
Federal Register. Non-timely filings will
not be entertained absent a
determination by the Commission or
presiding officer designated to rule on
the petition, pursuant to the
requirements of 10 CFR 2.309(c)(1)(i)–
(viii).
All documents filed in NRC
adjudicatory proceedings, including
petitions to intervene and requests to
participate as an interested government
entity under 10 CFR 2.315(c), must be
filed in accordance with the NRC EFiling rule, which was promulgated by
the NRC on August 28, 2007 (72 FR
49139). The E-Filing process requires
participants to submit and serve
documents over the internet or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
petitioner must contact the Office of the
Secretary by e-mail at
HearingDocket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner (or its counsel or
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20:11 Oct 09, 2008
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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
https://www.nrc.gov/site-help/esubmittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a participant has obtained a
digital ID certificate, had a docket
created, and downloaded the EIE
viewer, it can then submit a petition for
leave to intervene. Submissions should
be in Portable Document Format (PDF)
in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.
Eastern 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 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
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60363
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 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
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 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
Randolph R. Mahan, 803–217–9538,
RMAHAN@scana.com and Kathryn M.
Sutton, 202–739–5738,
ksutton@morganlewis.com. Counsel for
the NRC staff in this proceeding is
Michael A. Spencer, (301) 415–4073,
Michael.Spencer@nrc.gov.
A person who is not a party may be
permitted to make a limited appearance
by making an oral or written statement
of his or her position on the issues at
any session of the hearing or any prehearing conference within the limits
and conditions fixed by the presiding
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officer, but may not otherwise
participate in the proceeding. These
limited appearance statements need not
to be submitted using the E-Filing
process.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland, and will be
accessible electronically through the
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room link at the
NRC Web site https://www.nrc.gov/
reading-rm/adams.html. Persons who
do not have access to ADAMS or who
encounter problems in accessing
documents located in ADAMS should
contact the NRC PDR Reference staff by
telephone at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov. The application
is available at https://www.nrc.gov/
reactors/new-reactors/col/summer.html.
The ADAMS accession number for the
COL application cover letter is
ML081300460. To search for documents
in ADAMS using the Summer COL
application docket numbers, 52–027
and 52–028, enter the terms ‘‘05200027’’
and ‘‘05200028’’ in the ‘‘Docket
Number’’ field when using either the
Web-based search (advanced search)
engine or the ADAMS find tool in
Citrix.
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-reactors/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-reactors/col/summer.html. To
search for documents in ADAMS using
the docket number for the proposed
amendments to the AP1000 design
certification, 52–006, enter the term
‘‘05200006’’ in the ADAMS ‘‘Docket
Number’’ field.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and Safeguards
Information for Contention Preparation
1. This order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing sensitive
unclassified information (including
Sensitive Unclassified Non-Safeguards
Information (SUNSI) and Safeguards
Information (SGI)).
2. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
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20:11 Oct 09, 2008
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potential party as defined in 10 CFR 2.4
who believes access to SUNSI or SGI is
necessary for a response to the notice
may request access to SUNSI or SGI. A
‘‘potential party’’ is any person who
intends or may intend to participate as
a party by demonstrating standing and
the filing of an admissible contention
under 10 CFR 2.309. Requests submitted
later than 10 days will not be
considered absent a showing of good
cause for the late filing, addressing why
the request could not have been filed
earlier.
3. The requester shall submit a letter
requesting permission to access SUNSI
and/or SGI to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The e-mail address for
the Office of the Secretary and the
Office of the General Counsel are
HearingDocket@nrc.gov and
OGCmail@nrc.gov, respectively.1 The
request must include the following
information:
a. A description of the licensing
action with a citation to this Federal
Register notice of hearing and
opportunity to petition for leave to
intervene;
b. The name and address of the
potential party and a description of the
potential party’s particularized interest
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.
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
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 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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establish standing to participate in this
NRC proceeding, and (2) there is a
legitimate need for access to SUNSI or
need to know the SGI requested. For
SGI, the need to know determination is
made based on whether the information
requested is necessary (i.e.,
indispensable) for the proposed
recipient to proffer and litigate a
specific contention in this NRC
proceeding 3 and whether the proposed
recipient has the technical competence
(demonstrable knowledge, skill,
training, education, or experience) to
evaluate and use the specific SGI
requested in this proceeding.
6. If standing and need to know SGI
are shown, the NRC staff will further
determine based upon completion of the
background check whether the proposed
recipient is trustworthy and reliable.
