Notice of Acceptance for Docketing of the Application, Notice of Opportunity for Hearing for Facility Operating License Nos. DPR-80 and DPR-82 for an Additional 20-Year Period; Pacific Gas & Electric Company, Diablo Canyon Nuclear Power Plant, Units 1 and 2; and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation, 3493-3497 [2010-1080]
Download as PDF
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
NATIONAL SCIENCE FOUNDATION
NUCLEAR REGULATORY
COMMISSION
Proposal Review Panel for Physics;
Notice of Meeting
[Docket Nos. 50–275 and 50–323; NRC–
2009–0552]
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting.
Name: University of Nebraska Site Visit in
Physics (1208).
Date and Time: Monday, February 1, 2010;
8 a.m.–6 p.m.; Tuesday, February 2, 2010: 8
a.m.–3 p.m.
Place: University of Nebraska, Lincoln,
Nebraska.
Type of Meeting: Partially Closed.
Contact Person: Dr. James Reidy, Program
Director for Elementary Particle Physics,
National Science Foundation, 4201 Wilson
Blvd., Arlington, VA 22230. Telephone: (703)
292–7392.
Purpose of Meeting: To provide an
evaluation concerning the proposal
submitted to the National Science
Foundation.
Agenda
Monday. February 1, 2010
Closed 8–9
Executive Session.
Open 9–3
Open Discussions and/or presentations.
Closed 3–3:30
Executive Session.
Open 3:30–6
Open Discussions and/or presentations.
Tuesday, February 2, 2010
Closed 8–9
Executive Session.
Open 9–11:30
Open Discussions and/or presentations.
Closed 11:30–3:30
Executive Session & Close out with Lab
Leaders.
Reason For Closing: The proposal contains
proprietary or confidential material including
technical information; financial data, such as
salaries; and personal information
concerning individuals associated with the
proposals. These matters are exempt under 5
U.S.C. 552b (c) and (6) of the Government in
the Sunshine Act.
Dated: January 14, 2010.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2010–967 Filed 1–20–10; 8:45 am]
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Notice of Acceptance for Docketing of
the Application, Notice of Opportunity
for Hearing for Facility Operating
License Nos. DPR–80 and DPR–82 for
an Additional 20-Year Period; Pacific
Gas & Electric Company, Diablo
Canyon Nuclear Power Plant, Units 1
and 2; and Order Imposing Procedures
for Access to Sensitive Unclassified
Non-Safeguards Information (SUNSI)
for Contention Preparation
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of operating
licenses DPR–80 and DPR–82, which
authorize Pacific Gas & Electric
Company (PG&E) to operate the Diablo
Canyon Nuclear Power Plant (DCPP),
Units 1 and 2, at 3411 megawatts
thermal, each. The renewed licenses
would authorize the applicant to
operate DCPP, Units 1 and 2, for an
additional 20 years beyond the period
specified in the current licenses. DCPP,
Units 1 and 2, are located near San Luis
Obispo, California. The current
operating licenses expire on November
2, 2024, and August 26, 2025,
respectively.
PG&E submitted the application dated
November 23, 2009, pursuant to Title 10
of the Code of Federal Regulations, Part
54 (10 CFR part 54) to renew operating
licenses DPR–80 and DPR–82. A notice
of receipt and availability of the license
renewal application (LRA) was
published in the Federal Register on
December 11, 2009 (74 FR 65811).
The Commission has determined that
PG&E has submitted sufficient
information in accordance with 10 CFR
Sections 2.101, 54.19, 54.21, 54.22,
54.23, 51.45, and 51.53(c), to enable the
staff to undertake a review of the
application, and the application is
therefore acceptable for docketing. The
Commission will retain the current
Docket Nos. 50–275 and 50–323 for
operating license Nos. DPR–80 and
DPR–82. The determination to accept
the LRA for docketing does not
constitute a determination that the
renewed licenses should be issued, and
does not preclude the NRC staff from
requesting additional information as the
review proceeds.
