South Texas Project Nuclear Operating Company Application for the South Texas Project Units 3 and 4; Notice of Order, Hearing, and Opportunity To Petition for Leave To Intervene, 7934-7938 [E9-3632]

Download as PDF 7934 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices 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 document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the EFiling system. A person filing electronically may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is (800) 397–4209 or locally, (301) 415–4737. Participants who believe that they have good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first-class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, Participants are requested VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 not to include copyrighted materials in their works. If a person other than Himat Soni requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by Himat Soni or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), Himat Soni, or any other person adversely affected by this Order, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. The motion must state with particularity the reasons why the order is not based on adequate evidence and must be accompanied by affidavits or other evidence relied on. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. Dated this 10th day of February 2009. For the Nuclear Regulatory Commission. Cynthia A. Carpenter, Director, Office of Enforcement. [FR Doc. E9–3625 Filed 2–19–09; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 NUCLEAR REGULATORY COMMISSION [Docket Nos. 52–012 and 52–013; NRC– 2008–0091] South Texas Project Nuclear Operating Company Application for the South Texas Project Units 3 and 4; 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, ‘‘Early Site Permits; Standard Design Certifications; and Combined Licenses 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 September 20, 2007, filed by South Texas Project Nuclear Operating Company (STPNOC) on behalf of itself and its joint applicants, pursuant to Subpart C of 10 CFR Part 52 for a combined license (COL). The application, which was supplemented or revised by letters dated September 26, 2007; October 15, 2007; October 18, 2007; November 8, 2007; November 12, 2007; November 13, 2007; November 21, 2007; January 31, 2008; and September 24, 2008, requests approval of a COL for South Texas Project Units 3 and 4 located in Matagorda County, Texas. The application was accepted for docketing on November 29, 2007. The docket numbers established for this application are 52–012 and 52–013. The South Texas Unit 3 and 4 COL application incorporates by reference, Revision 4, Advanced Boiling Water Reactor (ABWR) design approved in 1997 by the NRC in Appendix A to 10 CFR Part 52. On December 19, 2007, the staff forwarded, to the Office of the Federal Register, a Notice of Hearing and Opportunity for Leave to Intervene on a Combined License for the South Texas Project Units 3 and 4. By Order dated February 13, 2008, the Commission withdrew that Notice stating that, ‘‘the Commission will republish a notice of opportunity for hearing on the Application when the staff is informed, as requested in its January 15, 2008, correspondence to Mr. Mark [McBurnett], Vice President Regulatory Affairs, that South Texas Nuclear E:\FR\FM\20FEN1.SGM 20FEN1 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices Operating Company is prepared to support a review of the complete COL Application.’’ By letter dated August 19, 2008, STPNOC submitted a summary of its assessment of its vendor’s ability to supply the ABWR design. STPNOC has informed the NRC by letter dated January 15, 2009, that it is prepared to support a review of the complete COL application. The staff has determined that a review of the complete COL application can recommence including the issuance of a notice of hearing. 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 (SER). 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 Advisory Committee on Reactor Safeguards (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 VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 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 NRCissued digital ID certificate). Each participant will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at https:// www.nrc.gov/site-help/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/esubmittals/apply-certificates.html. Once a participant has obtained a digital ID certificate, had a docket created, and downloaded to 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 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 7935 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 Meta-System Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. The Meta-System Help Desk can be contacted by telephone at 1–866–672– 7640 or by e-mail at MSHD.Resource@nrc.gov. 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) through (c)(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, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited E:\FR\FM\20FEN1.SGM 20FEN1 7936 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. Any person who files a motion pursuant to 10 CFR 2.323 must consult with counsel for the applicant and counsel for the NRC staff who are listed below. Counsel for the applicant is Steven P. Frantz, 202–739–5460, sfrantz@morganlewis.com. Counsel for the NRC staff in this proceeding is Sara Brock, (301) 415–8393, Sara.Brock@nrc.gov. A person who is not a party may be permitted to make a limited appearance by making an oral or written statement of his or her position on the issues at any session of the hearing or any prehearing conference within the limits and conditions fixed by the presiding officer, but may not otherwise participate in the proceeding. Documents may be examined, and/or copied for a fee, at the NRC’s Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland, and will be accessible electronically through the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room