The NRC staff will conduct (as
necessary) an inspection to confirm that
the recipient’s information protection
systems are sufficient to protect SGI
from inadvertent release or disclosure.
Recipients may opt to view SGI at the
NRC’s facility rather than establish their
own SGI protection program to meet SGI
protection requirements.
7. A request for access to SUNSI or
SGI will be granted if:
a. The request has demonstrated that
there is a reasonable basis to believe that
a potential party is likely to establish
standing to intervene or to otherwise
participate as a party in this proceeding;
b. The proposed recipient of the
information has demonstrated a need for
SUNSI or a need to know for SGI, and
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
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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Any protective order issued shall
provide that the petitioner must file
SUNSI or SGI contentions 25 days after
receipt of (or access to) that information.
However, if more than 25 days remain
between the petitioner’s receipt of (or
access to) the information and the
deadline for filing all other contentions
(as established in the notice of hearing
or opportunity for hearing), the
petitioner may file its SUNSI or SGI
contentions by that later deadline.
8. If the request for access to SUNSI
or SGI is granted, the terms and
conditions for access to sensitive
unclassified information will be set
forth in a draft protective order and
affidavit of non-disclosure appended to
a joint motion by the NRC staff, any
other affected parties to this
proceeding,5 and the petitioner(s). If the
diligent efforts by the relevant parties or
petitioner(s) fail to result in an
agreement on the terms and conditions
for a draft protective order or nondisclosure affidavit, the relevant parties
to the proceeding or the petitioner(s)
should notify the presiding officer
within 5 days, describing the obstacles
to the agreement.
9. If the request for access to SUNSI
is denied by the NRC staff or a request
for access to SGI is denied by NRC staff
either after a determination on standing
and need to know or, later, after a
determination on trustworthiness and
reliability, the NRC staff shall briefly
state the reasons for the denial. Before
the Office of Administration makes an
adverse determination regarding access,
the proposed recipient must be
provided an opportunity to correct or
explain information. The requester may
challenge the NRC staff’s adverse
determination with respect to access to
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
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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60365
been designated to rule on information
access issues, with that officer. In the
same manner, an SGI requester may
challenge an adverse determination on
trustworthiness and reliability by filing
a challenge within 15 days of receipt of
that determination.
In the same manner, a party other
than the requester may challenge an
NRC staff determination granting access
to SUNSI whose release would harm
that party’s interest independent of the
proceeding. Such a challenge must be
filed within 5 days of the notification by
the NRC staff of its grant of such a
request.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.6
10. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI and/or SGI, and motions for
protective orders, in a timely fashion in
order to minimize any unnecessary
delays in identifying those petitioners
who have standing and who have
propounded contentions meeting the
specificity and basis requirements in 10
CFR Part 2. Attachment 1 to this Order
summarizes the general target schedule
for processing and resolving requests
under these procedures.
Dated at Rockville, Maryland, this 7th day
of October, 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
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
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\10OCN1.SGM
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60366
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices
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 ..........................
A + 53 ..........................
A + 60 ..........................
B ...................................
[FR Doc. E8–24166 Filed 10–9–08; 8:45 am]
BILLING CODE 7590–01–P
Capital Leadership and Merit System
Accountability, 202–606–2246.
Appearing
in the listing below are the individual
authorities established under Schedules
A, B, and C between August 1, 2008,
and August 31, 2008. Future notices
will be published on the fourth Tuesday
of each month, or as soon as possible
thereafter. A consolidated listing of all
authorities as of August 30 is published
each year.
SUPPLEMENTARY INFORMATION:
OFFICE OF PERSONNEL
MANAGEMENT
Excepted Service
U.S. Office of Personnel
Management (OPM).
ACTION: Notice.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: This gives notice of OPM
decisions granting authority to make
appointments underSchedules A, B, and
C in the excepted service as required by
5 CFR 6.6 and 213.103.
FOR FURTHER INFORMATION CONTACT: M.
Lamary, Group Manager, Executive
Resources Services Group, Center for
Human Resources, Division for Human
VerDate Aug<31>2005
20:11 Oct 09, 2008
Jkt 217001
Schedule C
The following Schedule C
appointments were approved during
August 2008.
Section 213.3303 Executive Office of
the President,Office of Management and
Budget
BOGS80008 Legislative Assistant to
the Associate Director for Legislative
Affairs. Effective August 12, 2008.
Section 213.3304
Schedule A
No Schedule A appointments were
approved for August 2008.