Before issuance of the requested
renewed licenses, the NRC will have
made the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations. In accordance with 10
CFR 54.29, the NRC may issue a
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renewed license on the basis of its
review if it finds that actions have been
identified and have been or will be
taken with respect to: (1) Managing the
effects of aging during the period of
extended operation on the functionality
of structures and components that have
been identified as requiring aging
management review, and (2) timelimited aging analyses that have been
identified as requiring review, such that
there is reasonable assurance that the
activities authorized by the renewed
license will continue to be conducted in
accordance with the current licensing
basis (CLB) and that any changes made
to the plant’s CLB will comply with the
Act and the Commission’s regulations.
Additionally, in accordance with 10
CFR 51.95(c), the NRC will prepare an
environmental impact statement that is
a supplement to the Commission’s
NUREG–1437, ‘‘Generic Environmental
Impact Statement for License Renewal
of Nuclear Power Plants,’’ dated May
1996. In considering the LRA, the
Commission must find that the
applicable requirements of subpart A of
10 CFR part 51 have been satisfied, and
that matters raised under 10 CFR 2.335
have been addressed. Pursuant to 10
CFR 51.26, and as part of the
environmental scoping process, the staff
intends to hold public scoping
meetings. Detailed information
regarding the environmental scoping
meetings will be the subject of a
separate Federal Register notice.
Within 60 days after the date of
publication of this Federal Register
notice, 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 request
for a hearing and a petition for leave to
intervene with respect to the renewal of
the licenses. Requests for a hearing or
petitions for leave to intervene must be
filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings and
Issuance of Orders’’ in 10 CFR part 2.
Interested persons should consult a
current copy of 10 CFR 2.309, which is
available at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852
and is accessible from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to the Internet or who encounter
problems in accessing the documents
located in ADAMS should contact the
NRC’s PDR reference staff by telephone
at 1–800–397–4209, or 301–415–4737,
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or by e-mail at PDR.Resource@nrc.gov. If
a request for a hearing/petition for leave
to intervene is filed within the 60-day
period, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel will
issue a notice of a hearing or an
appropriate order. In the event that no
request for a hearing or petition for
leave to intervene is filed within the 60day period, the NRC may, upon
completion of its evaluations and upon
making the findings required under 10
CFR parts 51 and 54, renew the licenses
without further notice.
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, taking into
consideration the limited scope of
matters that may be considered
pursuant to 10 CFR parts 51 and 54. The
petition must specifically explain the
reasons why intervention should be
permitted with particular reference to
the following factors: (1) The nature of
the requestor’s/petitioner’s right under
the Act to be made a party to the
proceeding; (2) the nature and extent of
the requestor’s/petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any decision or order which may be
entered in the proceeding on the
requestor’s/petitioner’s interest. The
petition must also set forth the specific
contentions which the requestor/
petitioner seeks to have litigated at the
proceeding.
Each contention must consist of a
specific statement of the issue of law or
fact to be raised or controverted. In
addition, the requestor/petitioner shall
provide a brief explanation of the bases
of each contention and a concise
statement of the alleged facts or the
expert opinion that supports the
contention on which the requestor/
petitioner intends to rely in proving the
contention at the hearing. The
requestor/petitioner must also provide
references to those specific sources and
documents of which the requestor/
petitioner is aware and on which the
requestor/petitioner intends to rely to
establish those facts or expert opinion.
The requestor/petitioner must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions shall be limited to
matters within the scope of the action
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under consideration. The contention
must be one that, if proven, would
entitle the requestor/petitioner to relief.
A requestor/petitioner who fails to
satisfy these requirements with respect
to at least one contention will not be
permitted to participate as a party.
The Commission requests that each
contention be given a separate numeric
or alpha designation within one of the
following groups: (1) Technical
(primarily related to safety concerns);
(2) environmental; or (3) miscellaneous.
As specified in 10 CFR 2.309, if two
or more requestors/petitioners seek to
co-sponsor a contention or propose
substantially the same contention, the
requestors/petitioners must jointly
designate a representative who shall
have the authority to act for the
requestors/petitioners with respect to
that contention.