link at the NRC Web site https://www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing documents located in ADAMS should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr.resource@nrc.gov. The application is available at https://www.nrc.gov/ reactors/new-reactors/col/ southtexas.html. The ADAMS accession number for the original COL application transmittal letter is ML072850066. The ADAMS accession numbers for the supplements and revisions to the application are ML072740461, ML072960352, ML072960489, ML073190645, ML073340618, ML073200992, ML073310616, ML080700763, ML082730700, and ML082830938. To search for documents in ADAMS using the South Texas Unit 3 and 4 COL application docket numbers, 52–012 and 52–013, enter the term ‘‘05200012’’ in the ‘‘Docket Number’’ field when using either the Web-based search (advanced search) engine or the ADAMS find tool in Citrix. The ABWR design certification can be found by going to https:// www.nrc.gov/reactors/new-licensing/ design-cert/abwr.html. Documents related to the ABWR design certification VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 can be located by accessing our ADAMS Advanced Web Search and entering ‘‘0500065’’ (for older documents) or ‘‘05200001’’ (for more recent documents) in the ‘‘Docket Number’’ field. Some of the documents contain information that is sensitive and these supplements are not available to the public. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information and Safeguards Information for Contention Preparation 1. This order contains instructions regarding how potential parties to this proceeding may request access to documents containing sensitive unclassified information (including Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI)). 2. Within 10 days after publication of this notice of hearing and opportunity to petition for leave to intervene, any potential party as defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary for a response to the notice may request access to SUNSI or SGI. A ‘‘potential party’’ is any person who intends or may intend to participate as a party by demonstrating standing and the filing of an admissible contention under 10 CFR 2.309. Requests submitted later than 10 days will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. 3. The requester shall submit a letter requesting permission to access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Associate General Counsel for Hearings, Enforcement and Administration, Office of the General Counsel, Washington, DC 20555–0001. The expedited delivery or courier mail address for both offices is U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail address for the Office of the Secretary and the Office of the General Counsel are HearingDocket@nrc.gov and OGCmail@nrc.gov, respectively.1 The request must include the following information: a. A description of the licensing action with a citation to this Federal Register notice of hearing and opportunity to petition for leave to intervene; b. The name and address of the potential party and a description of the potential party’s particularized interest 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 301–492– 3524.2 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 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. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\20FEN1.SGM 20FEN1 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices Unit, Mail Stop TWB–05 B32M, 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 a potential party is likely to establish 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. VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 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,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, 4 If a presiding officer has not yet been designated, the Chief Administrative Judge will issue such orders, or will appoint a presiding officer to do so. 5 Parties/persons other than the requester and the NRC staff will be notified by the NRC staff of a favorable access determination (and may participate in the development of such a motion and protective order) if it concerns SUNSI and if the party/person’s interest independent of the proceeding would be harmed by the release of the information (e.g., as with proprietary information). PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 7937 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 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. 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\20FEN1.SGM 20FEN1 7938 Federal Register / Vol. 74, No. 33 / Friday, February 20, 2009 / Notices Dated at Rockville, Maryland, this 13th day of February, 2009. 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). 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. E9–3632 Filed 2–19–09; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket No. CP2009–23; Order No. 179] Competitive Products Price Changes Postal Regulatory Commission. Notice. AGENCY: ACTION: SUMMARY: This document announces the Postal Service’s filing of a notice of VerDate Nov<24>2008 17:55 Feb 19, 2009 Jkt 217001 price changes for certain competitive (shipping) products and invites public comment. In general, the price changes under consideration are for products that were not included in a more comprehensive set of changes implemented in January 2009. The reason for their exclusion is that the associated price changes are calculated, for the most part, with reference to certain market dominant products, and the timetable for implementation of pricing for these products is May of PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 each year. Thus, deferral allows this relationship to be maintained. Changes for the competitive products identified in the Postal Service’s notice are scheduled to occur on May 11, 2009, which coincides with anticipated changes for market dominant products. DATES: Comments are due February 24, 2009. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. E:\FR\FM\20FEN1.SGM 20FEN1

