PPL Bell Bend, LLC; Combined License Application for the Bell Bend Nuclear Power Plant; Notice of Hearing, Opportunity To Petition for Leave To Intervene, and Associated Order, 11606-11610 [E9-5810]

Download as PDF 11606 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices Federal Official, National Aeronautics and Space Administration, Washington, DC 20546, (202) 358–1894. SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID, before receiving an access badge. Foreign nationals attending this meeting will be required to provide a copy of their passport, visa, or green card in addition to providing the following information no less than 7 working days prior to the meeting: full name; gender; date/place of birth; citizenship; visa/green card information (number, type, expiration date); passport information (number, country, expiration date); employer/ affiliation information (name of institution, address, country, phone); and title/position of attendee. To expedite admittance, attendees with U.S. citizenship can provide identifying information 3 working days in advance by contacting Ms. Marla K. King via email at marla.k.king@nasa.gov or by telephone at (202) 358–1148. Persons with disabilities who require assistance should indicate this. Dated: March 11, 2009. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. E9–5847 Filed 3–17–09; 8:45 am] BILLING CODE 7510–13–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–039; NRC–2009–0112] tjames on PRODPC61 with NOTICES PPL Bell Bend, LLC; Combined License Application for the Bell Bend Nuclear Power Plant; Notice of Hearing, Opportunity To Petition for Leave To Intervene, and Associated Order 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 VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 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 October 10, 2008, filed by PPL Bell Bend, LLC, pursuant to Subpart C of 10 CFR Part 52, for a combined license (COL). The application, which was supplemented by the applicant by letters dated November 18, 2008, November 24, 2008, December 1, 2008, and December 8, 2008, requests approval of a COL for the Bell Bend Nuclear Power Plant to be located in Luzerne County, Pennsylvania. The application was accepted for docketing on December 19, 2008 (73 FR 79519). The docket number established for this application is 52–039. The Bell Bend Nuclear Power Plant COL application incorporates by reference the application for a standard Design Certification for the U. S. Evolutionary Power Reactor (EPR) submitted to NRC by AREVA NP on December 11, 2007. This design certification application was supplemented by letters dated February 7, 2008, and February 20, 2008. The U.S. EPR design certification application was accepted for docketing on February 25, 2008, and is the subject of an ongoing rulemaking under docket number 52–020. The hearing will be conducted by a Board that will be designated by the Chief Judge of the Atomic Safety and Licensing Board Panel or will be conducted by the Commission. Notice as to the membership of the Board will be published in the Federal Register at a later date. The NRC staff will complete a detailed technical review of the application and will document its findings in a safety evaluation report. The Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.87, ‘‘Referral to the ACRS,’’ and the ACRS will report on those portions of the application that concern safety. Any person whose interest may be affected by this proceeding and who desires to participate as a party 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 a leave to intervene must be filed no later than 60 days from the date of publication of this notice in the Federal Register. Non-timely filings will not be entertained absent a PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 determination by the Commission or presiding officer designated to rule on the petition, pursuant to the requirements of 10 CFR 2.309(c)(i) through (c)(viii). 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 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 NRCissued digital ID certificate). Each participant will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at https://www.nrc.gov/site-help/esubmittals/install-viewer.html. Information about applying for a digital ID certificate is available on NRC’s public Web site at https://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a participant has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at 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 E:\FR\FM\18MRN1.SGM 18MRN1 tjames on PRODPC61 with NOTICES Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 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 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 firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Non-timely requests and/or petitions and contentions will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board that the petition and/or request should be granted and/or the contentions should be admitted based on a balancing of the factors specified in 10 VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 CFR 2.309(c)(1)(i) through (c)(1)(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. Except as required by the regulations, 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 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 David A. Repka, Esq., drepka@winston.com, (202) 282–5726. Counsel for the NRC staff in this proceeding is Robert Weisman, robert.weisman@nrc.gov, (301) 415– 1696. 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. These limited appearance statements need not 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/ PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 11607 reactors/new-reactors/col/bellbend.html. The ADAMS accession number for the application cover letter is ML082140630. To search for documents in ADAMS using the Bell Bend Nuclear Power Plant COL application docket number 52–039, enter the term ‘‘05200039’’ in the ‘‘Docket Number’’ field when using either the web-based search (advanced search) engine or the ADAMS find tool in CITRIX. The AREVA Design Control Document (DCD), Rev. 0, which is incorporated by reference, can be found by going to https://www.nrc.gov/reactors/ new-reactors/design-cert/epr.html. To review available documents related to AREVA’s U.S. EPR design certification by using the docket number, enter the term ‘‘05200020’’ 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 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 E:\FR\FM\18MRN1.SGM 18MRN1 11608 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices tjames on PRODPC61 with NOTICES OGCmailcenter@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– 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. VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 3524.2 The other completed forms must be signed in original ink, accompanied by a check or money order payable in the amount of $200.00 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 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 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. 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. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 the recipient’s information protection systems are sufficient to protect SGI from inadvertent release or disclosure. Recipients may opt to view SGI at the NRC’s facility rather than establish their own SGI protection program to meet SGI protection requirements. 7. A request for access to SUNSI or SGI will be granted if: a. The request has demonstrated that there is a reasonable basis to believe that a potential party is likely to establish standing to intervene or to otherwise participate as a party in this proceeding; b. The proposed recipient of the information has demonstrated a need for SUNSI or a need to know for SGI, and that the proposed recipient of SGI is trustworthy and reliable; c. The proposed recipient of the information has executed a NonDisclosure Agreement or Affidavit and agrees to be bound by the terms of a Protective Order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI and/ or SGI; and d. The presiding officer has issued a protective order concerning the information or documents requested.4 Any protective order issued shall provide that the petitioner must file SUNSI or SGI contentions 25 days after receipt of (or access to) that information. However, if more than 25 days remain 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 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). E:\FR\FM\18MRN1.SGM 18MRN1 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices within 5 days, describing the obstacles to the agreement. 