Florida Power & Light Company; Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation, 44405-44409 [E9-20808]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Notices]
[Pages 44405-44409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20808]



[[Page 44405]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0369; Docket Nos. 50-250 and 50-251]


Florida Power & Light Company; Notice of Consideration of 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information (SUNSI) for Contention 
Preparation

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
DPR-31 and DPR-41, issued to Florida Power & Light Company (the 
licensee), for operation of Turkey Point, Units 3 and 4 located in 
Florida City, Florida.
    The proposed amendment would revise the TS 6.8.4.j, Steam Generator 
(SG) Surveillance Program and TS 6.9.1.8, Steam Generator Tube 
Inspection Report. The purpose of these modifications is to revise the 
scope of the inservice inspections required in the tubesheet regions of 
the Turkey Point Units 3 and 4 SGs. The amendment application dated 
July 23, 2009, contains sensitive unclassified non-safeguards 
information (SUNSI).
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR), Sec.  50.92, this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. The proposed changes do not involve a significant increase in 
the probability or consequences of an accident previously evaluated.
    Of the applicable accidents previously evaluated, the limiting 
transients with consideration to the proposed change to the SG tube 
inspection and repair criteria are the SG tube rupture (SGTR) event 
and the steam line break (SLB) postulated accident.
    During the SGTR event, the required structural integrity margins 
of the SG tubes and the tube-to-tubesheet joint over the H* distance 
will be maintained. Tube rupture in tubes with cracks within the 
tubesheet is precluded by the constraint provided by the presence of 
the tubesheet and the tube-to-tubesheet joint. Tube burst cannot 
occur within the thickness of the tubesheet. The tube-to-tubesheet 
joint constraint results from the hydraulic expansion process, 
thermal expansion mismatch between the tube and tubesheet, and from 
the differential pressure between the primary and secondary side, 
and tubesheet rotation. Based on this design, the structural margins 
against burst, as discussed in Regulatory Guide (RG) 1.121, ``Bases 
for Plugging Degraded PWR Steam Generator Tubes'' [Reference 7] and 
NEI [Nuclear Energy Institute] 97-06, ``Steam Generator Program 
Guidelines'' [Reference 3], are maintained for both normal and 
postulated accident conditions. For the portion of the tube outside 
of the tubesheet, the proposed change also has no impact on the 
structural or leakage integrity. Therefore, the proposed change does 
not result in a significant increase in the probability of the 
occurrence of an SGTR accident.
    At normal operating pressures, leakage from tube degradation 
below the proposed limited inspection depth is limited by the tube-
to-tubesheet crevice. Consequently, negligible normal operating 
leakage is expected from degradation below the inspected depth 
within the tubesheet region. The consequences of an SGTR event are 
not affected by the primary to secondary leakage flow during the 
event as primary to secondary leakage flow through a postulated tube 
that has been pulled out of the tubesheet, which would constitute a 
failure to meet H*, is considered to be equivalent to a tube 
rupture. Therefore, the proposed change does not result in a 
significant increase in the consequences of an SGTR event. In 
addition, the selected H* value envelopes the depth within the 
tubesheet required to prevent a tube pullout.
    The probability of a SLB is unaffected by the potential failure 
of a SG tube as the failure of a tube is not an initiator for a SLB 
event.
    The leak rate factor of 1.82 for Turkey Point Units 3 and 4, for 
a postulated SLB, has been calculated as shown in Table 9-7 of 
Reference 2, Westinghouse Electric Company WCAP-17091-P, H*: 
Alternative Repair Criteria for the tubesheet Expansion Region in 
Steam Generators with Hydraulically Expanded Tubes (Model 44F). 
Turkey Point Units 3 and 4 will apply the factor of 1.82 to the 
normal operating leakage associated with the tubesheet expansion 
region in the condition monitoring (CM) and operational assessment 
(OA). Through application of the limited tubesheet inspection scope, 
the existing operating leakage limit provides assurance that 
excessive leakage (i.e., greater than accident analysis assumptions) 
will not occur. Multiplying the leak rate factor of 1.82 by the TS 
operational leak rate limit of 150 gpd (at room temperature) through 
any one SG indicates that an assumed primary to secondary accident 
induced leak rate of 273 gpd or greater through any one SG is 
required to ensure that the limiting design basis accident 
assumption is not exceeded. This condition is satisfied by the 
current UFSAR [Updated Final Safety Analysis Report] assumed primary 
to secondary accident induced leak rate of 500 gpd (355 gpd adjusted 
to room temperature) through any one SG for SLB. Since the existing 
limits on operational leakage continue to ensure that the SLB 
assumed accident induced leakage will not be exceeded, the 
consequences of a SLB accident are not increased.
    For the CM assessment, the component of leakage from the prior 
cycle from below the H* distance will be multiplied by a factor of 
1.82 and added to the total leakage from any other source and 
compared to the allowable accident induced leak rate. For the OA, 
the difference in the leakage between the allowable leakage and the 
calculated accident induced leakage from sources other than the 
tubesheet expansion region will be divided by 1.82 and compared to 
the observed operational leakage.
    The previously analyzed accidents are initiated by the failure 
of plant structures, systems, or components. The proposed change 
that alters the SG inspection and reporting criteria does not have a 
detrimental impact on the integrity of any plant structure, system, 
or component that initiates an analyzed event. The proposed change 
will not alter the operation of, or otherwise increase the failure 
probability of any plant equipment that initiates an analyzed 
accident.
    Based on the above, the proposed change does not involve a 
significant increase in the probability or consequences of an 
accident previously evaluated.
    2. The proposed changes do not create the possibility of a new 
or different kind of accident from any previously evaluated.
    The proposed change that alters the SG inspection and reporting 
criteria does not introduce any new equipment, create new failure 
modes for existing equipment, or create any new limiting single 
failures. Plant operation will not be altered, and all safety 
functions will continue to perform as previously assumed in accident 
analyses.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any previously 
evaluated.
    3. The proposed changes do not involve a significant reduction 
in the margin of safety. The proposed change defines the safety 
significant portion of the tube that must be inspected and repaired. 
WCAP-17091-P identifies the specific inspection depth below which 
any type of tube degradation is shown to have no impact on the 
performance criteria in NEI 97-06 Rev. 2, ``Steam Generator Program 
Guidelines'' [Reference 3] and TS 6.8.4.j, ``Steam Generator (SG) 
Program.''
    The proposed change that alters the SG inspection and reporting 
criteria maintains the required structural margins of the SG tubes 
for both normal and accident conditions. Nuclear Energy Institute 
97-06, ``Steam Generator Program Guidelines''

