Notice of Acceptance for Docketing and Opportunity for Hearing on the Application Regarding Renewal for an Additional 20-Year Period for the University of New Mexico AGN-201M Research Reactor and Order Imposing Procedures for Access to Safeguards Information and Sensitive Unclassified Non-Safeguards Information, 67927-67932 [E9-30317]
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
criteria under Section 222(a) of the Act,
19 U.S.C. 2272(a). In accordance with
Section 223 of the Act, 19. U.S.C. 2273,
I make the following certification:
All workers of Ultimizers, Inc., Boring,
Oregon, who became totally or partially
separated from employment on or after May
18, 2008, through two years from the date of
this certification, and all workers in the
group threatened with total or partial
separation from employment on date of
certification through two years from the date
of certification, are eligible to apply for
adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended.
Signed in Washington, DC, this 10th day of
December 2009.
Del Min Amy Chen,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–30256 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–FN–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request
National Science Foundation.
Submission for OMB Review;
Comment Request.
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ACTION:
SUMMARY: The National Science
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following information collection
requirement to OMB for review and
clearance under the Paperwork
Reduction Act of 1995, Public Law 104–
13. This is the second notice for public
comment; the first was published in the
Federal Register at 74 FR 54084, and no
substantial comments were received.
NSF is forwarding the proposed renewal
submission to the Office of Management
and Budget (OMB) for clearance
simultaneously with the publication of
this second notice. The full submission
may be found at: https://
www.reginfo.gov/public/do/PRAMain.
Comments regarding (a) whether the
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Dated: December 16, 2009.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. E9–30270 Filed 12–18–09; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Facility Operating License No. R–102;
Docket No. 50–252; NRC–2009–0557]
Notice of Acceptance for Docketing
and Opportunity for Hearing on the
Application Regarding Renewal for an
Additional 20-Year Period for the
University of New Mexico AGN–201M
Research Reactor and Order Imposing
Procedures for Access to Safeguards
Information and Sensitive Unclassified
Non-Safeguards Information
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of acceptance for
docketing.
FOR FURTHER INFORMATION CONTACT: Paul
V. Doyle Jr., Project manager, Research
and Test Reactors Branch A, Division of
Policy and Rulemaking, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Rockville, MD 20852. Telephone: (301)
415–1058; fax number: (301) 415–3031;
e-mail: Paul.Doyle@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of Facility
Operating License No. R–102
(‘‘Application’’), which currently
authorizes the University of New
Mexico (UNM, the licensee) to operate
the University of New Mexico AGN–
201M Reactor (UNMR) at a maximum
steady-state thermal power of 5 watts
(W) thermal power. The renewed
license would authorize the applicant to
operate the UNMR up to a steady-state
thermal power of 5 W for an additional
20 years from the date of issuance.
On February 21, 2007, as
supplemented on November 9, 2009, the
NRC received an application from the
licensee filed pursuant to 10 CFR Part
50.51(a), to renew Facility Operating
License No. R–102 for the UNMR.
The Application contains sensitive
unclassified non-safeguards information
(SUNSI) and Safeguards Information
(SGI).
Based on its initial review of the
application, the NRC staff determined
that UNM submitted sufficient
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information in accordance with 10 CFR
50.33 and 50.34 so that the application
is acceptable for docketing. The current
Docket No. 50–252 for Facility
Operating License No. R–102 will be
retained. The docketing of the renewal
application does not preclude requests
for additional information as the review
proceeds, nor does it predict whether
the Commission will grant or deny the
application. Prior to a decision to renew
the license, the Commission will make
findings required by the Atomic Energy
Act of 1954, as amended (the Act), and
the Commission’s rules and regulations.
II. Opportunity To Request a Hearing or
Petition To Intervene
Any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written petition
for leave to intervene. 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
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings the NRC must
make to support the granting of a license
amendment in response to the
application. The petition must also
include a concise statement of the
alleged facts or expert opinions which
support the position of the petitioner
and on which the petitioner intends to
rely at hearing, together with references
to the specific sources and documents
on which the petitioner intends to rely.
