Notice of Opportunity To Request a Hearing for License Renewal Application From the University of Texas at Austin and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI) for Contention Preparation, 46626-46630 [E9-21893]
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46626
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices
6. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination.’’
7. Title 10 Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Function.’’
8. NUREG–1556, ‘‘Consolidated
Guidance about Material Licenses,’’
Volume 9.
9. NUREG–1757, ‘‘Consolidated
Decommissioning Guidance.’’
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov. These documents
may also be viewed electronically on
the public computers located at the
NRC’s PDR, O 1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
MD 20852. The PDR reproduction
contractor will copy documents for a
fee.
Dated at Lisle, Illinois, this 24th day of
August 2009.
For the Nuclear Regulatory Commission.
Christine A. Lipa,
Branch Chief, Materials Control, ISFSI, and
Decommissioning Branch, Division of Nuclear
Materials Safety, Region III.
[FR Doc. E9–21854 Filed 9–9–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–157; NRC–2009–0382]
Notice of Opportunity To Request a
Hearing for License Renewal
Application From the University of
Texas at Austin and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI) and Safeguards
Information (SGI) for Contention
Preparation
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DATES: A request for a hearing must be
filed by November 9, 2009.
FOR FURTHER INFORMATION CONTACT:
Rafael L. Rodriguez, Project Manager,
Fuel Manufacturing Branch, Division of
Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Mail Stop EBB–2–C40M,
15:13 Sep 09, 2009
Jkt 217001
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has received, by
letter dated December 13, 2007, an
application from the University of Texas
at Austin (UT or licensee) requesting
renewal of its Special Nuclear Materials
License No. SNM–180. License No.
SNM–180 authorizes the licensee to
receive title to, own, acquire, receive,
possess, use, and transfer plutonium
and uranium enriched up to 20% wt.
The licensee will use the licensed
material to supplement its training and
instruction programs in the field of
nuclear engineering. The licensed
material will be used in the UT Nuclear
Engineering Teaching Laboratory
located at the University’s J.J. Pickle
Research Campus (formerly known as
the Balcones Research Center).
An administrative review,
documented in a letter to UT dated
February 26, 2008, found the
application acceptable to begin a formal
technical review. If the NRC approves
the application, SNM–180 will be
renewed for a period of 10 years.
However, before approving the
proposed renewal, the NRC will need to
make the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the NRC’s regulations.
These findings will be documented in a
Safety Evaluation Report and an
Environmental Assessment or
Environmental Impact Statement.
II. Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of license renewal
application and opportunity to request a
hearing.
VerDate Nov<24>2008
Washington, DC 20555–0001,
Telephone: (301) 492–3111; Fax
number: (301) 492–3363; e-mail:
Rafael.Rodriguez@nrc.gov.
The NRC hereby provides notice that
this is a proceeding on an application to
renew License No. SNM–180 for the
University of Texas at Austin. Any
person whose interest may be affected
by this proceeding and who desires to
participate as a party, must file a request
for a hearing and a specification of the
contentions which the person seeks to
have litigated in the hearing, in
accordance with the NRC E-Filing rule,
which the NRC promulgated on August
28, 2007 (72 FR 49139). All documents
filed in NRC adjudicatory proceedings,
including documents filed by interested
governmental entities participating
under 10 CFR 2.315(c) and any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, must be filed in accordance
with the E-Filing rule. The E-Filing rule
requires participants to submit and
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serve documents over the Internet or, in
some cases, to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural
requirements of E-Filing, at least 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 NRCissued 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/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.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/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.,
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
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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/sitehelp/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, in
accordance with 10 CFR 2.302(g), file a
motion with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
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
social security numbers in their filings.
With respect to copyrighted works,
except for limited excerpts that serve
the purpose of the adjudicatory filings
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15:13 Sep 09, 2009
Jkt 217001
and would constitute a Fair Use
application, participants are requested
not to include copyrighted materials in
their submission.
The formal requirements for
documents contained in 10 CFR
2.304(c)–(e) must be met. If the NRC
grants an electronic document
exemption in accordance with 10 CFR
2.302(g)(3)), then the requirements for
paper documents, set forth in 10 CFR
2.304(b) must be met.
