Tennessee Valley Authority; Notice of Receipt of Update to Application for Facility Operating License and Notice of Opportunity for Hearing for the Watts Bar Nuclear Plant, Unit 2 and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation, 24044-24048 [E9-11903]
Download as PDF
<![CDATA[
24044
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–391; NRC–2008–0369]
erowe on PROD1PC63 with NOTICES
Tennessee Valley Authority; Notice of
Receipt of Update to Application for
Facility Operating License and Notice
of Opportunity for Hearing for the
Watts Bar Nuclear Plant, Unit 2 and
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and
Safeguards Information for Contention
Preparation
In accordance with the Commission’s
direction in its Staff Requirements
Memorandum SECY–07–0096, ‘‘Staff
Requirements—Possible Reactivation of
Construction and Licensing Activities
for the Watts Bar Nuclear Plant Unit 2,’’
dated July 25, 2007, and pursuant to the
Atomic Energy Act of 1954 (the Act), 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,’’ and 10 CFR Part
50, ‘‘Domestic Licensing of Production
and Utilization Facilities,’’ notice is
hereby given that, on March 4, 2009, the
U.S. Nuclear Regulatory Commission
(NRC, the Commission) has received an
update to the application for a facility
operating license (OL) from the
Tennessee Valley Authority (TVA or the
applicant) that would authorize TVA to
possess, use, and operate a second lightwater nuclear reactor (the facility),
Watts Bar Nuclear Plant (WBN) Unit 2,
located on the applicant’s site in Rhea
County, Tennessee. The unit would
operate at a steady-state power level of
3,411 megawatts thermal. The original
application dated June 30, 1976, was
found acceptable for docketing on
September 15, 1976, and ‘‘Notice of
Receipt of Application for Facility
Operating Licenses; Notice of
Consideration of Issuance of Facility
Operating Licenses; and Notice of
Opportunity for Hearing’’ for WBN
Units 1 and 2 was published in the
Federal Register on December 27, 1976
(41 FR 56244). On February 7, 1996, the
NRC issued a full-power OL to TVA to
operate WBN Unit 1 at this site.
However, TVA has not completed
construction of WBN Unit 2.
Construction of the facility was
authorized by Construction Permit No.
CPPR–92, issued by the Commission on
January 23, 1973. TVA has stated that it
expects to complete construction prior
to April 1, 2012.
Pursuant to the National
Environmental Policy Act, as amended,
and the Commission’s regulations in 10
CFR Part 51, on February 15, 2008, TVA
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
submitted to the NRC ‘‘Watts Bar
Nuclear Plant (WBN)—Unit 2—Final
Supplemental Environmental Impact
Statement [FSEIS] for the Completion
and Operation of Unit 2,’’ to the NRC in
support of its OL application for WBN
Unit 2. By letter dated January 27, 2009,
TVA submitted its ‘‘Final Supplemental
Environmental Impact Statement—
Severe Accident Management
Alternatives [SAMA],’’ to supplement
its FSEIS. After the staff has completed
its review of TVA’s FSEIS, the NRC will
prepare a draft supplement to
environmental impact statement related
to the operation of WBN Unit 2 (SEIS–
OL). Upon preparation of the draft
SEIS–OL, the Commission will, among
other things, cause to be published in
the Federal Register, a notice of
availability of the draft supplement,
requesting comments from interested
persons on the draft SEIS–OL. The
notice will also contain a statement to
the effect that any comments of Federal
agencies and State and local officials
will be made available when received.
The draft SEIS–OL will focus on matters
that differ from those previously
discussed in the final environmental
statement prepared in connection with
the issuance of the construction permits
and the WBN Unit 1 OL. Upon
consideration of comments submitted
with respect to the draft SEIS–OL, the
Commission’s staff will prepare a final
SEIS–OL, the availability of which will
be published in the Federal Register.
The NRC staff will complete a
detailed technical review of the
application and will document its
findings in Supplements to NUREG–
0847, ‘‘Safety Evaluation Report Related
to the Operation of Watts Bar Nuclear
Plant, Unit 2.’’