Agencies

[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Notices]
[Pages 7934-7938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3632]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-012 and 52-013; NRC-2008-0091]


South Texas Project Nuclear Operating Company Application for the 
South Texas Project Units 3 and 4; 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, ``Early 
Site Permits; Standard Design Certifications; and Combined Licenses 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 September 20, 2007, filed by South Texas Project 
Nuclear Operating Company (STPNOC) on behalf of itself and its joint 
applicants, pursuant to Subpart C of 10 CFR Part 52 for a combined 
license (COL). The application, which was supplemented or revised by 
letters dated September 26, 2007; October 15, 2007; October 18, 2007; 
November 8, 2007; November 12, 2007; November 13, 2007; November 21, 
2007; January 31, 2008; and September 24, 2008, requests approval of a 
COL for South Texas Project Units 3 and 4 located in Matagorda County, 
Texas. The application was accepted for docketing on November 29, 2007. 
The docket numbers established for this application are 52-012 and 52-
013. The South Texas Unit 3 and 4 COL application incorporates by 
reference, Revision 4, Advanced Boiling Water Reactor (ABWR) design 
approved in 1997 by the NRC in Appendix A to 10 CFR Part 52.
    On December 19, 2007, the staff forwarded, to the Office of the 
Federal Register, a Notice of Hearing and Opportunity for Leave to 
Intervene on a Combined License for the South Texas Project Units 3 and 
4. By Order dated February 13, 2008, the Commission withdrew that 
Notice stating that, ``the Commission will republish a notice of 
opportunity for hearing on the Application when the staff is informed, 
as requested in its January 15, 2008, correspondence to Mr. Mark 
[McBurnett], Vice President Regulatory Affairs, that South Texas 
Nuclear

[[Page 7935]]

Operating Company is prepared to support a review of the complete COL 
Application.'' By letter dated August 19, 2008, STPNOC submitted a 
summary of its assessment of its vendor's ability to supply the ABWR 
design. STPNOC has informed the NRC by letter dated January 15, 2009, 
that it is prepared to support a review of the complete COL 
application. The staff has determined that a review of the complete COL 
application can recommence including the issuance of a notice of 
hearing.
    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 (SER). 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 Advisory 
Committee on Reactor Safeguards (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 ViewerTM to access the Electronic Information Exchange 
(EIE), a component of the E-Filing system. The Workplace Forms 
ViewerTM is free and is available at https://www.nrc.gov/
site-help/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 to 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 Meta-System Help Desk, which is available between 8 
a.m. and 8 p.m., Eastern Time, Monday through Friday. The Meta-System 
Help Desk can be contacted by telephone at 1-866-672-7640 or by e-mail 
at MSHD.Resource@nrc.gov.
    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) through (c)(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, unless an NRC regulation or 
other law requires submission of such information. With respect to 
copyrighted works, except for limited

[[Page 7936]]

excerpts that serve the purpose of the adjudicatory filings and would 
constitute a Fair Use application, participants are requested not to 
include copyrighted materials in their submission.
    Any person who files a motion pursuant to 10 CFR 2.323 must consult 
with counsel for the applicant and counsel for the NRC staff who are 
listed below. Counsel for the applicant is Steven P. Frantz, 202-739-
5460, sfrantz@morganlewis.com. Counsel for the NRC staff in this 
proceeding is Sara Brock, (301) 415-8393, Sara.Brock@nrc.gov.
    A person who is not a party may be permitted to make a limited 
appearance by making an oral or written statement of his or her 
position on the issues at any session of the hearing or any pre-hearing 
conference within the limits and conditions fixed by the presiding 
officer, but may not otherwise participate in the proceeding.
    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room (PDR), located at One White Flint North, Public 
File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland, and will be accessible electronically through the Agencywide 
Documents Access and Management System (ADAMS) Public Electronic 
Reading Room link at the NRC Web site https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing documents located in ADAMS should contact the NRC 
PDR Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by 
e-mail to pdr.resource@nrc.gov. The application is available at https://
www.nrc.gov/reactors/new-reactors/col/southtexas.html. The ADAMS 
accession number for the original COL application transmittal letter is 
ML072850066. The ADAMS accession numbers for the supplements and 
revisions to the application are ML072740461, ML072960352, ML072960489, 
ML073190645, ML073340618, ML073200992, ML073310616, ML080700763, 
ML082730700, and ML082830938. To search for documents in ADAMS using 
the South Texas Unit 3 and 4 COL application docket numbers, 52-012 and 
52-013, enter the term ``05200012'' in the ``Docket Number'' field when 
using either the Web-based search (advanced search) engine or the ADAMS 
find tool in Citrix. The ABWR design certification can be found by 
going to https://www.nrc.gov/reactors/new-licensing/design-cert/
abwr.html. Documents related to the ABWR design certification can be 
located by accessing our ADAMS Advanced Web Search and entering 
``0500065'' (for older documents) or ``05200001'' (for more recent 
documents) in the ``Docket Number'' field. Some of the documents 
contain information that is sensitive and these supplements are not 
available to the public.