Finally, the petition must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
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fact, including references to specific
portions of the application for
amendment that the petitioner disputes
and the supporting reasons for each
dispute, or, if the petitioner believes
that the application for amendment fails
to contain information on a relevant
matter as required by law, the
identification of each failure and the
supporting reasons for the petitioner’s
belief. Each contention must be one
that, if proven, would entitle the
petitioner to relief.
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 with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Licensing Board will set the time
and place for any prehearing
conferences and evidentiary hearings,
and the appropriate notices will be
provided.
Non-timely petitions for leave to
intervene and contentions, amended
petitions, and supplemental petitions
will not be entertained absent a
determination by the Commission, the
Licensing Board or a Presiding Officer
that the petition should be granted and/
or the contentions should be admitted
based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)–(viii).
A State, county, municipality,
Federally recognized Indian Tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
party under 10 CFR 2.309(d)(2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by
February 19, 2010. The petition must be
filed in accordance with the filing
instructions in section III of this
document, and should meet the
requirements for petitions for leave to
intervene set forth in this section,
except that State and Federally
recognized Indian Tribes do not need to
address the standing requirements in 10
CFR 2.309(d)(1) if the facility is located
within its boundaries. The entities listed
above could also seek to participate in
a hearing as a nonparty pursuant to 10
CFR 2.315(c).
Any person who does not wish, or is
not qualified, to become a party to this
proceeding may request permission to
make a limited appearance pursuant to
the provisions of 10 CFR 2.315(a). A
person making a limited appearance
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may make an oral or written statement
of position on the issues, but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to such
limits and conditions as may be
imposed by the Licensing Board.
Persons desiring to make a limited
appearance are requested to inform the
Secretary of the Commission by
February 19, 2010.
III. Electronic Submissions (E-Filing)
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
(72 FR 49139, August 28, 2007). The EFiling 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 an exemption 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
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at (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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
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. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
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site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Meta System Help Desk will not be able
to offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through EIE, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant 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 documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
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
E-Filing system also distributes an email 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 by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
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Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852 Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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
submission.
Petitions for leave to intervene must
be filed no later than 60 days from
December 21, 2009. Non-timely filings
will not be entertained absent a
determination by the presiding officer
that the petition or request should be
granted or the contentions should be
admitted, based on a balancing of the
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67929
factors specified in 10 CFR
2.309(c)(1)(i)–(viii).
The NRC maintains an Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. Detailed guidance which
the NRC uses to review applications for
the renewal of non-power reactor
licenses can be found in the documents
NUREG–1537, entitled ‘‘Guidelines for
Preparing and Reviewing Applications
for the Licensing of Non-Power
Reactors’’ and the ‘‘Interim Staff
Guidance on the Streamlined Review
Process for License Renewal for
Research Reactors’’ (ISG) which can be
obtained from the Commission’s public
document room (PDR). The detailed
review guidance (NUREG–1537 and the
ISG) may be accessed through the NRC’s
Public Electronic Reading Room on the
Internet at https://www.nrc.gov/readingrm/adams.html under ADAMS
Accession No. ML041230055 for part
one of NUREG–1537, ML041230048 for
part two of NUREG–1537 and
ML092440244 for the ISG. Copies of the
application to renew the facility license
from the licensee are available for
public inspection at the Commission’s
PDR, located at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland 20852–2738. The
initial application and other related
documents may be accessed through the
NRC’s Public Electronic Reading Room,
at the address mentioned above, under
ADAMS Accession Nos.: ML092170540
and ML093410385. 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, or 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and Safeguards
Information 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. 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 who believes access to
SUNSI or SGI is necessary to respond to
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this notice may request access to SUNSI
or SGI. A ‘‘potential party’’ is any
person who intends 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 requestor shall submit a letter
requesting permission to access SUNSI,
SGI, or both 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@nrc.gov, respectively.1
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(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
requestor’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 requestor 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
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI and/or SGI
under these procedures should be submitted as
described in this paragraph.