In accordance with 10 CFR 2.309(b),
a request for a hearing must be filed by
November 9, 2009.
In addition to meeting other
applicable requirements of 10 CFR
2.309, a request for a hearing must state:
1. The name, address, and telephone
number of the requester;
2. The nature of the requester’s right
under the Act to be made a party to the
proceeding;
3. The nature and extent of the
requester’s property, financial or other
interest in the proceeding;
4. The possible effect of any decision
or order that may be issued in the
proceeding on the requester’s interest;
and
5. The circumstances establishing that
the request for a hearing is timely in
accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1),
a request for hearing or petition for
leave to intervene must set forth with
particularity the contentions sought to
be raised. For each contention, the
request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact.
In addition, in accordance with 10
CFR 2.309(f)(2), contentions must be
based on documents or other
information available at the time the
petition is to be filed, such as the
application or other supporting
document filed by an applicant or
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licensee, or otherwise available to the
petitioner. The requester/petitioner may
amend those contentions or file new
contentions if there are data or
conclusions in the NRC documents that
differ significantly from the data or
conclusions in the applicant’s
documents. Otherwise, contentions may
be amended or new contentions filed
after the initial filing only with leave of
the presiding officer.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so, in accordance with the E–Filing rule,
within ten days of the date the
contention is filed, and designate a
representative who shall have the
authority to act for the requester/
petitioner.
In accordance with 10 CFR 2.309(g),
a request for hearing and/or petition for
leave to intervene may also address the
selection of the hearing procedures,
taking into account the provisions of 10
CFR 2.310.
III. Further Information
Documents related to this action,
including the application for renewal
and other supporting documentation,
are available electronically at the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
From this site, you can access the NRC’s
Agency wide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The ADAMS
accession numbers for the documents
related to this notice are:
1. ML080240243: Non-Sensitive
License Renewal Application for SNM–
180 (License No. SNM–180; Docket No.
70–157).
2. ML080420575: Acceptance of the
University of Texas-Austin’s License
Renewal Application and Notice of
Timely Renewal Status (TAC L32659).
3. ML092030534: Response to Request
for Additional Information in Support of
License Renewal Application for SNM–
180.
4. ML092030533: Revised NonSensitive License Renewal Application
for SNM–180 (License No. SNM–180;
Docket No. 70–157).
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices
Reference staff at 1–800–397–4209, 301–
415–4737 or by e-mail to
PDR.Resource@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s Public Document
Room, O 1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD
20852. The PDR reproduction contractor
will copy documents for a fee.
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Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information (SUNSI) and
Safeguards Information (SGI) for
Contention Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing sensitive
unclassified information (including
Sensitive Unclassified Non-Safeguards
Information (SUNSI) and Safeguards
Information (SGI)). Requirements for
access to SGI are primarily set forth in
10 CFR Parts 2 and 73. The intent of this
Order is to make those requirements
more specific to this proceeding;
however, nothing in this Order is
intended to conflict with the SGI
regulations.
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party as defined in 10 CFR 2.4
who believes access to SUNSI or SGI is
necessary for a response to the notice
may request access to SUNSI or SGI. A
‘‘potential party’’ is any person who
intends or may intend to participate as
a party by demonstrating standing and
filing an admissible contention under 10
CFR 2.309. Requests for access to SUNSI
or SGI submitted later than 10 days after
publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requester shall submit a letter
requesting permission to access SUNSI
and/or SGI to the Office of the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The e-mail address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCMailCenter.Resource@nrc.gov,
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15:13 Sep 09, 2009
Jkt 217001
respectively.1 The request must include
the following information:
(1) A description of the licensing
action with a citation to this Federal
Register notice of license renewal
application and opportunity to request a
hearing;
(2) 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 C.1);
(3) If the request is for SUNSI, the
identity of the individual or entity
requesting access to SUNSI and the
requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention;
(4) If the request is for SGI, the
identity of each individual who would
have access to SGI if the request is
granted, including the identity of any
expert, consultant, or assistant who will
aid the requester in evaluating the SGI.