DSGS69753 Special Assistant to the
Principal Deputy Assistant Secretary.
Effective August 12, 2008.
Schedule B
No Schedule B appointments were
approved for August 2008.
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
Department of State
E:\FR\FM\10OCN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60362-60366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24166]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 52-027 and 52-028]
South Carolina Electric & Gas Company, Acting for Itself and as
Agent for the South Carolina Public Service Authority (Also Referred to
as Santee Cooper) Application for the Virgil C. Summer Nuclear Station
Units 2 and 3; Notice of Order, Hearing, and Opportunity To Petition
for Leave To Intervene
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 March 27,
2008, filed by South Carolina Electric & Gas Company (SCE&G), acting
for itself and as agent for South Carolina Public Service Authority
(also referred to as Santee Cooper), pursuant to Subpart C of 10 CFR
Part 52, for a combined license (COL). The application requests
approval of a COL for the Virgil C. Summer Nuclear Station (VCSNS)
Units 2 and 3, to be located in Fairfield County, South Carolina. The
application was accepted for docketing on July 31, 2008 (August 6,
2008; 73 FR 45793). The docket numbers established for this COL
application are 52-027 and 52-028. The Summer COL application
incorporates by reference Appendix D to 10 CFR 52 (which includes the
AP1000 design through Revision 15), as amended by the AP1000 Design
Control Document (DCD) submitted by Westinghouse as Revision 16 and
Westinghouse Technical Report APP-GW-GLR-134, Revision 4. By letter to
Westinghouse dated January 18, 2008, the staff accepted DCD Revision 16
for docketing. Proposed amendments to the AP1000 certified design are
subject of an ongoing rulemaking under docket number 52-006.
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
[[Page 60363]]
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.
The NRC staff will also prepare an Environmental Impact Statement, as
required by 10 CFR 51.20(b)(2).
Any person whose interest may be affected by this proceeding and
who desires to participate as a party to this proceeding must file a
written petition for leave to intervene in accordance with 10 CFR
2.309. Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
A petition for leave to intervene must be filed no later than 60
days from the date of publication of this notice in the Federal
Register. Non-timely filings will not be entertained absent a
determination by the Commission or presiding officer designated to rule
on the petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-
(viii).
All documents filed in NRC adjudicatory proceedings, including
petitions to intervene and requests to participate as an interested
government entity under 10 CFR 2.315(c), must be filed in accordance
with the NRC E-Filing rule, which was promulgated by the NRC on August
28, 2007 (72 FR 49139). The E-Filing process requires participants to
submit and serve documents over the internet or in some cases to mail
copies on electronic storage media. Participants may not submit paper
copies of their filings unless they seek a waiver in accordance with
the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the petitioner must contact the
Office of the Secretary by e-mail at HearingDocket@nrc.gov, or by
calling (301) 415-1677, to request (1) a digital ID certificate, which
allows the participant (or its counsel or representative) to digitally
sign documents and access the E-Submittal server for any proceeding in
which it is participating; and/or (2) creation of an electronic docket
for the proceeding (even in instances in which the petitioner (or its
counsel or representative) already holds an NRC-issued digital ID
certificate). Each participant will need to download the Workplace
Forms Viewer TM to access the Electronic Information
Exchange (EIE), a component of the E-Filing system. The Workplace Forms
Viewer TM is free and is available at https://www.nrc.gov/
site-help/e-submittals/install-viewer.html. Information about applying
for a digital ID certificate is available on NRC's public Web site at
https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a participant has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, it can then submit a
petition for leave to intervene. Submissions should be in Portable
Document Format (PDF) in accordance with NRC guidance available on the
NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html.
A filing is considered complete at the time the filer submits its
documents through EIE. To be timely, an electronic filing must be
submitted to the EIE system no later than 11:59 p.m. Eastern 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 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 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 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
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 Randolph R. Mahan, 803-217-
9538, RMAHAN@scana.com and Kathryn M. Sutton, 202-739-5738,
ksutton@morganlewis.com. Counsel for the NRC staff in this proceeding
is Michael A. Spencer, (301) 415-4073, Michael.Spencer@nrc.gov.
A person who is not a party may be permitted to make a limited
appearance by making an oral or written statement of his or her
position on the issues at any session of the hearing or any pre-hearing
conference within the limits and conditions fixed by the presiding
[[Page 60364]]
officer, but may not otherwise participate in the proceeding. These
limited appearance statements need not to be submitted using the E-
Filing process.