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:
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    \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.
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    a. A description of the licensing action with a citation to this 
Federal Register notice of hearing and opportunity to petition for 
leave to intervene;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest that could be harmed by 
the action identified in (a);
    c. If the request is for SUNSI, the identity of the individual 
requesting access to SUNSI and the requester's need for the information 
in order to meaningfully participate in this adjudicatory proceeding, 
particularly why publicly available versions of the application would 
not be sufficient to provide the basis and specificity for a proffered 
contention;
    d. If the request is for SGI, the identity of the individual 
requesting access to SGI and the identity of any expert, consultant or 
assistant who will aid the requester in evaluating the SGI, and 
information that shows:
    (i) Why the information is indispensable to meaningful 
participation in this licensing proceeding; and
    (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 301-492-3524.\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

[[Page 7937]]

Unit, Mail Stop TWB-05 B32M, Washington, DC 20555-0012.
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    \2\ The requester will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and email address. After providing this information, the requester 
usually should be able to obtain access to the online form within 
one business day.
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    These forms will be used to initiate the background check, which 
includes fingerprinting as part of a criminal history records check. 
Note: Copies of these forms do not need to be included with the request 
letter to the Office of the Secretary, but the request letter should 
state that the forms and fees have been submitted as described above.
    4. To avoid delays in processing requests for access to SGI, all 
forms should be reviewed for completeness and accuracy (including 
legibility) before submitting them to the NRC. Incomplete packages will 
be returned to the sender and will not be processed.
    5. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.d, above, the NRC staff will determine within 10 
days of receipt of the written access request whether (1) there is a 
reasonable basis to believe the petitioner is likely to establish 
standing to participate in this NRC proceeding, and (2) there is a 
legitimate need for access to SUNSI or need to know the SGI requested. 
For SGI, the need to know determination is made based on whether the 
information requested is necessary (i.e., indispensable) for the 
proposed recipient to proffer and litigate a specific contention in 
this NRC proceeding \3\ and whether the proposed recipient has the 
technical competence (demonstrable knowledge, skill, training, 
education, or experience) to evaluate and use the specific SGI 
requested in this proceeding.
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    \3\ Broad SGI requests under these procedures are thus highly 
unlikely to meet the standard for need to know; furthermore, staff 
redaction of information from requested documents before their 
release may be appropriate to comport with this requirement. These 
procedures do not authorize unrestricted disclosure or less scrutiny 
of a requester's need to know than ordinarily would be applied in 
connection with an already-admitted contention.
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    6. If standing and need to know SGI are shown, the NRC staff will 
further determine based upon completion of the background check whether 
the proposed recipient is trustworthy and reliable. The NRC staff will 
conduct (as necessary) an inspection to confirm that the recipient's 
information protection systems are sufficient to protect SGI from 
inadvertent release or disclosure. Recipients may opt to view SGI at 
the NRC's facility rather than establish their own SGI protection 
program to meet SGI protection requirements.
    7. A request for access to SUNSI or SGI will be granted if:
    a. The request has demonstrated that there is a reasonable basis to 
believe that a potential party is likely to establish standing to 
intervene or to otherwise participate as a party in this proceeding;
    b. The proposed recipient of the information has demonstrated a 
need for SUNSI or a need to know for SGI, and that the proposed 
recipient of SGI is trustworthy and reliable;
    c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms 