In addition, the request must contain
the following information:
(a) A statement that explains each
individual’s ‘‘need to know’’ the SGI, as
required by 10 CFR 73.2 and 10 CFR
73.22(b)(1). Consistent with the
definition of ‘‘need to know’’ as stated
in 10 CFR 73.2, the statement must
explain:
(i) Specifically why the requestor
believes that the information is
necessary to enable the requestor to
proffer and/or adjudicate a specific
contention in this proceeding; 2 and
(ii) The technical competence
(demonstrable knowledge, skill, training
or education) of the requester to
effectively utilize the requested SGI 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 satisfies these criteria.
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 Broad SGI requests under these procedures are
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 or
non-adjudicatory access to SGI.
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(b) A completed Form SF–85,
‘‘Questionnaire for Non-Sensitive
Positions’’ for each individual who
would have access to SGI. The
completed Form SF–85 will be used by
the Office of Administration to conduct
the background check required for
access to SGI, as required by 10 CFR
Part 2, Subpart G, and 10 CFR
73.22(b)(2), to determine the requestor’s
trustworthiness and reliability. For
security reasons, Form SF–85 can only
be submitted electronically through the
electronic questionnaire for
investigations processing (e-QIP) Web
site, a secure Web site that is owned and
operated by the Office of Personnel
Management. To obtain online access to
the form, the requester should contact
the NRC’s Office of Administration at
301–492–3524.3
(c) A completed Form FD–258
(fingerprint card), signed in original ink,
and submitted in accordance with 10
CFR 73.57(d). Copies of Form FD–258
may be obtained by writing the Office of
Information Services, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–001, by calling (301) 415–
7232 or (301) 492–7311, or by e-mail to
Forms.Resource@nrc.gov. The
fingerprint card will be used to satisfy
the requirements of 10 CFR Part 2, 10
CFR 73.22(b)(1), and Section 149 of the
Atomic Energy Act of 1954, as amended,
which mandates that all persons with
access to SGI must be fingerprinted for
an FBI identification and criminal
history records check;
(d) A check or money order payable
in the amount of $ 200.00 4 to the U.S.
Nuclear Regulatory Commission for
each individual for whom the request
for access has been submitted, and
(e) If the requester or any individual
who will have access to SGI believes
they belong to one or more of the
categories of individuals that are exempt
from the criminal history records check
and background check requirements, as
stated in 10 CFR 73.59, the requestor
should also provide a statement
specifically stating which exemption the
requestor is invoking, and explaining
the requestor’s basis for believing that
the exemption is applicable. While
processing the request, the Office of
Administration, Personnel Security
Branch, will make a final determination
whether the stated exemption applies.
3 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.
4 This fee is subject to change pursuant to the
Office of Personnel Management’s adjustable billing
rates.
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Alternatively, the requestor may contact
the Office of Administration for an
evaluation of their exemption status
prior to submitting their request.
Persons who are exempt from the
background check are not required to
complete the SF–85 or Form FD–258,
however, all other requirements for
access to SGI, including the need to
know, are still applicable.
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Note: Copies of documents and materials
required by paragraphs C.4)(b), (c), and (d) of
this Order must be sent to the following
address: Office of Administration, U.S.
Nuclear Regulatory Commission, Personnel
Security Branch, Mail Stop TWB–05–B32M,
Washington, DC 20555–0012.
These documents and materials should not
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 required above.
D. To avoid delays in processing
requests for access to SGI, the requestor
should review all submitted materials
for completeness and accuracy
(including legibility) before submitting
them to the NRC. The NRC will return
incomplete packages to the sender
without processing.
E. Based on an evaluation of the
information submitted under paragraphs
C.3) or C.4) above, as applicable, the
NRC staff will determine within 10 days
of receipt of the written access request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI or
need to know the SGI requested.