Documents may be examined, and/or copied for a fee, at the NRC's
Public Document Room (PDR), located at One White Flint North, Public
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville,
Maryland, and will be accessible electronically through the Agencywide
Documents Access and Management System (ADAMS) Public Electronic
Reading Room link at the NRC Web site https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing documents located in ADAMS should contact the NRC
PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by
e-mail to pdr.resource@nrc.gov. The application is available at https://
www.nrc.gov/reactors/new-reactors/col/summer.html. The ADAMS accession
number for the COL application cover letter is ML081300460. To search
for documents in ADAMS using the Summer COL application docket numbers,
52-027 and 52-028, enter the terms ``05200027'' and ``05200028'' in the
``Docket Number'' field when using either the Web-based search
(advanced search) engine or the ADAMS find tool in Citrix.
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-reactors/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-reactors/col/
summer.html. To search for documents in ADAMS using the docket number
for the proposed amendments to the AP1000 design certification, 52-006,
enter the term ``05200006'' in the ADAMS ``Docket Number'' field.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention
Preparation
1. This order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
2. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party as
defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary
for a response to the notice may request access to SUNSI or SGI. A
``potential party'' is any person who intends or may intend to
participate as a party by demonstrating standing and the filing of an
admissible contention under 10 CFR 2.309. Requests submitted later than
10 days will not be considered absent a showing of good cause for the
late filing, addressing why the request could not have been filed
earlier.
3. The requester shall submit a letter requesting permission to
access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the
Associate General Counsel for Hearings, Enforcement and Administration,
Office of the General Counsel, Washington, DC 20555-0001. The expedited
delivery or courier mail address for both offices is U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852.
The e-mail address for the Office of the Secretary and the Office of
the General Counsel are HearingDocket@nrc.gov and OGCmail@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI and/or SGI
under these procedures should be submitted as described in this
paragraph.
---------------------------------------------------------------------------
a. A description of the licensing action with a citation to this
Federal Register notice of hearing and opportunity to petition for
leave to intervene;
b. The name and address of the potential party and a description of
the potential party's particularized interest that could be harmed by
the action identified in (a);
c. If the request is for SUNSI, the identity of the individual
requesting access to SUNSI and the requester's need for the information
in order to meaningfully participate in this adjudicatory proceeding,
particularly why publicly available versions of the application would
not be sufficient to provide the basis and specificity for a proffered
contention;
d. If the request is for SGI, the identity of the individual
requesting access to SGI and the identity of any expert, consultant or
assistant who will aid the requester in evaluating the SGI, and
information that shows:
(i) Why the information is indispensable to meaningful
participation in this licensing proceeding; and
(ii) The technical competence (demonstrable knowledge, skill,
experience, training or education) of the requester to understand and
use (or evaluate) the requested information to provide the basis and
specificity for a proffered contention. The technical competence of a
potential party or its counsel may be shown by reliance on a qualified
expert, consultant or assistant who demonstrates technical competence
as well as trustworthiness and reliability, and who agrees to sign a
non-disclosure affidavit and be bound by the terms of a protective
order; and
e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-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 e-mail address. After providing this information, the requester
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------
These forms will be used to initiate the background check, which
includes fingerprinting as part of a criminal history records check.
Note: Copies of these forms do not need to be included with the request
letter to the Office of the Secretary, but the request letter should
state that the forms and fees have been submitted as described above.
4. To avoid delays in processing requests for access to SGI, all
forms should be reviewed for completeness and accuracy (including
legibility) before submitting them to the NRC. Incomplete packages will
be returned to the sender and will not be processed.
5. Based on an evaluation of the information submitted under items
2 and 3.a through 3.d, above, the NRC staff will determine within 10
days of receipt of the written access request whether (1) there is a
reasonable basis to believe the petitioner is likely to
[[Page 60365]]
establish standing to participate in this NRC proceeding, and (2) there
is a legitimate need for access to SUNSI or need to know the SGI
requested. For SGI, the need to know determination is made based on
whether the information requested is necessary (i.e., indispensable)
for the proposed recipient to proffer and litigate a specific
contention in this NRC proceeding \3\ and whether the proposed
recipient has the technical competence (demonstrable knowledge, skill,
training, education, or experience) to evaluate and use the specific
SGI requested in this proceeding.
---------------------------------------------------------------------------
\3\ Broad SGI requests under these procedures are thus highly
unlikely to meet the standard for need to know; furthermore, staff
redaction of information from requested documents before their
release may be appropriate to comport with this requirement. These
procedures do not authorize unrestricted disclosure or less scrutiny
of a requester's need to know than ordinarily would be applied in
connection with an already-admitted contention.