[[Page 44406]]

[Reference 3], and NRC Regulatory Guide (RG) 1.121, ``Bases for 
Plugging Degraded PWR Steam Generator Tubes'' [Reference 7], are 
used as the bases in the development of the limited tubesheet 
inspection depth methodology for determining that SG tube integrity 
considerations are maintained within acceptable limits. RG 1.121 
describes a method acceptable to the NRC for meeting General Design 
Criteria (GDC) 14, ``Reactor Coolant Pressure Boundary,'' GDC 15, 
``Reactor Coolant System Design,'' GDC 31, ``Fracture Prevention of 
Reactor Coolant Pressure Boundary,'' and GDC 32, ``Inspection of 
Reactor Coolant Pressure Boundary,'' by reducing the probability and 
consequences of a SGTR. RG 1.121 concludes that by determining the 
limiting safe conditions for tube wall degradation, the probability 
and consequences of a SGTR are reduced. This RG uses safety factors 
on loads for tube burst that are consistent with the requirements of 
Section III of the American Society of Mechanical Engineers (ASME) 
Code.
    For axially oriented cracking located within the tubesheet, tube 
burst is precluded due to the presence of the tubesheet. For 
circumferentially oriented cracking, Westinghouse WCAP-17091-P 
defines a length of degradation-free expanded tubing that provides 
the necessary resistance to tube pullout due to the pressure induced 
forces, with applicable safety factors applied. Application of the 
limited hot and cold leg tubesheet inspection criteria will preclude 
unacceptable primary to secondary leakage during all plant 
conditions. The SLB leak rate factor for Turkey Point Units 3 and 4 
is 1.82 (Table 9-7 in WCAP-17091-P). Multiplying this factor by the 
room temperature TS operational leak rate limit of 150 gpd through 
any one SG indicates that an assumed primary to secondary accident 
induced leak rate of 273 gpd or greater through any one SG is 
required to ensure that the limiting design basis accident 
assumption is not exceeded (at room temperature). This condition is 
satisfied by the current UFSAR assumed primary to secondary accident 
induced leak rate of 500 gpd (355 gpd adjusted to room temperature) 
through any one SG for SLB.
    Therefore, the proposed change does not involve a significant 
reduction in any margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rulemaking, 
Directives and Editing Branch (RDB), TWB-05-B01M, Division of 
Administrative Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and should cite the 
publication date and page number of this Federal Register notice. 
Written comments may also be faxed to the RDB at 301-492-3446. 
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.
    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license. 
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, which is available 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 from the Agencywide 
Documents Access and Management System's (ADAMS) Public Electronic 
Reading Room on the Internet at the NRC Web site, https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, 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 
shall set forth with particularity the interest of the petitioner 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 
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 
amendment under consideration. The contention must be one which, if 
proven, would entitle the petitioner 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 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.