9. If the request for access to SUNSI is denied by the NRC staff or a request for access to SGI is denied by NRC staff either after a determination on standing and need to know or, later, after a determination on trustworthiness and reliability, the NRC staff shall briefly state the reasons for the denial. Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be provided an opportunity to correct or explain information. The requester may challenge the NRC staff’s adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI by filing a challenge within 5 days of receipt of that determination with (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. In the same manner, an SGI requester may challenge an adverse determination on trustworthiness and reliability by filing a challenge within 15 days of receipt of that determination. In the same manner, a party other than the requester may challenge an 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 11609 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 12th day of March 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. 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. 10 ............................ 60 ............................ 20 ............................ 25 ............................ 30 ............................ 40 ............................ 190 .......................... 205 .......................... tjames on PRODPC61 with NOTICES A .............................. 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 VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 filing requirements of that rule apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI/SGI PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 requests submitted to the NRC staff under these procedures. E:\FR\FM\18MRN1.SGM 18MRN1 11610 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices Day Event/activity A + 3 ....................... 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. A + 28 ..................... A + 53 ..................... A + 60 ..................... B .............................. [FR Doc. E9–5810 Filed 3–17–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 03033722, License No. 31– 30187, EA–08–158; NRC–2009–0118] In the Matter of Quality Inspection Services, Inc.: Confirmatory Order Modifying License (Effective Immediately) I Quality Inspection Services, Inc. (QISI) (Licensee) is the holder of a byproduct materials license issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 34. The license was last renewed on November 28, 2005 (Amendment 8), and was last amended on March 11, 2008 (Amendment 12). The license authorizes the operation of the QISI facility in accordance with conditions specified therein. The facility is located on the Licensee’s site in Manchester, Connecticut. tjames on PRODPC61 with NOTICES II The NRC Office of Investigations (OI) initiated an investigation on March 16, 2007, in part, to determine whether QISI willfully performed unauthorized radiography operations. Based on the evidence developed during the OI investigation, which was completed on November 30, 2007, the NRC identified an apparent willful violation involving QISI failing to maintain utilization logs for sealed sources, as required by 10 CFR 34.71. A description of this apparent violation and a factual summary of the results of the investigation were sent to QISI in an NRC letter dated August 15, 2008. At the NRC’s request, QISI attended a predecisional enforcement conference (PEC) on August 27, 2008, to discuss the apparent violation and the results of the OI investigation. After considering the information presented in the PEC and the evidence developed during the investigation, the NRC determined that the violation occurred and was willful. VerDate Nov<24>2008 14:48 Mar 17, 2009 Jkt 217001 Specifically, between November 15, 2006, and March 2, 2007, QISI’s former site radiation safety officer (RSO) willfully failed to log the following information for each sealed source: (1) A description of the radiographic exposure device or transport or storage container in which the sealed source is located; (2) the identity and signature of the assigned radiographer; and, (3) the plant or site where the source was used, and when, including the dates on which the source was removed and returned to storage. In a letter dated September 15, 2008, the NRC issued QISI a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the amount of $6,500 for this violation. Because the violation was willful, the September 15, 2008 NRC letter included an offer to QISI to use the Alternative Dispute Resolution (ADR) program, in an attempt to resolve any issues it had with the enforcement action. The ADR program is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement on resolving any differences regarding the dispute. In response, on October 22, 2008, QISI requested the use of the ADR program. III On January 22, 2009, the NRC and QISI met in an ADR session mediated by a professional mediator, arranged through Cornell University’s Scheinman Institute on Conflict Resolution. During that ADR session, a preliminary settlement agreement was reached. This Confirmatory Order is the result of that agreement, the elements of which consisted of the following: 1. The NRC and QISI agree that the violation of 10 CFR 34.71, referenced in the NRC letter, dated September 15, 2008, occurred, as stated in the referenced Notice. 2. As documented in the September 15, 2008 NRC letter, QISI has taken several corrective actions in response to the willful violation, as well as other violations identified in the Notice of Violation and Proposed Imposition of Civil Penalty. Those actions, which the NRC agrees were prompt and PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 comprehensive include: ensuring that employees involved in radiography activities have reviewed QISI’s Operations and Emergency (O&E) Manual, and reinforcing expectations regarding the existing Employee Concerns Program, specifically emphasizing the opportunity for employees to raise safety concerns. 3. As a result of the ADR session, QISI agrees to take the following additional actions: a. Revise the existing O&E Manual to emphasize the importance of safe performance of radiography, strict compliance with requirements, all staff being complete and accurate in all communications, and all staff understanding that engaging in any willful misconduct will not be tolerated. b. Retrain all employees regarding the revisions to the O&E manual. c. Add a radiation safety component to the existing Corporate Newsletter, to be issued at least quarterly, focusing on radiation safety updates. In the first newsletter issued following the NRC Confirmatory Order confirming these commitments, the front page of that newsletter will include a message from the QISI President which emphasizes the importance of safe performance of radiography, strict compliance with requirements, all staff being complete and accurate in all communications, and all staff understanding that engaging in any willful misconduct will not be tolerated. d. Develop a video recording (DVD) that will be required viewing by all company employees who are involved in any manner in activities subject to NRC jurisdiction, and will also be placed on the QISI Web site for employee viewing and access. The video will include opening remarks by either the QISI President or the QISI Executive Vice President providing the expectations set forth in the Corporate Newsletter described in Item 3.c. e. Place the DVD referenced in Item 3.d on the QISI public Web site, and offer to make the DVD available for a presentation at a national industry conference (e.g. American Society for Nondestructive Testing). E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11606-11610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5810]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 52-039; NRC-2009-0112]