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14:14 Dec 18, 2009
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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 requestor 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 requestor 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,
D.C. 20555–0001, 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,
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 requestor’s need to
know than ordinarily would be applied in
connection with an already-admitted contention or
non-adjudicatory access to SGI.
3 The requestor 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 requestor
usually should be able to obtain access to the online
form within one business day.
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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 requestor 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 in
10 CFR 73.59, the requestor should also
provide a statement identifying which
exemption the requestor is invoking and
explaining the requestor’s basis for
believing that the exemption applies.
While processing the request, the Office
of Administration, Personnel Security
Branch, will make a final determination
whether the claimed exemption applies.
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 20555–0001.
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 request whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
4 This fee is subject to change pursuant to the
Office of Personnel Management’s adjustable billing
rates.
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(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 are not 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
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
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.
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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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 the
requestor is granted access to that
information. However, if more than 25
days remain between the date the
petitioner is granted 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
requisite need, 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(s) have an opportunity to
correct or explain the record.
(3) The requestor 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
PO 00000
Frm 00082
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Sfmt 4703
67931
been designated to rule on information
access issues, with that officer.
(4) The requestor 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 requestor 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
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 15th day
of December 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
7 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) 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 request
submitted to the NRC staff under these procedures.
E:\FR\FM\21DEN1.SGM
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67932
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/Activity
0 ......................................................
Publication of FEDERAL REGISTER notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI)
and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g.,
showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/
background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions
whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
Nuclear Regulatory Commission (NRC) staff informs the requestor 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/requestor to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy
of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding
whose interest independent of the proceeding would be harmed by the release of the information to file
a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.
(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). NOTE: Before the Office of
Administration makes an adverse determination regarding access 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 trustworthiness or reliability determination either before the presiding officer or another designated officer under 10 CFR 2.705(c)(3)(iv).
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective
order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent
with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI.
However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information
and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/
or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ....................................................
60 ....................................................
20 ....................................................
25 ....................................................
30 ....................................................
40 ....................................................
190 ..................................................
205 ..................................................
A ......................................................
A + 3 ...............................................
A + 28 .............................................
A + 53 .............................................
A + 60 .............................................
>A + 60 ...........................................
[FR Doc. E9–30317 Filed 12–18–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
erowe on DSK5CLS3C1PROD with NOTICES
[Docket No. 50–286; NRC–2009–0562]
Entergy Nuclear Operations, Inc.;
Notice of Consideration of Issuance of
Amendment To Facility Operating
License, Proposed No Significant
Hazards Consideration Determination,
and Opportunity for a Hearing
The U.S. Nuclear Regulatory
Commission (the Commission) is
considering issuance of an amendment
to Facility Operating License No. DPR–
64, issued to Entergy Nuclear
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Operations, Inc. (the licensee), for
operation of the Indian Point Nuclear
Generating Unit No. 3 (IP3) located in
Westchester County, New York.
The proposed amendment would
allow a one-time extension of the 72hour completion time of Technical
Specification (TS) 3.7.5, Condition B,
Action B.1 ‘‘Restore AFW [auxiliary
feedwater] train to OPERABLE status’’
by 34 hours.
On November 23, 2009, the No. 32
auxiliary boiler feedwater pump (ABFP)
was found to have high axial vibrations.