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
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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/
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
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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
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 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. 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.
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Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this Federal
Register notice. 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).
Detailed information about the license
renewal process can be found under the
Nuclear Reactors icon at https://
www.nrc.gov/reactors/operating/
licensing/renewal.html on the NRC’s
Web site. Copies of the application to
renew the operating licenses for DCPP
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, and at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html, the NRC’s Web site
while the application is under review.
The application may be accessed in
ADAMS through the NRC’s Public
Electronic Reading Room on the Internet
at https://www.nrc.gov/reading-rm/
adams.html under ADAMS Accession
Number ML093340125. As stated above,
persons who do not have access to
ADAMS or who encounter problems in
accessing the documents located in
ADAMS may 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.
The NRC staff has verified that a copy
of the license renewal application is
also available to local residents near the
site at the San Luis Obispo Public
Library, 995 Palm Street, San Luis
Obispo, California 93401, and at the
Paso Robles Public Library, 1000 Spring
Street, Paso Robles, California 93446.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
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 is necessary to respond to this
notice may request such access. 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
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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
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) 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;
D. Based on an evaluation of the
information submitted under paragraph
C.(3) 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
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(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
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 under these
procedures should be submitted as described in this
paragraph.
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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 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI 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
contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff either after
a determination on standing and need
for access, 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) The requestor may challenge the
NRC staff’s adverse determination 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.
H. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed 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 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
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 14th day
of January 2010.
For the 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 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) 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.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does
not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
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 need for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff
makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of
redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ 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.
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 consistent with decision issuing the protective
order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
10 .............
60 .............
20 .............
25 .............
30 .............
40 .............
A ..............
A + 3 ........
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A + 53 ......
2 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
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yet been designated, within 30 days of the deadline
for the receipt of the written access request.
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\21JAN1.SGM
21JAN1
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices
3497
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
A + 60 ......
>A + 60 ....
Event/activity
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
[FR Doc. 2010–1080 Filed 1–20–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–247 and 50–286; NRC–
2010–0006]
Entergy Nuclear Operations, Inc.,
Entergy Nuclear Indian Point 2, LLC,
Entergy Nuclear Indian Point 3, LLC,:
Indian Point Nuclear Generating Unit
Nos. 2 and 3; Notice of Consideration
of Issuance of Amendment to Facility
Operating License and Opportunity To
Request a Hearing, and Order
Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards
Information
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of amendment and
opportunity to request a hearing and to
petition for leave to intervene.
jlentini on DSKJ8SOYB1PROD with NOTICES
DATES: Request for a hearing and/or
petition for leave to intervene must be
filed within 60 days after the date of
publication of this notice in the Federal
Register. Any potential party as defined
in 10 CFR 2.4 who believes access to
Sensitive Unclassified Non-Safeguards
Information and/or Safeguards
Information is necessary to respond to
this notice must request document
access within 10 days after the date of
publication of this notice in the Federal
Register.
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering an application for
amendment to Facility Operating
License Nos. DPR–26 and DPR–64,
issued to Entergy Nuclear Operations,
Inc. (Entergy) and Entergy Nuclear
Indian Point 2, LLC, for operation of the
Indian Point Nuclear Generating Unit
No. 2 (IP2) and to Entergy and Entergy
Nuclear Indian Point 3, LLC, for
operation of the Indian Point Nuclear
Generating Unit No. 3 (IP3), both
located in Westchester County, New
York.
The proposed amendment would
revise the IP2 and IP3 operating licenses
to permit the transfer of spent fuel from
VerDate Nov<24>2008
16:17 Jan 20, 2010
Jkt 220001
IP3 to IP2, using a newly-designed
transfer cask, with plans for further
transfer to the onsite independent spent
fuel storage installation, on an asneeded basis as determined by Entergy’s
fuel management needs. The July 8,
2009, application (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
ML091940177 and ML091940178), as
supplemented by letters dated
September 28 and October 26, 2009
(ADAMS Accession Nos. ML092950437
and ML093020080) contains proprietary
information, which the Commission
classifies as sensitive unclassified nonsafeguards information (SUNSI). Before
issuance of the proposed license
amendment, the Commission will have
made findings required by the Atomic
Energy Act of 1954, as amended (the
Act), and the Commission’s regulations.