F. For requests for access to SUNSI, if
the NRC staff determines that the
requestor satisfies both (E.1) and (E.2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but not be limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 5 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
G. For requests for access to SGI, if the
NRC staff determines that the requestor
5 Any
motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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15:13 Sep 09, 2009
Jkt 217001
has satisfied both (E.1) and (E.2) above,
the Office of Administration will then
determine, based upon completion of
the background check, whether the
proposed recipient is trustworthy and
reliable, as required for access to SGI by
10 CFR 73.22(b). If the Office of
Administration determines that the
individual or individuals are
trustworthy and reliable, the NRC will
promptly notify the requestor in writing.
The notification will provide the names
of approved individuals as well as the
conditions under which the SGI will be
provided. Those conditions may
include, but not be limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 6 by
each individual who will be granted
access to SGI.
H. Release and Storage of SGI. Prior
to providing SGI to the requestor, the
NRC staff will conduct (as necessary) an
inspection to confirm that the
recipient’s information protection
system is sufficient to satisfy the
requirements of 10 CFR 73.22.
Alternatively, recipients may opt to
view SGI at an approved SGI storage
location rather than establish their own
SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI or SGI must be filed by the
requestor no later than 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.
J. Review of Denials of Access
(1) If the request for access to SUNSI
or SGI is denied by the NRC staff either
after a determination on standing and
need to know, or after a determination
on trustworthiness and reliability, the
NRC staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of
Administration makes an adverse
determination regarding the proposed
recipient(s) trustworthiness and
reliability for access to SGI, the Office
6 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SGI must be
filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 180 days of the
deadline for the receipt of the written access
request.
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46629
of Administration, in accordance with
10 CFR 2.705(c)(3)(iii), must provide the
proposed recipient(s) any records that
were considered in the trustworthiness
and reliability determination, including
those required to be provided under 10
CFR 73.57(e)(1), so that the proposed
recipient is provided an opportunity to
correct or explain information.
(3) The requester may challenge the
NRC staff’s adverse determination with
respect to access to SUNSI by filing a
challenge within 5 days of receipt of
that determination with: (a) The
presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
(4) The requester may challenge the
NRC staff’s or Office of Administration’s
adverse determination with respect to
access to SGI by filing a request for
review in accordance with 10 CFR
2.705(c)(3)(iv). Further appeals of
decisions under this paragraph must be
made pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A party
other than the requester may challenge
an NRC staff determination granting
access to SUNSI or SGI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
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 2.311.7
L. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI or SGI, and motions for
protective orders, in a timely fashion in
order to minimize any unnecessary
delays in identifying those petitioners
7 As of October 15, 2007, the NRC’s final ‘‘E–
Filing Rule’’ became effective. See Use of Electronic
Submissions in Agency Hearings (72 FR 49139;
August 28, 2007). Requesters should note that the
filing requirements of that rule apply to appeals of
NRC staff determinations (because they must be
served on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI/SGI
requests submitted to the NRC staff under these
procedures.
E:\FR\FM\10SEN1.SGM
10SEN1
46630
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices
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.
It is so ordered.
Dated at Rockville, Maryland, this 3rd day
of September, 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 Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the
need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating
that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee
for fingerprint/background check.
Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for
SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be
harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC
staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding
of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal
history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections.
If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no 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.
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).
(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 to SGI,
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 ................
20 ................
25 ................
30 ................
40 ................
60 ................
190 ..............
205 ..............
A ..................
A + 3 ...........
A + 28 .........
A + 53 .........
A + 60 .........
>A + 60 .......
[FR Doc. E9–21893 Filed 9–9–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
erowe on DSK5CLS3C1PROD with NOTICES
[NRC–2009–0296]
Exelon Corporation and NRG South
Texas LP; Notice of Withdrawal of
Application for Indirect Transfer of
Control of Facility Operating Licenses
South Texas Project, Units 1 and 2
The U.S. Nuclear Regulatory
Commission (the Commission, NRC) has
granted the request of Exelon
Corporation (the applicant, Exelon) to
withdraw its January 29, 2009,
VerDate Nov<24>2008
15:13 Sep 09, 2009
Jkt 217001
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
application, as supplemented by letter
dated March 18, 2009, for the proposed
indirect transfer of control of the
following Facility Operating Licenses:
NRG South Texas LP (NRG South
Texas) Units:
South Texas Project (STP), Units 1
and 2, Facility Operating License
Nos. NPF–76 and NPF–80.