The Commission will consider the
issuance of the facility OL to TVA,
which would authorize the applicant to
possess, use and operate the WBN Unit
2 in accordance with the provisions of
the license and the technical
specifications appended thereto, upon:
(1) The completion of a favorable safety
evaluation of the application by the
Commission’s staff; (2) the completion
of the environmental review required by
the Commission’s regulations in 10 CFR
Part 51; (3) the receipt of a report on the
applicant’s application for the facility
OL by the Advisory Committee on
Reactor Safeguards; and (4) a finding by
the Commission that the application for
the facility licenses, as amended,
complies with the requirements of the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations in 10 CFR Chapter I.
The OL will not be issued until the
Commission has made the findings
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
reflecting its review of the application
under the Act, which will be set forth
in the proposed license, and has
concluded that the issuance of the
license will not be inimical to the
common defense and security or to the
health and safety of the public.
Within 60 days after the date of initial
publication of this notice in the Federal
Register on May 1, 2009 (74 FR 20350),
any person(s) whose interest may be
affected by this action and who desires
to participate as a party to this action
may file a written request for a hearing
and a petition to intervene with respect
to whether an OL should be issued.
Requests for a hearing and a petition for
leave to intervene shall be filed in
accordance with the Commission’s
‘‘Rules of Practice for Domestic
Licensing Proceedings’’ in 10 CFR Part
2.
Interested person(s) should consult a
current copy of 10 CFR 2.309, ‘‘Hearing
Requests, Petitions To Intervene,
Requirements for Standing, and
Contentions,’’ which is available at the
Commission’s Public Document Room
(PDR), located at One White Flint North,
Public File Area O–1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible from the Agencywide
Documents Access and Management
System (ADAMS) Public Electronic
Reading Room on the internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/.
Although the notice of the application
will be published once each week for 4
consecutive weeks in the Federal
Register, the 60-day period will only
begin upon the date of the first
publication of the notice.
If a request for a hearing or petition
for leave to intervene is filed within 60
days of the date of the initial notice, the
Commission or a presiding officer
designated by the Commission or by the
Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
As required by 10 CFR 2.309, a
petition for leave to intervene or request
for hearing shall set forth with
particularity the interest of the
petitioner/requestor in the proceeding,
and how that interest may be affected by
the results of the proceeding. The
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements: (1)
The name, address and telephone
E:\FR\FM\22MYN1.SGM
22MYN1
erowe on PROD1PC63 with NOTICES
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
number of the requestor or petitioner;
(2) the nature of the requestor’s/
petitioner’s right under the Act to be
made a party to the proceeding; (3) the
nature and extent of the requestor’s/
petitioner’s property, financial, or other
interest in the proceeding; and (4) the
possible effect of any decision or order
which may be entered in the proceeding
on the requestor’s/petitioner’s interest.
The petition must also identify the
specific contentions which the
petitioner/requestor seeks to have
litigated at the proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the petitioner/requestor shall
provide a brief explanation of the bases
for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner/requestor must
also provide references to those specific
sources and documents of which the
petitioner is aware and on which the
petitioner intends to rely to establish
those facts or expert opinion. The
petition must include sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact.
Contentions shall be limited to matters
within the scope of the licensing action
under consideration. The scope of the
hearing and intervention request is
limited to TVA’s application for an OL.
The contention must be one which, if
proven, would entitle the petitioner/
requestor to relief. A petitioner/
requestor who fails to satisfy these
requirements with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene shall
become parties to the proceeding,
subject to any limitations in the order
granting leave to intervene, and have the
opportunity to participate fully in the
conduct of the hearing.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated on August
28, 2007 (72 FR 49139). The E-Filing
process requires participants to submit
and serve all adjudicatory documents
over the Internet, or in some cases to
mail copies on electronic storage media.