These findings will be documented in a
Safety Evaluation Report and an
Environmental Assessment and/or an
Environmental Impact Statement.
II. Opportunity To Request a Hearing
Within 60 days after the date of
publication of this notice in the Federal
Register, any person(s) whose interest
may be affected by this action and who
desires to participate as a party to this
action, may file a request for a hearing
and a petition to intervene with respect
to whether the amendment to the
subject facility operating licenses
should be issued. Requests for a hearing
and petitions for leave to intervene shall
be filed in accordance with the
Commission’s ‘‘Rules of Practice for
Domestic Licensing Proceedings’’ in 10
CFR Part 2. Interested person(s) should
consult a current copy of 10 CFR 2.309,
‘‘Hearing Requests, Petitions to
Intervene, Requirements for Standing,
and Contentions,’’ which is available at
the Commission’s Public Document
Room (PDR), located at One White Flint
North, Room O1–F21, 11555 Rockville
Pike (first floor), Rockville, Maryland.
Publicly available records will be
accessible from the Agencywide
Documents Access and Management
System’s (ADAMS) Public Electronic
Reading Room on the Internet at the
NRC Web site, https://www.nrc.gov/
reading-rm/doc-collections/cfr/. If a
request for a hearing or petition for
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
leave to intervene is filed by the above
date, the Commission or a presiding
officer designated by the Commission or
by the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel, will rule on the request and/or
petition; and the Secretary or the Chief
Administrative Judge of the Atomic
Safety and Licensing Board will issue a
notice of a hearing or an appropriate
order.
III. Petitions for Leave To Intervene
As required by 10 CFR 2.309, a
petition for leave to intervene or request
for hearing shall set forth with
particularity the interest of the
petitioner/requester in the proceeding,
and how that interest may be affected by
the results of the proceeding. The
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements: (1)
The name, address and telephone
number of the requester or petitioner;
(2) the nature of the requester’s/
petitioner’s right under the Act to be
made a party to the proceeding; (3) the
nature and extent of the requester’s/
petitioner’s property, financial, or other
interest in the proceeding; and (4) the
possible effect of any decision or order
which may be entered in the proceeding
on the requester’s/petitioner’s interest.
The petition must also identify the
specific contentions which the
petitioner/requester seeks to have
litigated in the proceeding. Each
contention must consist of 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. The petitioner must
demonstrate that the issue raised by
each contention is within the scope of
the proceeding and is material to the
findings that the NRC must make to
support the granting of the license
amendment in response to the
application. The petition must also
include a concise statement of the
alleged facts or expert opinion which
support the contention and on which
the petitioner intends to rely in proving
the contention at the hearing. The
petitioner must also provide references
to those specific sources and documents
of which the petitioner is aware and on
which the petitioner intends to rely.
E:\FR\FM\21JAN1.SGM
21JAN1
Agencies
[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Pages 3493-3497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1080]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-275 and 50-323; NRC-2009-0552]
Notice of Acceptance for Docketing of the Application, Notice of
Opportunity for Hearing for Facility Operating License Nos. DPR-80 and
DPR-82 for an Additional 20-Year Period; Pacific Gas & Electric
Company, Diablo Canyon Nuclear Power Plant, Units 1 and 2; and Order
Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards
Information (SUNSI) for Contention Preparation
The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of operating licenses DPR-80 and DPR-82,
which authorize Pacific Gas & Electric Company (PG&E) to operate the
Diablo Canyon Nuclear Power Plant (DCPP), Units 1 and 2, at 3411
megawatts thermal, each. The renewed licenses would authorize the
applicant to operate DCPP, Units 1 and 2, for an additional 20 years
beyond the period specified in the current licenses. DCPP, Units 1 and
2, are located near San Luis Obispo, California. The current operating
licenses expire on November 2, 2024, and August 26, 2025, respectively.