[[Page 44407]]

    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, any hearing held 
would take place before the issuance of any amendment.
    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 of E-Filing, at least 
ten (10) days prior to the filing deadline, the petitioner/requestor 
must 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 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/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor 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/sitehelp/esubmittals/installviewer.html. Information about applying for a digital ID 
certificate is available on NRC's public Web site at https://www.nrc.gov/sitehelp/esubmittals/apply-certificates.html.
    Once a petitioner/requestor has obtained a digital ID certificate, 
had a docket created, and downloaded the EIE viewer, it can then submit 
a request for hearing or petition for leave to intervene. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the filer submits its documents through EIE. To be timely, an 
electronic filing must be submitted to the EIE system no later than 
11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail notice that provides access to 
the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can 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 Meta-System Help Desk, which is 
available between 8 a.m. and 8 p.m., Eastern Time, Monday through 
Friday, excluding government holidays. 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 a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by: (1) First class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by 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 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).
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings, 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 submissions.
    For further details with respect to this license amendment 
application, see the application for amendment dated July 23, 2009, 
which is available for public inspection at the Commission's PDR, 
located at One White Flint North, File Public Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland. Publicly available 
records will be accessible electronically from the Agencywide Documents 
Access and Management System's (ADAMS) Public Electronic Reading Room 
on the Internet at the NRC Web site, https://www.nrc.gov/readingrm/adams.html. Persons who do not have access to ADAMS or who encounter 
problems in accessing the 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.

[[Page 44408]]

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information.
    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 is necessary for a response to the notice 
may request access to such information. 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 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 
address 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:
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    \1\ See footnote 4. 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 under these procedures should be submitted as described 
in this paragraph.
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    a. A description of the licensing action with a citation to this 
Federal Register notice of 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 potential licensing action;
    c. 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;
    4. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.c, 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.
    5. A request for access to SUNSI 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;
    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
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\2\ Any protective order issued 
shall provide that the petitioner must file SUNSI 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 contentions by that later deadline.
---------------------------------------------------------------------------

    \2\ If a presiding officer has not yet been designated, the 
Chief Administrative Judge will issue such orders, or will appoint a 
presiding officer to do so.
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    6. If the request for access to SUNSI is granted, the terms and 
conditions for access to such 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,\3\ 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 five (5) days, describing 
the obstacles to the agreement.
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    \3\ Parties/persons other than the requester and the NRC staff 
will be notified by the NRC staff of a favorable access 
determination (and may participate in the development of such a 
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by 
the release of the information (e.g., as with proprietary 
information).
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    7. If the request for access to SUNSI is denied by the NRC staff, 
the NRC staff shall briefly state the reasons for the denial. The 
requester may challenge the NRC staff's adverse determination with 
respect to access to SUNSI (including with respect to standing) by 
filing a challenge within five (5) days of receipt of that 
determination with (a) the presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to Sec.  2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    In the same manner, a party other than the requester may challenge 
an NRC staff determination granting access to SUNSI whose release would 
harm that party's interest independent of the proceeding. Such a 
challenge must be filed within five (5) days of the notification by the 
NRC staff of its grant of such a request.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\4\
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    \4\ As of October 15, 2007, the NRC's final ``E-Filing Rule'' 
became effective. See Use of Electronic Submissions in Agency 
Hearings (August 28, 2007; 72 FR 49139). 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 
requests submitted to the NRC staff under these procedures.
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    8. 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 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.

    Dated at Rockville, Maryland, this 21st day of August 2009.

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

[[Page 44409]]

Attachment 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information (SUNSI) in This Proceeding

----------------------------------------------------------------------------------------------------------------
                         Day                                                     Event
----------------------------------------------------------------------------------------------------------------
0...................................................  Publication of [Federal Register notice/other notice of
                                                       proposed action and opportunity for hearing], including
                                                       order with instructions for access requests.
10..................................................  Deadline for submitting requests for access to SUNSI with
                                                       information: Supporting the standing of a potential party
                                                       identified by name and address; and describing the need
                                                       for the information in order for the potential party to
                                                       participate meaningfully in an adjudicatory proceeding.
[20, 30 or 60]......................................  Deadline for submitting petition for intervention
                                                       containing: (i) Demonstration of standing; (ii) all
                                                       contentions whose formulation does not require access to
                                                       SUNSI (+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 need 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).
25..................................................  If NRC staff finds no ``need'' for SUNSI 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.
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 consistent with decision issuing
                                                       the protective order.
A+28................................................  Deadline for submission of contentions whose development
                                                       depends upon access to SUNSI. 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 contentions by that later deadline.
A+53 (Contention receipt +25).......................  Answers to contentions whose development depends upon
                                                       access to SUNSI.
A+60 (Answer receipt +7)............................  Petitioner/Intervenor reply to answers.
B...................................................  Decision on contention admission.
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[FR Doc. E9-20808 Filed 8-27-09; 8:45 am]
BILLING CODE 7590-01-P