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
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 associated with E-Filing,
at least 10 days prior to the filing
deadline, the requestor should contact
the Office of the Secretary by e-mail at
hearing.docket@nrc.gov or by calling
(301) 415–1677, to request (1) a digital
identification (ID) certificate that allows
the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any NRC proceeding in which
it is participating or (2) the creation of
an electronic docket for the proceeding
(even in instances when the requestor
(or its counsel or representative) already
holds an NRC-issued digital ID
certificate). Each requestor will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE) viewer,
which is 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
how to apply for a digital ID certificate
is also available on NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals/apply-certificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, he or she can then submit a
request for a hearing through EIE.
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
the document through EIE. To be timely,
electronic filings 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 document 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 hearing request is
filed so that they may obtain access to
the document via the E-Filing system.
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
24045
A person filing electronically using
the agency’s adjudicatory e-filing system
may seek assistance through the
‘‘Contact Us’’ link located on the NRC
Web site at https://www.nrc.gov/sitehelp/e-submittals.html or by calling the
NRC Electronic Filing Help Desk, which
is available between 8 a.m. and 8 p.m.,
eastern time, Monday through Friday,
excluding government holidays. The
toll-free help line number is (866) 672–
7640. A person filing electronically may
also seek assistance by sending an email to the NRC Electronic Filing Help
Desk at MSHD.resource@nrc.gov.
Participants who believe that they
have 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
(1) by 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) by 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 the 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 or the presiding officer of
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. eastern time on the due date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless they are excluded under an order
of the Commission, the 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 telephone numbers
in their filings. With respect to
E:\FR\FM\22MYN1.SGM
22MYN1
erowe on PROD1PC63 with NOTICES
24046
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
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.
For further details pertinent to the
matters under consideration, see the
application for the facility OL dated
June 30, 1975, as supplemented on
September 27, 1976, and as updated on
March 4, 2009, which are available for
public inspection at the Commission’s
PDR, located at One White Flint North,
Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville,
Maryland. Publicly available records
will be accessible electronically through
the ADAMS Public Electronic Reading
Room link on the internet at the NRC
Web site https://www.nrc.gov/readingrm/adams.html. Certain documents
included in the OL application contain
sensitive unclassified non-safeguards
information and safeguards information.
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 1–800–4209, 301–
415–4737, or by e-mail to
pdr.resources@nrc.gov. The OL
application and its supplement and
update are available at https://
www.nrc.gov/reactors/plant-specificitems/watts-bar.html. The ADAMS
accession numbers for the OL
application cover letter and supplement
cover letter are ML073400595 and
ML073381112, respectively. The
ADAMS accession number for the
update to the application is
ML090700378. The ADAMS accession
number for Supplement 21 to NUREG–
0847 is ML090570741. The ADAMS
accession number for the final safety
analysis report, as redacted under 10
CFR 2.390(d)(1), is ML090980525. The
redactions were made in compliance
with the NRC’s criteria on sensitive
information, as specified in SECY–04–
0191, ‘‘Withholding Sensitive
Unclassified Information Concerning
Nuclear Power Reactors From Public
Disclosure,’’ dated October 19, 2004
(ADAMS accession number
ML042310663), as modified by the NRC
Commission Staff Requirements
Memorandum SECY–04–0191, dated
November 9, 2004 (ADAMS accession
number ML043140175). To search for
other related documents in ADAMS
using the Watts Bar Nuclear Plant Unit
2 OL application docket number, 50–
391, enter the term ‘‘05000391’’ in the
‘‘Docket Number’’ field when using
either the Web-based search (advanced
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
search) engine or the ADAMS find tool
in Citrix.
Attorney for the applicant: Maureen
H. Dunn, Executive Vice President and
General Counsel, Tennessee Valley
Authority, 400 West Summit Hill Drive,
Knoxville, TN 37902.
1.This order contains instructions
regarding how potential parties to the
proceedings listed above may request
access to documents containing
sensitive unclassified non-safeguards
information and safeguards information
(SUNSI and SGI).
2. Within ten (10) days after
publication of this notice of opportunity
for hearing, 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 ten
(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, MD
20852. The e-mail addresses for the
Office of the Secretary and the Office of
the General Counsel are
hearing.docket@nrc.gov and
ogcmailcenter.resource@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 opportunity for
hearing;
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 $200.00 to the U.S.