of a Protective Order setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\4\ Any protective order issued 
shall provide that the petitioner must file SUNSI or SGI contentions 25 
days after receipt of (or access to) that information. However, if more 
than 25 days remain between the petitioner's receipt of (or access to) 
the information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI or SGI contentions by that later 
deadline.
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    \4\ If a presiding officer has not yet been designated, the 
Chief Administrative Judge will issue such orders, or will appoint a 
presiding officer to do so.
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    8. If the request for access to SUNSI or SGI is granted, the terms 
and conditions for access to sensitive unclassified information will be 
set forth in a draft protective order and affidavit of non-disclosure 
appended to a joint motion by the NRC staff, any other affected parties 
to this proceeding,\5\ and the petitioner(s). If the diligent efforts 
by the relevant parties or petitioner(s) fail to result in an agreement 
on the terms and conditions for a draft protective order or non-
disclosure affidavit, the relevant parties to the proceeding or the 
petitioner(s) should notify the presiding officer within 5 days, 
describing the obstacles to the agreement.
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    \5\ Parties/persons other than the requester and the NRC staff 
will be notified by the NRC staff of a favorable access 
determination (and may participate in the development of such a 
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by 
the release of the information (e.g., as with proprietary 
information).
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    9. If the request for access to SUNSI is denied by the NRC staff or 
a request for access to SGI is denied by NRC staff either after a 
determination on standing and need to know or, later, after a 
determination on trustworthiness and reliability, the NRC staff shall 
briefly state the reasons for the denial. Before the Office of 
Administration makes an adverse determination regarding access, the 
proposed recipient must be provided an opportunity to correct or 
explain information. The requester may challenge the NRC staff's 
adverse determination with respect to access to SUNSI or with respect 
to standing or need to know for SGI by filing a challenge within 5 days 
of receipt of that determination with (a) the presiding officer 
designated in this proceeding; (b) if no presiding officer has been 
appointed, the Chief Administrative Judge, or if he or she is 
unavailable, another administrative judge, or an administrative law 
judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another 
officer has been designated to rule on information access issues, with 
that officer. In the same manner, an SGI requester may challenge an 
adverse determination on trustworthiness and reliability by filing a 
challenge within 15 days of receipt of that determination.
    In the same manner, a party other than the requester may challenge 
an NRC staff determination granting access to SUNSI whose release would 
harm that party's interest independent of the proceeding. Such a 
challenge must be filed within 5 days of the notification by the NRC 
staff of its grant of such a request.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\6\
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    \6\ As of October 15, 2007, the NRC's final ``E-Filing Rule'' 
became effective. See Use of Electronic Submissions in Agency 
Hearings (72 FR 49139; August 28, 2007). Requesters should note that 
the filing requirements of that rule apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI/SGI 
requests submitted to the NRC staff under these procedures.
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    10. The Commission expects that the NRC staff and presiding 
officers (and any other reviewing officers) will consider and resolve 
requests for access to SUNSI and/or SGI, and motions for protective 
orders, in a timely fashion in order to minimize any unnecessary delays 
in identifying those petitioners who have standing and who have 
propounded contentions meeting the specificity and basis requirements 
in 10 CFR part 2. Attachment 1 to this Order summarizes the general 
target schedule for processing and resolving requests under these 
procedures.



[[Page 7938]]


    Dated at Rockville, Maryland, this 13th day of February, 2009.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

ATTACHMENT 1--GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING 
REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS 
INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING

------------------------------------------------------------------------
          Day                             Event/activity
------------------------------------------------------------------------
0......................  Publication of Federal Register notice of
                          hearing and opportunity to petition for leave
                          to intervene, including order with
                          instructions for access requests.
10.....................  Deadline for submitting requests for access to
                          Sensitive Unclassified Non-Safeguards
                          Information (SUNSI) and/or Safeguards
                          Information (SGI) with information: supporting
                          the standing of a potential party identified
                          by name and address; describing the need for
                          the information in order for the potential
                          party to participate meaningfully in an
                          adjudicatory proceeding; demonstrating that
                          access should be granted (e.g., showing
                          technical competence for access to SGI); and,
                          for SGI, including application fee for
                          fingerprint/background check.
60.....................  Deadline for submitting petition for
                          intervention containing: (i) demonstration of
                          standing; (ii) all contentions whose
                          formulation does not require access to SUNSI
                          and/or SGI (+25 Answers to petition for
                          intervention; +7 petitioner/requestor reply).
20.....................  Nuclear Regulatory Commission (NRC) staff
                          informs the requester of the staff's
                          determination whether the request for access
                          provides a reasonable basis to believe
                          standing can be established and shows (1) need
                          for SUNSI or (2) need to know for SGI. (For
                          SUNSI, NRC staff also informs any party to the
                          proceeding whose interest independent of the
                          proceeding would be harmed by the release of
                          the information.) If NRC staff makes the
                          finding of need for SUNSI and likelihood of
                          standing, NRC staff begins document processing
                          (preparation of redactions or review of
                          redacted documents). If NRC staff makes the
                          finding of need to know for SGI and likelihood
                          of standing, NRC staff begins background check
                          (including fingerprinting for a criminal
                          history records check), information processing
                          (preparation of redactions or review of
                          redacted documents), and readiness
                          inspections.
25.....................  If NRC staff finds no ``need,'' ``need to
                          know,'' or likelihood of standing, the
                          deadline for petitioner/requester to file a
                          motion seeking a ruling to reverse the NRC
                          staff's denial of access; NRC staff files copy
                          of access determination with the presiding
                          officer (or Chief Administrative Judge or
                          other designated officer, as appropriate). If
                          NRC staff finds ``need'' for SUNSI, the
                          deadline for any party to the proceeding whose
                          interest independent of the proceeding would
                          be harmed by the release of the information to
                          file a motion seeking a ruling to reverse the
                          NRC staff's grant of access.
30.....................  Deadline for NRC staff reply to motions to
                          reverse NRC staff determination(s).
40.....................  (Receipt +30) If NRC staff finds standing and
                          need for SUNSI, deadline for NRC staff to
                          complete information processing and file
                          motion for Protective Order and draft Non-
                          Disclosure Affidavit. Deadline for applicant/
                          licensee to file Non-Disclosure Agreement for
                          SUNSI.
190....................  (Receipt +180) If NRC staff finds standing,
                          need to know for SGI, and trustworthiness and
                          reliability, deadline for NRC staff to file
                          motion for Protective Order and draft Non-
                          disclosure Affidavit (or to make a
                          determination that the proposed recipient of
                          SGI is not trustworthy or reliable). Note:
                          Before the Office of Administration makes an
                          adverse determination regarding access, the
                          proposed recipient must be provided an
                          opportunity to correct or explain information.
205....................  Deadline for petitioner to seek reversal of a
                          final adverse NRC staff determination either
                          before the presiding officer or another
                          designated officer.
A......................  If access granted: Issuance of presiding
                          officer or other designated officer decision
                          on motion for protective order for access to
                          sensitive information (including schedule for
                          providing access and submission of
                          contentions) or decision reversing a final
                          adverse determination by the NRC staff.
A + 3..................  Deadline for filing executed Non-Disclosure
                          Affidavits. Access provided to SUNSI and/or
                          SGI consistent with decision issuing the
                          protective order.
A + 28.................  Deadline for submission of contentions whose
                          development depends upon access to SUNSI and/
                          or SGI. However, if more than 25 days remain
                          between the petitioner's receipt of (or access
                          to) the information and the deadline for
                          filing all other contentions (as established
                          in the notice of hearing or opportunity for
                          hearing), the petitioner may file its SUNSI or
                          SGI contentions by that later deadline.
A + 53.................  (Contention receipt +25) Answers to contentions
                          whose development depends upon access to SUNSI
                          and/or SGI.
A + 60.................  (Answer receipt +7) Petitioner/Intervenor reply
                          to answers
B......................  Decision on contention admission.
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[FR Doc. E9-3632 Filed 2-19-09; 8:45 am]
BILLING CODE 7590-01-P
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