PPL Bell Bend, LLC; Combined License Application for the Bell 
Bend Nuclear Power Plant; Notice of Hearing, Opportunity To Petition 
for Leave To Intervene, and Associated Order

    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 October 10, 
2008, filed by PPL Bell Bend, LLC, pursuant to Subpart C of 10 CFR Part 
52, for a combined license (COL). The application, which was 
supplemented by the applicant by letters dated November 18, 2008, 
November 24, 2008, December 1, 2008, and December 8, 2008, requests 
approval of a COL for the Bell Bend Nuclear Power Plant to be located 
in Luzerne County, Pennsylvania. The application was accepted for 
docketing on December 19, 2008 (73 FR 79519). The docket number 
established for this application is 52-039. The Bell Bend Nuclear Power 
Plant COL application incorporates by reference the application for a 
standard Design Certification for the U. S. Evolutionary Power Reactor 
(EPR) submitted to NRC by AREVA NP on December 11, 2007. This design 
certification application was supplemented by letters dated February 7, 
2008, and February 20, 2008. The U.S. EPR design certification 
application was accepted for docketing on February 25, 2008, and is the 
subject of an ongoing rulemaking under docket number 52-020.
    The hearing will be conducted by a Board that will be designated by 
the Chief Judge of the Atomic Safety and Licensing Board Panel or will 
be conducted by the Commission. Notice as to the membership of the 
Board will be published in the Federal Register at a later date. The 
NRC staff will complete a detailed technical review of the application 
and will document its findings in a safety evaluation report. The 
Commission will refer a copy of the application to the Advisory 
Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.87, 
``Referral to the ACRS,'' and the ACRS will report on those portions of 
the application that concern safety.
    Any person whose interest may be affected by this proceeding and 
who desires to participate as a party 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 a leave to intervene must be filed no later than 60 
days from the date of publication of this notice in the Federal 
Register. Non-timely filings will not be entertained absent a 
determination by the Commission or presiding officer designated to rule 
on the petition, pursuant to the requirements of 10 CFR 2.309(c)(i) 
through (c)(viii).
    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 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

[[Page 11607]]

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 requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i) through (c)(1)(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. Except as required by the regulations, 
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 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 David A. Repka, Esq., 
drepka@winston.com, (202) 282-5726. Counsel for the NRC staff in this 
proceeding is Robert Weisman, robert.weisman@nrc.gov, (301) 415-1696.
    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. These 
limited appearance statements need not 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/bell-bend.html. The ADAMS 
accession number for the application cover letter is ML082140630. To 
search for documents in ADAMS using the Bell Bend Nuclear Power Plant 
COL application docket number 52-039, enter the term ``05200039'' in 
the ``Docket Number'' field when using either the web-based search 
(advanced search) engine or the ADAMS find tool in CITRIX. The AREVA 
Design Control Document (DCD), Rev. 0, which is incorporated by 
reference, can be found by going to https://www.nrc.gov/reactors/new-
reactors/design-cert/epr.html. To review available documents related to 
AREVA's U.S. EPR design certification by using the docket number, enter 
the term ``05200020'' in the ADAMS ``Docket Number'' field.

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

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

[[Page 11608]]

OGCmailcenter@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 301-492-3524.\2\ The other completed forms must be signed in 
original ink, accompanied by a check or money order payable in the 
amount of $200.00 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 TWB-05 
B32M, 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 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

[[Page 11609]]

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 12th day of March 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.

[[Page 11610]]

 
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.
------------------------------------------------------------------------

[FR Doc. E9-5810 Filed 3-17-09; 8:45 am]
BILLING CODE 7590-01-P
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