Nuclear Regulatory Commission for
each individual, and mailed to the:
Office of Administration, Security
Processing Unit, Mail Stop TWB–05
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI and/or SGI
under these procedures should be submitted as
described in this paragraph.
2 The requester will be asked to provide his or her
full name, social security number, date and place
of birth, telephone number, and e-mail address.
After providing this information, the requester
usually should be able to obtain access to the online
form within one business day.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information (SUNSI) and
Safeguards Information (SGI) for
Contention Preparation, Tennessee
Valley Authority Watts Bar Nuclear
Plant, Unit 2, Located in Rhea County,
Tennessee
[Docket No. 50–391]
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
B32M, U.S. Nuclear Regulatory
Commission, 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 ten 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
erowe on PROD1PC63 with NOTICES
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
14:18 May 21, 2009
Jkt 217001
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
within ten (10) 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
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 00064
Fmt 4703
Sfmt 4703
24047
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 ten (10) 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 fifteen (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 ten (10) 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;
Aug. 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\22MYN1.SGM
22MYN1
24048
Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices
Dated at Rockville, Maryland, this 1st day
of May 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 (SUNSI) AND SAFEGUARDS INFORMATION (SGI) IN THIS PROCEEDING
Day
Event/Activity
0 .........................
Publication of notice of receipt of update to application for facility operating license and notice of opportunity for hearing, including order with instructions for access requests.
Deadline for submitting requests for access to SUNSI and/or SGI with information: supporting the standing of a potential
party identified by name and address; describing the need for the information in order for the potential party to participate
meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
NRC staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to
believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff
also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of
the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document
processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for
SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records
check), information processing (preparation of redactions or review of redacted documents), and readiness inspections.
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 ........................
BILLING CODE 7590–01–P
Licensing Board (Board) is being
established to preside over the following
proceeding:
NUCLEAR REGULATORY
COMMISSION
Detroit Edison Company Fermi Power
Plant
[FR Doc. E9–11903 Filed 5–21–09; 8:45 am]
[Docket No. 72–7–EA; ASLBP No. 09–888–
03–EA–BD01]
erowe on PROD1PC63 with NOTICES
Detroit Edison Company;
Establishment of Atomic Safety and
Licensing Board
Pursuant to delegation by the
Commission dated December 29, 1972
(37 FR 28710), and the Commission’s
regulations, see 10 CFR 2.106, 2.300,
2.313(a), and 2.318, notice is hereby
given that an Atomic Safety and
VerDate Nov<24>2008
14:18 May 21, 2009
Jkt 217001
(Independent Spent Fuel Storage
Installation)
This proceeding concerns a Petition to
Intervene dated May 7, 2009 from
Beyond Nuclear, et al., that was
submitted in response to an April 17,
2009 notice issued by the NRC Staff that
provided the Issuance of Order for
Implementation of Additional Security
Measures and Fingerprinting for
Unescorted Access to Detroit Edison
Company (74 FR 17890).
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
The Board is comprised of the
following administrative judges:
Ronald M. Spritzer, Chair, Atomic
Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Michael F. Kennedy, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Randall J. Charbeneau, Atomic Safety
and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
All correspondence, documents, and
other materials shall be filed in
accordance with the NRC E-Filing Rule,
which the NRC promulgated in August
2007 (72 FR 49139).
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Pages 24044-24048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11903]
[[Page 24044]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-391; NRC-2008-0369]
Tennessee Valley Authority; Notice of Receipt of Update to
Application for Facility Operating License and Notice of Opportunity
for Hearing for the Watts Bar Nuclear Plant, Unit 2 and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information for Contention Preparation
In accordance with the Commission's direction in its Staff
Requirements Memorandum SECY-07-0096, ``Staff Requirements--Possible
Reactivation of Construction and Licensing Activities for the Watts Bar
Nuclear Plant Unit 2,'' dated July 25, 2007, and pursuant to the Atomic
Energy Act of 1954 (the Act), 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,''
and 10 CFR Part 50, ``Domestic Licensing of Production and Utilization
Facilities,'' notice is hereby given that, on March 4, 2009, the U.S.