The ABFP is used for plant startup. It
also supplies high pressure feedwater to
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67927-67932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30317]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Facility Operating License No. R-102; Docket No. 50-252; NRC-2009-
0557]
Notice of Acceptance for Docketing and Opportunity for Hearing on
the Application Regarding Renewal for an Additional 20-Year Period for
the University of New Mexico AGN-201M Research Reactor and Order
Imposing Procedures for Access to Safeguards Information and Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of acceptance for docketing.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Paul V. Doyle Jr., Project manager,
Research and Test Reactors Branch A, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Rockville, MD 20852. Telephone: (301) 415-1058; fax number:
(301) 415-3031; e-mail: Paul.Doyle@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of Facility Operating License No. R-102
(``Application''), which currently authorizes the University of New
Mexico (UNM, the licensee) to operate the University of New Mexico AGN-
201M Reactor (UNMR) at a maximum steady-state thermal power of 5 watts
(W) thermal power. The renewed license would authorize the applicant to
operate the UNMR up to a steady-state thermal power of 5 W for an
additional 20 years from the date of issuance.
On February 21, 2007, as supplemented on November 9, 2009, the NRC
received an application from the licensee filed pursuant to 10 CFR Part
50.51(a), to renew Facility Operating License No. R-102 for the UNMR.
The Application contains sensitive unclassified non-safeguards
information (SUNSI) and Safeguards Information (SGI).
Based on its initial review of the application, the NRC staff
determined that UNM submitted sufficient
[[Page 67928]]
information in accordance with 10 CFR 50.33 and 50.34 so that the
application is acceptable for docketing. The current Docket No. 50-252
for Facility Operating License No. R-102 will be retained. The
docketing of the renewal application does not preclude requests for
additional information as the review proceeds, nor does it predict
whether the Commission will grant or deny the application. Prior to a
decision to renew the license, the Commission will make findings
required by the Atomic Energy Act of 1954, as amended (the Act), and
the Commission's rules and regulations.
II. Opportunity To Request a Hearing or Petition To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. 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 must provide
the name, address, and telephone number of the petitioner and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Act to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings the NRC must make to support the granting of a license
amendment in response to the application. The petition must also
include a concise statement of the alleged facts or expert opinions
which support the position of the petitioner and on which the
petitioner intends to rely at hearing, together with references to the
specific sources and documents on which the petitioner intends to rely.
Finally, the petition must provide sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact, including references to specific portions of the application
for amendment that the petitioner disputes and the supporting reasons
for each dispute, or, if the petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the petitioner's belief. Each contention must be one that,
if proven, would entitle the petitioner to relief.
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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The
Licensing Board will set the time and place for any prehearing
conferences and evidentiary hearings, and the appropriate notices will
be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
February 19, 2010. The petition must be filed in accordance with the
filing instructions in section III of this document, and should meet
the requirements for petitions for leave to intervene set forth in this
section, except that State and Federally recognized Indian Tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by February 19, 2010.
III. Electronic Submissions (E[dash]Filing)
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 (72 FR 49139,
August 28, 2007). 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 an exemption 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 participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/
[[Page 67929]]
site-help/e-submittals.html. Participants may attempt to use other
software not listed on the Web site, but should note that the NRC's E-
Filing system does not support unlisted software, and the NRC Meta
System Help Desk will not be able to offer assistance in using unlisted
software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852 Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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 submission.