PG&E submitted the application dated November 23, 2009, pursuant to
Title 10 of the Code of Federal Regulations, Part 54 (10 CFR part 54)
to renew operating licenses DPR-80 and DPR-82. A notice of receipt and
availability of the license renewal application (LRA) was published in
the Federal Register on December 11, 2009 (74 FR 65811).
The Commission has determined that PG&E has submitted sufficient
information in accordance with 10 CFR Sections 2.101, 54.19, 54.21,
54.22, 54.23, 51.45, and 51.53(c), to enable the staff to undertake a
review of the application, and the application is therefore acceptable
for docketing. The Commission will retain the current Docket Nos. 50-
275 and 50-323 for operating license Nos. DPR-80 and DPR-82. The
determination to accept the LRA for docketing does not constitute a
determination that the renewed licenses should be issued, and does not
preclude the NRC staff from requesting additional information as the
review proceeds.
Before issuance of the requested renewed licenses, the NRC will
have made the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's rules and regulations. In
accordance with 10 CFR 54.29, the NRC may issue a renewed license on
the basis of its review if it finds that actions have been identified
and have been or will be taken with respect to: (1) Managing the
effects of aging during the period of extended operation on the
functionality of structures and components that have been identified as
requiring aging management review, and (2) time-limited aging analyses
that have been identified as requiring review, such that there is
reasonable assurance that the activities authorized by the renewed
license will continue to be conducted in accordance with the current
licensing basis (CLB) and that any changes made to the plant's CLB will
comply with the Act and the Commission's regulations.
Additionally, in accordance with 10 CFR 51.95(c), the NRC will
prepare an environmental impact statement that is a supplement to the
Commission's NUREG-1437, ``Generic Environmental Impact Statement for
License Renewal of Nuclear Power Plants,'' dated May 1996. In
considering the LRA, the Commission must find that the applicable
requirements of subpart A of 10 CFR part 51 have been satisfied, and
that matters raised under 10 CFR 2.335 have been addressed. Pursuant to
10 CFR 51.26, and as part of the environmental scoping process, the
staff intends to hold public scoping meetings. Detailed information
regarding the environmental scoping meetings will be the subject of a
separate Federal Register notice.
Within 60 days after the date of publication of this Federal
Register notice, 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 request for a hearing and a petition for leave to
intervene with respect to the renewal of the licenses. Requests for a
hearing or petitions for leave to intervene must be filed in accordance
with the Commission's ``Rules of Practice for Domestic Licensing
Proceedings and Issuance of Orders'' in 10 CFR part 2. Interested
persons should consult a current copy of 10 CFR 2.309, which is
available at the Commission's Public Document Room (PDR), located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852 and is accessible from the NRC's Agencywide Documents
Access and Management System (ADAMS) Public Electronic Reading Room on
the Internet at https://www.nrc.gov/reading-rm/adams.html. Persons who
do not have access to the Internet or who encounter problems in
accessing the documents located in ADAMS should contact the NRC's PDR
reference staff by telephone at 1-800-397-4209, or 301-415-4737,
[[Page 3494]]
or by e-mail at PDR.Resource@nrc.gov. If a request for a hearing/
petition for leave to intervene is filed within the 60-day period, the
Commission or a presiding officer designated by the Commission or by
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will rule on the request and/or petition; and the Secretary or
the Chief Administrative Judge of the Atomic Safety and Licensing Board
Panel will issue a notice of a hearing or an appropriate order. In the
event that no request for a hearing or petition for leave to intervene
is filed within the 60-day period, the NRC may, upon completion of its
evaluations and upon making the findings required under 10 CFR parts 51
and 54, renew the licenses without further notice.