Nuclear Regulatory Commission (NRC, the Commission) has received an
update to the application for a facility operating license (OL) from
the Tennessee Valley Authority (TVA or the applicant) that would
authorize TVA to possess, use, and operate a second light-water nuclear
reactor (the facility), Watts Bar Nuclear Plant (WBN) Unit 2, located
on the applicant's site in Rhea County, Tennessee. The unit would
operate at a steady-state power level of 3,411 megawatts thermal. The
original application dated June 30, 1976, was found acceptable for
docketing on September 15, 1976, and ``Notice of Receipt of Application
for Facility Operating Licenses; Notice of Consideration of Issuance of
Facility Operating Licenses; and Notice of Opportunity for Hearing''
for WBN Units 1 and 2 was published in the Federal Register on December
27, 1976 (41 FR 56244). On February 7, 1996, the NRC issued a full-
power OL to TVA to operate WBN Unit 1 at this site. However, TVA has
not completed construction of WBN Unit 2. Construction of the facility
was authorized by Construction Permit No. CPPR-92, issued by the
Commission on January 23, 1973. TVA has stated that it expects to
complete construction prior to April 1, 2012.
Pursuant to the National Environmental Policy Act, as amended, and
the Commission's regulations in 10 CFR Part 51, on February 15, 2008,
TVA submitted to the NRC ``Watts Bar Nuclear Plant (WBN)--Unit 2--Final
Supplemental Environmental Impact Statement [FSEIS] for the Completion
and Operation of Unit 2,'' to the NRC in support of its OL application
for WBN Unit 2. By letter dated January 27, 2009, TVA submitted its
``Final Supplemental Environmental Impact Statement--Severe Accident
Management Alternatives [SAMA],'' to supplement its FSEIS. After the
staff has completed its review of TVA's FSEIS, the NRC will prepare a
draft supplement to environmental impact statement related to the
operation of WBN Unit 2 (SEIS-OL). Upon preparation of the draft SEIS-
OL, the Commission will, among other things, cause to be published in
the Federal Register, a notice of availability of the draft supplement,
requesting comments from interested persons on the draft SEIS-OL. The
notice will also contain a statement to the effect that any comments of
Federal agencies and State and local officials will be made available
when received. The draft SEIS-OL will focus on matters that differ from
those previously discussed in the final environmental statement
prepared in connection with the issuance of the construction permits
and the WBN Unit 1 OL. Upon consideration of comments submitted with
respect to the draft SEIS-OL, the Commission's staff will prepare a
final SEIS-OL, the availability of which will be published in the
Federal Register.
The NRC staff will complete a detailed technical review of the
application and will document its findings in Supplements to NUREG-
0847, ``Safety Evaluation Report Related to the Operation of Watts Bar
Nuclear Plant, Unit 2.''
The Commission will consider the issuance of the facility OL to
TVA, which would authorize the applicant to possess, use and operate
the WBN Unit 2 in accordance with the provisions of the license and the
technical specifications appended thereto, upon: (1) The completion of
a favorable safety evaluation of the application by the Commission's
staff; (2) the completion of the environmental review required by the
Commission's regulations in 10 CFR Part 51; (3) the receipt of a report
on the applicant's application for the facility OL by the Advisory
Committee on Reactor Safeguards; and (4) a finding by the Commission
that the application for the facility licenses, as amended, complies
with the requirements of the Atomic Energy Act of 1954, as amended (the
Act), and the Commission's regulations in 10 CFR Chapter I.
The OL will not be issued until the Commission has made the
findings reflecting its review of the application under the Act, which
will be set forth in the proposed license, and has concluded that the
issuance of the license will not be inimical to the common defense and
security or to the health and safety of the public.