Exelon Generation Company, LLC
(Exelon Generation Company)
Units:
Braidwood Station, Units 1 and 2,
Facility Operating License Nos.
NPF–72 and NPF–77;
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46626-46630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21893]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-157; NRC-2009-0382]
Notice of Opportunity To Request a Hearing for License Renewal
Application From the University of Texas at Austin and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information (SUNSI) and Safeguards Information (SGI) for Contention
Preparation
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license renewal application and opportunity to
request a hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by November 9, 2009.
FOR FURTHER INFORMATION CONTACT: Rafael L. Rodriguez, Project Manager,
Fuel Manufacturing Branch, Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Mail Stop EBB-2-C40M, Washington, DC
20555-0001, Telephone: (301) 492-3111; Fax number: (301) 492-3363; e-
mail: Rafael.Rodriguez@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) has received, by
letter dated December 13, 2007, an application from the University of
Texas at Austin (UT or licensee) requesting renewal of its Special
Nuclear Materials License No. SNM-180. License No. SNM-180 authorizes
the licensee to receive title to, own, acquire, receive, possess, use,
and transfer plutonium and uranium enriched up to 20% wt. The licensee
will use the licensed material to supplement its training and
instruction programs in the field of nuclear engineering. The licensed
material will be used in the UT Nuclear Engineering Teaching Laboratory
located at the University's J.J. Pickle Research Campus (formerly known
as the Balcones Research Center).
An administrative review, documented in a letter to UT dated
February 26, 2008, found the application acceptable to begin a formal
technical review. If the NRC approves the application, SNM-180 will be
renewed for a period of 10 years. However, before approving the
proposed renewal, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended (the Act), and the NRC's
regulations. These findings will be documented in a Safety Evaluation
Report and an Environmental Assessment or Environmental Impact
Statement.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application to renew License No. SNM-180 for the University of Texas at
Austin. Any person whose interest may be affected by this proceeding
and who desires to participate as a party, must file a request for a
hearing and a specification of the contentions which the person seeks
to have litigated in the hearing, in accordance with the NRC E-Filing
rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). All
documents filed in NRC adjudicatory proceedings, including documents
filed by interested governmental entities participating under 10 CFR
2.315(c) and any motion or other document filed in the proceeding prior
to the submission of a request for hearing or petition to intervene,
must be filed in accordance with the E-Filing rule. The E-Filing rule
requires participants to submit and serve documents over the Internet
or, in some cases, to mail copies on electronic storage media.
Participants may not submit paper copies of their filings unless they
seek a waiver in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
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/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a 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
[[Page 46627]]
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, in accordance with 10 CFR
2.302(g), file a motion with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(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 social
security numbers in their filings. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3)), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by November 9, 2009.
In addition to meeting other applicable requirements of 10 CFR
2.309, a request for a hearing must state:
1. The name, address, and telephone number of the requester;
2. The nature of the requester's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requester's property, financial or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requester's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1), a request for hearing or
petition for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact.
In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the petition is to be filed, such as the application or other
supporting document filed by an applicant or licensee, or otherwise
available to the petitioner. The requester/petitioner may amend those
contentions or file new contentions if there are data or conclusions in
the NRC documents that differ significantly from the data or
conclusions in the applicant's documents. Otherwise, contentions may be
amended or new contentions filed after the initial filing only with
leave of the presiding officer.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so, in accordance with the E-Filing rule, within ten days of
the date the contention is filed, and designate a representative who
shall have the authority to act for the requester/petitioner.
In accordance with 10 CFR 2.309(g), a request for hearing and/or
petition for leave to intervene may also address the selection of the
hearing procedures, taking into account the provisions of 10 CFR 2.310.
III. Further Information
Documents related to this action, including the application for
renewal and other supporting documentation, are available
electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agency wide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The ADAMS
accession numbers for the documents related to this notice are:
1. ML080240243: Non-Sensitive License Renewal Application for SNM-
180 (License No. SNM-180; Docket No. 70-157).