Petitions for leave to intervene must be filed no later than 60
days from December 21, 2009. Non-timely filings will not be entertained
absent a determination by the presiding officer that the petition or
request should be granted or the contentions should be admitted, based
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
The NRC maintains an Agencywide Documents Access and Management
System (ADAMS), which provides text and image files of NRC's public
documents. Detailed guidance which the NRC uses to review applications
for the renewal of non-power reactor licenses can be found in the
documents NUREG-1537, entitled ``Guidelines for Preparing and Reviewing
Applications for the Licensing of Non-Power Reactors'' and the
``Interim Staff Guidance on the Streamlined Review Process for License
Renewal for Research Reactors'' (ISG) which can be obtained from the
Commission's public document room (PDR). The detailed review guidance
(NUREG-1537 and the ISG) may be accessed through the NRC's Public
Electronic Reading Room on the Internet at https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML041230055 for part one of
NUREG-1537, ML041230048 for part two of NUREG-1537 and ML092440244 for
the ISG. Copies of the application to renew the facility license from
the licensee are available for public inspection at the Commission's
PDR, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852-2738. The initial application and
other related documents may be accessed through the NRC's Public
Electronic Reading Room, at the address mentioned above, under ADAMS
Accession Nos.: ML092170540 and ML093410385. 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, or 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information 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. 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 who
believes access to SUNSI or SGI is necessary to respond to
[[Page 67930]]
this notice may request access to SUNSI or SGI. A ``potential party''
is any person who intends 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 requestor shall submit a letter requesting permission to
access SUNSI, SGI, or both 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@nrc.gov, respectively.\1\ The request must include the
following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI and/or SGI
under these procedures should be submitted as described in this
paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(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 requestor'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
requestor 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
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\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
requestor'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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(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor 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 requestor should
contact the NRC's Office of Administration at (301) 492-3524.\3\
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\3\ The requestor 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 requestor
usually should be able to obtain access to the online form within
one business day.
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(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, D.C. 20555-0001, 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
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\4\ This fee is subject to change pursuant to the Office of
Personnel Management's adjustable billing rates.
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(e) If the requestor 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 in 10 CFR 73.59, the requestor should also provide a
statement identifying which exemption the requestor is invoking and
explaining the requestor's basis for believing that the exemption
applies. While processing the request, the Office of Administration,
Personnel Security Branch, will make a final determination whether the
claimed exemption applies. 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 20555-0001.
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 request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
[[Page 67931]]
(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 are not 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.
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\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 the requestor is granted access to that information. However, if
more than 25 days remain between the date the petitioner is granted
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 requisite need, 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(s) have an
opportunity to correct or explain the record.
(3) The requestor 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 requestor 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 requestor 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\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) 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 request 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 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 15th day of December 2009.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[[Page 67932]]
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
and Safeguards Information in This Proceeding
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Day Event/Activity
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0................................. Publication of Federal Register
notice of hearing and opportunity
to petition for leave to intervene,
including order with instructions
for access requests.
10................................ Deadline for submitting requests for
access to Sensitive Unclassified
Non-Safeguards Information (SUNSI)
and/or Safeguards Information (SGI)
with information: supporting the
standing of a potential party
identified by name and address;
describing the need for the
information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding; demonstrating that
access should be granted (e.g.,
showing technical competence for
access to SGI); and, for SGI,
including application fee for
fingerprint/background check.
60................................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does
not require access to SUNSI and/or
SGI (+25 Answers to petition for
intervention; +7 petitioner/
requestor reply).
20................................ Nuclear Regulatory Commission (NRC)
staff informs the requestor 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/requestor to file a
motion seeking a ruling to reverse
the NRC staff's denial of access;
NRC staff files copy of access
determination with the presiding
officer (or Chief Administrative
Judge or other designated officer,
as appropriate). If NRC staff finds
``need'' for SUNSI, the deadline
for any party to the proceeding
whose interest independent of the
proceeding would be harmed by the
release of the information to file
a motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................ Deadline for NRC staff reply to
motions to reverse NRC staff
determination(s).
40................................ (Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete
information processing and file
motion for Protective Order and
draft Non-Disclosure Affidavit.
Deadline for applicant/licensee to
file Non-Disclosure Agreement for
SUNSI.
190............................... (Receipt +180) If NRC staff finds
standing, need to know for SGI, and
trustworthiness and reliability,
deadline for NRC staff to file
motion for Protective Order and
draft Non-disclosure Affidavit (or
to make a determination that the
proposed recipient of SGI is not
trustworthy or reliable). Note:
Before the Office of Administration
makes an adverse determination
regarding access 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 trustworthiness or
reliability determination either
before the presiding officer or
another designated officer under 10
CFR 2.705(c)(3)(iv).
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. E9-30317 Filed 12-18-09; 8:45 am]
BILLING CODE 7590-01-P