Within 60 days after the date of initial publication of this notice
in the Federal Register on May 1, 2009 (74 FR 20350), any person(s)
whose interest may be affected by this action and who desires to
participate as a party to this action may file a written request for a
hearing and a petition to intervene with respect to whether an OL
should be issued. Requests for a hearing and a petition for leave to
intervene shall be filed in accordance with the Commission's ``Rules of
Practice for Domestic Licensing Proceedings'' in 10 CFR Part 2.
Interested person(s) should consult a current copy of 10 CFR 2.309,
``Hearing Requests, Petitions To Intervene, Requirements for Standing,
and Contentions,'' which is available at the Commission's Public
Document Room (PDR), located at One White Flint North, Public File Area
O-1F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
Publicly available records will be accessible from the Agencywide
Documents Access and Management System (ADAMS) Public Electronic
Reading Room on the internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. Although the notice of the application
will be published once each week for 4 consecutive weeks in the Federal
Register, the 60-day period will only begin upon the date of the first
publication of the notice.
If a request for a hearing or petition for leave to intervene is
filed within 60 days of the date of the initial notice, the Commission
or a presiding officer designated by the Commission or by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
will rule on the request and/or petition; and the Secretary or the
Chief Administrative Judge of the Atomic Safety and Licensing Board
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene or
request for hearing shall set forth with particularity the interest of
the petitioner/requestor in the proceeding, and how that interest may
be affected by the results of the proceeding. The petition should
specifically explain the reasons why intervention should be permitted
with particular reference to the following general requirements: (1)
The name, address and telephone
[[Page 24045]]
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the
licensing action under consideration. The scope of the hearing and
intervention request is limited to TVA's application for an OL. The
contention must be one which, if proven, would entitle the petitioner/
requestor to relief. A petitioner/requestor who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene shall become parties to the
proceeding, subject to any limitations in the order granting leave to
intervene, and have the opportunity to participate fully in the conduct
of the hearing.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the Internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek a waiver in accordance with the procedures
described below.
To comply with the procedural requirements associated with E-
Filing, at least 10 days prior to the filing deadline, the requestor
should contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov or by calling (301) 415-1677, to request (1) a
digital identification (ID) certificate that allows the participant (or
its counsel or representative) to digitally sign documents and access
the E-Submittal server for any NRC proceeding in which it is
participating or (2) the creation of an electronic docket for the
proceeding (even in instances when the requestor (or its counsel or
representative) already holds an NRC-issued digital ID certificate).
Each requestor will need to download the Workplace Forms
ViewerTM to access the Electronic Information Exchange (EIE)
viewer, which is 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 how to apply for a digital ID certificate is also available on
NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, he or she can then
submit a request for a hearing through EIE. 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 the document through EIE. To be timely, electronic filings 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 document 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 hearing request is filed so that they may obtain access to the
document via the E-Filing system.
A person filing electronically using the agency's adjudicatory e-
filing system 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 Electronic Filing Help Desk,
which is available between 8 a.m. and 8 p.m., eastern time, Monday
through Friday, excluding government holidays. The toll-free help line
number is (866) 672-7640. A person filing electronically may also seek
assistance by sending an e-mail to the NRC Electronic Filing Help Desk
at MSHD.resource@nrc.gov.
Participants who believe that they have 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 (1) by 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) by 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 the 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 or the presiding
officer of the Atomic Safety and Licensing Board that the petition and/
or request should be granted and/or the contentions should be admitted
based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii). To be timely, filings must be submitted no later than 11:59
p.m. eastern time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless they are excluded
under an order of the Commission, the 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 telephone numbers in their filings. With
respect to
[[Page 24046]]
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.