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, taking into consideration the limited scope of matters
that may be considered pursuant to 10 CFR parts 51 and 54. The petition
must specifically explain the reasons why intervention should be
permitted with particular reference to the following factors: (1) The
nature of the requestor's/petitioner's right under the Act to be made a
party to the proceeding; (2) the nature and extent of the requestor's/
petitioner's property, financial, or other interest in the proceeding;
and (3) the possible effect of any decision or order which may be
entered in the proceeding on the requestor's/petitioner's interest. The
petition must also set forth the specific contentions which the
requestor/petitioner seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases of
each contention and a concise statement of the alleged facts or the
expert opinion that supports the contention on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the requestor/petitioner is aware and on
which the requestor/petitioner intends to rely to establish those facts
or expert opinion. The requestor/petitioner must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact. Contentions shall be limited to
matters within the scope of the action under consideration. The
contention must be one that, if proven, would entitle the requestor/
petitioner to relief. A requestor/petitioner who fails to satisfy these
requirements with respect to at least one contention will not be
permitted to participate as a party.
The Commission requests that each contention be given a separate
numeric or alpha designation within one of the following groups: (1)
Technical (primarily related to safety concerns); (2) environmental; or
(3) miscellaneous.
As specified in 10 CFR 2.309, if two or more requestors/petitioners
seek to co-sponsor a contention or propose substantially the same
contention, the requestors/petitioners must jointly designate a
representative who shall have the authority to act for the requestors/
petitioners with respect to that contention.
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/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
[[Page 3495]]
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 the date of publication of this Federal Register notice. 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).
Detailed information about the license renewal process can be found
under the Nuclear Reactors icon at https://www.nrc.gov/reactors/operating/licensing/renewal.html on the NRC's Web site. Copies of the
application to renew the operating licenses for DCPP 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, and at https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, the NRC's Web site while the application is under
review. The application may be accessed in ADAMS through the NRC's
Public Electronic Reading Room on the Internet at https://www.nrc.gov/reading-rm/adams.html under ADAMS Accession Number ML093340125. As
stated above, persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS may 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.
The NRC staff has verified that a copy of the license renewal
application is also available to local residents near the site at the
San Luis Obispo Public Library, 995 Palm Street, San Luis Obispo,
California 93401, and at the Paso Robles Public Library, 1000 Spring
Street, Paso Robles, California 93446.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
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 Non-Safeguards Information (SUNSI).
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 is necessary to respond to this notice may
request such access. 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
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 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\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(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) 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;
D. Based on an evaluation of the information submitted under
paragraph C.(3) 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
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(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
[[Page 3496]]
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 \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI 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 contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either after a determination on standing and need for access, 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) The requestor may challenge the NRC staff's adverse
determination 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.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed 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.\3\
---------------------------------------------------------------------------
\3\ Requesters 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 request submitted to the NRC staff under these
procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2.
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 14th day of January 2010.
For the 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
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) 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.
60.................... Deadline for submitting petition for
intervention containing: (i) Demonstration of
standing; (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention; +7
petitioner/requestor reply).
20.................... 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 need for SUNSI.
(NRC staff also informs any party to the
proceeding whose interest independent of the
proceeding would be harmed by the release of
the information.) If NRC staff makes the
finding of need for SUNSI and likelihood of
standing, NRC staff begins document processing
(preparation of redactions or review of
redacted documents).
25.................... If NRC staff finds no ``need'' 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.
A..................... If access granted: Issuance of presiding officer
or other designated officer decision on motion
for protective order for access to sensitive
information (including schedule for providing
access and submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
A + 3................. Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI consistent
with decision issuing the protective order.
A + 28................ Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to) the
information and the deadline for filing all
other contentions (as established in the notice
of hearing or opportunity for hearing), the
petitioner may file its SUNSI contentions by
that later deadline.
A + 53................ (Contention receipt +25) Answers to contentions
whose development depends upon access to SUNSI.
[[Page 3497]]
A + 60................ (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 60............... Decision on contention admission.
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[FR Doc. 2010-1080 Filed 1-20-10; 8:45 am]
BILLING CODE 7590-01-P