---------------------------------------------------------------------------
6. If standing and need to know SGI are shown, the NRC staff will
further determine based upon completion of the background check whether
the proposed recipient is trustworthy and reliable. The NRC staff will
conduct (as necessary) an inspection to confirm that the recipient's
information protection systems are sufficient to protect SGI from
inadvertent release or disclosure. Recipients may opt to view SGI at
the NRC's facility rather than establish their own SGI protection
program to meet SGI protection requirements.
7. A request for access to SUNSI or SGI will be granted if:
a. The request has demonstrated that there is a reasonable basis to
believe that a potential party is likely to establish standing to
intervene or to otherwise participate as a party in this proceeding;
b. The proposed recipient of the information has demonstrated a
need for SUNSI or a need to know for SGI, and that the proposed
recipient of SGI is trustworthy and reliable;
c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms
of a Protective Order setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
d. The presiding officer has issued a protective order concerning
the information or documents requested.\4\ Any protective order issued
shall provide that the petitioner must file SUNSI or SGI contentions 25
days after receipt of (or access to) that information. However, if more
than 25 days remain between the petitioner's receipt of (or access to)
the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI or SGI contentions by that later
deadline.
---------------------------------------------------------------------------
\4\ If a presiding officer has not yet been designated, the
Chief Administrative Judge will issue such orders, or will appoint a
presiding officer to do so.
---------------------------------------------------------------------------
8. If the request for access to SUNSI or SGI is granted, the terms
and conditions for access to sensitive unclassified information will be
set forth in a draft protective order and affidavit of non-disclosure
appended to a joint motion by the NRC staff, any other affected parties
to this proceeding,\5\ and the petitioner(s). If the diligent efforts
by the relevant parties or petitioner(s) fail to result in an agreement
on the terms and conditions for a draft protective order or non-
disclosure affidavit, the relevant parties to the proceeding or the
petitioner(s) should notify the presiding officer within 5 days,
describing the obstacles to the agreement.
---------------------------------------------------------------------------
\5\ Parties/persons other than the requester and the NRC staff
will be notified by the NRC staff of a favorable access
determination (and may participate in the development of such a
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by
the release of the information (e.g., as with proprietary
information).
---------------------------------------------------------------------------
9. If the request for access to SUNSI is denied by the NRC staff or
a request for access to SGI is denied by NRC staff either after a
determination on standing and need to know or, later, after a
determination on trustworthiness and reliability, the NRC staff shall
briefly state the reasons for the denial. Before the Office of
Administration makes an adverse determination regarding access, the
proposed recipient must be provided an opportunity to correct or
explain information. The requester may challenge the NRC staff's
adverse determination with respect to access to SUNSI or with respect
to standing or need to know for SGI by filing a challenge within 5 days
of receipt of that determination with (a) The presiding officer
designated in this proceeding; (b) if no presiding officer has been
appointed, the Chief Administrative Judge, or if he or she is
unavailable, another administrative judge, or an administrative law
judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another
officer has been designated to rule on information access issues, with
that officer. In the same manner, an SGI requester may challenge an
adverse determination on trustworthiness and reliability by filing a
challenge within 15 days of receipt of that determination.
In the same manner, a party other than the requester may challenge
an NRC staff determination granting access to SUNSI whose release would
harm that party's interest independent of the proceeding. Such a
challenge must be filed within 5 days of the notification by the NRC
staff of its grant of such a request.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\6\
---------------------------------------------------------------------------
\6\ As of October 15, 2007, the NRC's final ``E-Filing Rule''
became effective. See Use of Electronic Submissions in Agency
Hearings (72 FR 49139; August 28, 2007). Requesters should note that
the filing requirements of that rule apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI/SGI
requests submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------
10. The Commission expects that the NRC staff and presiding
officers (and any other reviewing officers) will consider and resolve
requests for access to SUNSI and/or SGI, and motions for protective
orders, in a timely fashion in order to minimize any unnecessary delays
in identifying those petitioners who have standing and who have
propounded contentions meeting the specificity and basis requirements
in 10 CFR Part 2. Attachment 1 to this Order summarizes the general
target schedule for processing and resolving requests under these
procedures.
Dated at Rockville, Maryland, this 7th day of October, 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
[[Page 60366]]
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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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[FR Doc. E8-24166 Filed 10-9-08; 8:45 am]
BILLING CODE 7590-01-P