2. ML080420575: Acceptance of the University of Texas-Austin's
License Renewal Application and Notice of Timely Renewal Status (TAC
L32659).
3. ML092030534: Response to Request for Additional Information in
Support of License Renewal Application for SNM-180.
4. ML092030533: Revised Non-Sensitive License Renewal Application
for SNM-180 (License No. SNM-180; Docket No. 70-157).
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR)
[[Page 46628]]
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to
PDR.Resource@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's Public Document Room, O 1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy documents for a fee.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI) for
Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR Parts
2 and 73. The intent of this Order is to make those requirements more
specific to this proceeding; however, nothing in this Order is intended
to conflict with the SGI regulations.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party as
defined in 10 CFR 2.4 who believes access to SUNSI or SGI is necessary
for a response to the notice may request access to SUNSI or SGI. A
``potential party'' is any person who intends or may intend to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
or SGI submitted later than 10 days after publication will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the
Associate General Counsel for Hearings, Enforcement and Administration,
Office of the General Counsel, Washington, DC 20555-0001. The expedited
delivery or courier mail address for both offices is: U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852.
The e-mail address for the Office of the Secretary and the Office of
the General Counsel are 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.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice of license renewal application and opportunity
to request a hearing;
(2) 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 C.1);
(3) If the request is for SUNSI, the identity of the individual or
entity requesting access to SUNSI and the requester's basis for the
need for the information in order to meaningfully participate in this
adjudicatory proceeding. In particular, the request must explain why
publicly-available versions of the information requested would not be
sufficient to provide the basis and specificity for a proffered
contention;
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requester in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically why the requestor believes that the information is
necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
---------------------------------------------------------------------------
\2\ Broad SGI requests under these procedures are 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 or non-adjudicatory
access to SGI.
---------------------------------------------------------------------------
(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requester to effectively utilize the
requested SGI 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 satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct the background check required for access to SGI, as required by
10 CFR Part 2, Subpart G, and 10 CFR 73.22(b)(2), to determine the
requestor's trustworthiness and reliability. For security reasons, Form
SF-85 can only be submitted electronically through the electronic
questionnaire for investigations processing (e-QIP) Web site, a secure
Web site that is owned and operated by the Office of Personnel
Management. To obtain online access to the form, the requester should
contact the NRC's Office of Administration at 301-492-3524.\3\
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 may be obtained by writing the Office of Information Services,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-001, by
calling (301) 415-7232 or (301) 492-7311, or by e-mail to
Forms.Resource@nrc.gov. The fingerprint card will be used to satisfy
the requirements of 10 CFR Part 2, 10 CFR 73.22(b)(1), and Section 149
of the Atomic Energy Act of 1954, as amended, which mandates that all
persons with access to SGI must be fingerprinted for an FBI
identification and criminal history records check;
(d) A check or money order payable in the amount of $ 200.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted, and
---------------------------------------------------------------------------
\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
---------------------------------------------------------------------------
(e) If the requester or any individual who will have access to SGI
believes they belong to one or more of the categories of individuals
that are exempt from the criminal history records check and background
check requirements, as stated in 10 CFR 73.59, the requestor should
also provide a statement specifically stating which exemption the
requestor is invoking, and explaining the requestor's basis for
believing that the exemption is applicable. While processing the
request, the Office of Administration, Personnel Security Branch, will
make a final determination whether the stated exemption applies.
[[Page 46629]]
Alternatively, the requestor may contact the Office of Administration
for an evaluation of their exemption status prior to submitting their
request. Persons who are exempt from the background check are not
required to complete the SF-85 or Form FD-258, however, all other
requirements for access to SGI, including the need to know, are still
---------------------------------------------------------------------------
applicable.
Note: Copies of documents and materials required by paragraphs
C.4)(b), (c), and (d) of this Order must be sent to the following
address: Office of Administration, U.S. Nuclear Regulatory
Commission, Personnel Security Branch, Mail Stop TWB-05-B32M,
Washington, DC 20555-0012.