For further details pertinent to the matters under consideration,
see the application for the facility OL dated June 30, 1975, as
supplemented on September 27, 1976, and as updated on March 4, 2009,
which are available for public inspection at the Commission's PDR,
located at One White Flint North, Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible electronically through the ADAMS Public
Electronic Reading Room link on the internet at the NRC Web site https://www.nrc.gov/reading-rm/adams.html. Certain documents included in the
OL application contain sensitive unclassified non-safeguards
information and safeguards information. 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-
4209, 301-415-4737, or by e-mail to pdr.resources@nrc.gov. The OL
application and its supplement and update are available at https://www.nrc.gov/reactors/plant-specific-items/watts-bar.html. The ADAMS
accession numbers for the OL application cover letter and supplement
cover letter are ML073400595 and ML073381112, respectively. The ADAMS
accession number for the update to the application is ML090700378. The
ADAMS accession number for Supplement 21 to NUREG-0847 is ML090570741.
The ADAMS accession number for the final safety analysis report, as
redacted under 10 CFR 2.390(d)(1), is ML090980525. The redactions were
made in compliance with the NRC's criteria on sensitive information, as
specified in SECY-04-0191, ``Withholding Sensitive Unclassified
Information Concerning Nuclear Power Reactors From Public Disclosure,''
dated October 19, 2004 (ADAMS accession number ML042310663), as
modified by the NRC Commission Staff Requirements Memorandum SECY-04-
0191, dated November 9, 2004 (ADAMS accession number ML043140175). To
search for other related documents in ADAMS using the Watts Bar Nuclear
Plant Unit 2 OL application docket number, 50-391, enter the term
``05000391'' in the ``Docket Number'' field when using either the Web-
based search (advanced search) engine or the ADAMS find tool in Citrix.
Attorney for the applicant: Maureen H. Dunn, Executive Vice
President and General Counsel, Tennessee Valley Authority, 400 West
Summit Hill Drive, Knoxville, TN 37902.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI) for
Contention Preparation, Tennessee Valley Authority Watts Bar Nuclear
Plant, Unit 2, Located in Rhea County, Tennessee
[Docket No. 50-391]
1.This order contains instructions regarding how potential parties
to the proceedings listed above may request access to documents
containing sensitive unclassified non-safeguards information and
safeguards information (SUNSI and SGI).
2. Within ten (10) days after publication of this notice of
opportunity for hearing, 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 ten (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, MD 20852. The
e-mail addresses for the Office of the Secretary and the Office of the
General Counsel are hearing.docket@nrc.gov and
ogcmailcenter.resource@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 opportunity for hearing;
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: Office of Administration, Security
Processing Unit, Mail Stop TWB-05
[[Page 24047]]
B32M, U.S. Nuclear Regulatory Commission, 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 ten
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 within ten (10) 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 ten
(10) 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 fifteen (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 ten (10) 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; Aug. 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.
[[Page 24048]]
Dated at Rockville, Maryland, this 1st day of May 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
(SUNSI) and Safeguards Information (SGI) in This Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0............................. Publication of notice of receipt of
update to application for facility
operating license and notice of
opportunity for hearing, including
order with instructions for access
requests.
10............................ Deadline for submitting requests for
access to SUNSI and/or SGI with
information: supporting the standing of
a potential party identified by name
and address; describing the need for
the information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding; demonstrating that access
should be granted (e.g., showing
technical competence for access to
SGI); and, for SGI, including
application fee for fingerprint/
background check.
60............................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does not
require access to SUNSI and/or SGI (+25
Answers to petition for intervention;
+7 petitioner/requestor reply).
20............................ NRC staff informs the requester of the
staff's determination whether the
request for access provides a
reasonable basis to believe standing
can be established and shows (1) need
for SUNSI or (2) need to know for SGI.
(For SUNSI, NRC staff also informs any
party to the proceeding whose interest
independent of the proceeding would be
harmed by the release of the
information.) If NRC staff makes the
finding of need for SUNSI and
likelihood of standing, NRC staff
begins document processing (preparation
of redactions or review of redacted
documents). If NRC staff makes the
finding of need to know for SGI and
likelihood of standing, NRC staff
begins background check (including
fingerprinting for a criminal history
records check), information processing
(preparation of redactions or review of
redacted documents), and readiness
inspections.
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.
------------------------------------------------------------------------
[FR Doc. E9-11903 Filed 5-21-09; 8:45 am]
BILLING CODE 7590-01-P