These documents and materials should not 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
required above.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.3) or C.4) above, as applicable, the NRC staff will
determine within 10 days of receipt of the written access request
whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both (E.1) and (E.2) above, the NRC staff
will notify the requestor in writing that access to SUNSI has been
granted. The written notification will contain instructions on how the
requestor may obtain copies of the requested documents, and any other
conditions that may apply to access to those documents. These
conditions may include, but not be limited to, the signing of a Non-
Disclosure Agreement or Affidavit, or Protective Order \5\ setting
forth terms and conditions to prevent the unauthorized or inadvertent
disclosure of SUNSI by each individual who will be granted access to
SUNSI.
---------------------------------------------------------------------------
\5\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both (E.1) and (E.2) above, the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but not be limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order
\6\ by each individual who will be granted access to SGI.
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\6\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
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H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI must be filed by the requestor no later than 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.
J. Review of Denials of Access
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and need to know, or
after a determination on trustworthiness and reliability, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of Administration makes an adverse
determination regarding the proposed recipient(s) trustworthiness and
reliability for access to SGI, the Office of Administration, in
accordance with 10 CFR 2.705(c)(3)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient is provided an
opportunity to correct or explain information.
(3) The requester may challenge the NRC staff's adverse
determination with respect to access to SUNSI by filing a challenge
within 5 days of receipt of that determination with: (a) The presiding
officer designated in this proceeding; (b) if no presiding officer has
been appointed, the Chief Administrative Judge, or if he or she is
unavailable, another administrative judge, or an administrative law
judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another
officer has been designated to rule on information access issues, with
that officer.
(4) The requester may challenge the NRC staff's or Office of
Administration's adverse determination with respect to access to SGI by
filing a request for review in accordance with 10 CFR 2.705(c)(3)(iv).
Further appeals of decisions under this paragraph must be made pursuant
to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requester may
challenge an NRC staff determination granting access to SUNSI or SGI
whose release would harm that party's interest independent of the
proceeding. Such a challenge must be filed with the Chief
Administrative Judge within 5 days of the notification by the NRC staff
of its grant of access.
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.\7\
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\7\ As of October 15, 2007, the NRC's final ``E-Filing Rule''
became effective. See Use of Electronic Submissions in Agency
Hearings (72 FR 49139; August 28, 2007). Requesters should note that
the filing requirements of that rule apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI/SGI
requests submitted to the NRC staff under these procedures.
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L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, and motions for protective orders, in a
timely fashion in order to minimize any unnecessary delays in
identifying those petitioners
[[Page 46630]]
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.
It is so ordered.
Dated at Rockville, Maryland, this 3rd day of September, 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 Federal Register notice of
hearing and opportunity to petition for leave
to intervene, including order with
instructions for access requests.
10..................... Deadline for submitting requests for access to
Sensitive Unclassified Non-Safeguards
Information (SUNSI) and/or Safeguards
Information (SGI) with information: supporting
the standing of a potential party identified
by name and address; describing the need for
the information in order for the potential
party to participate meaningfully in an
adjudicatory proceeding; demonstrating that
access should be granted (e.g., showing
technical competence for access to SGI); and,
for SGI, including application fee for
fingerprint/background check.
20..................... Nuclear Regulatory Commission (NRC) staff
informs the requester of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows (1) need
for SUNSI or (2) need to know for SGI. (For
SUNSI, NRC staff also informs any party to the
proceeding whose interest independent of the
proceeding would be harmed by the release of
the information.) If NRC staff makes the
finding of need for SUNSI and likelihood of
standing, NRC staff begins document processing
(preparation of redactions or review of
redacted documents). If NRC staff makes the
finding of need to know for SGI and likelihood
of standing, NRC staff begins background check
(including fingerprinting for a criminal
history records check), information processing
(preparation of redactions or review of
redacted documents), and readiness
inspections.
25..................... If NRC staff finds no ``need,'' no ``need to
know,'' or no 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.
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).
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 to SGI,
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.
>A + 60................ Decision on contention admission.
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[FR Doc. E9-21893 Filed 9-9-09; 8:45 am]
BILLING CODE 7590-01-P