Notice of License Amendment Request by the Worcester Polytechnic Institute for Approval of the Decommissioning Plan for the Leslie C. Wilbur Nuclear Reactor Facility in Worcester, MA and Opportunity To Request a Hearing, 10519-10524 [2010-4825]
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Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, ‘‘Specific exemptions,’’ an
exemption from the March 31, 2010,
compliance date is authorized by law
and will not endanger life or property or
the common defense and security, and
is otherwise in the public interest.
Therefore, the Commission hereby
grants the requested exemption.
The long-term benefits that will be
realized when the CNS modifications
are complete justifies extending the full
compliance date in the case of this
particular licensee. The security
measures that CNS needs additional
time to complete, are new requirements
imposed by March 27, 2009,
amendments to 10 CFR 73.55, and are
in addition to those required by the
security orders issued in response to the
events of September 11, 2001.
Therefore, the NRC concludes that the
licensee’s actions are in the best interest
of protecting the public health and
safety through the security changes that
will result from granting this exemption.
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption from the March 31, 2010,
deadline for the three items specified in
the Attachment to NPPD’s letter dated
December 22, 2009, the licensee is
required to be in full compliance with
10 CFR 73.55 by August 31, 2010. In
achieving compliance, the licensee is
reminded that it is responsible for
determining the appropriate licensing
mechanism (i.e., 10 CFR 50.54(p) or 10
CFR 50.90) for incorporation of all
necessary changes to its security plans.
Pursuant to 10 CFR 51.32, ‘‘Finding of
no significant impact,’’ the Commission
has previously determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (75 FR 8153;
February 23, 2010).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 26th day
of February 2010.
For the Nuclear Regulatory Commission.
Allen G. Howe,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2010–4830 Filed 3–5–10; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–134; NRC–2010–0053]
Notice of License Amendment Request
by the Worcester Polytechnic Institute
for Approval of the Decommissioning
Plan for the Leslie C. Wilbur Nuclear
Reactor Facility in Worcester, MA and
Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of license amendment
request and opportunity to request a
hearing.
DATES: A request for a hearing must be
filed by May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Ted
Carter, Project Manager, Materials
Decommissioning Branch, Division of
Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission (NRC), Two
White Flint North, Mail Stop T8 F5,
11545 Rockville Pike, Rockville,
Maryland 20852–2738 Telephone: (301)
415–5543; fax number: (301) 415–5369;
e-mail: ted.carter@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
In an application dated September 30,
2009, Worcester Polytechnic Institute
(WPI or the licensee) submitted a
Decommissioning Plan (DP) to the NRC
for approval for its Leslie C. Wilbur
Nuclear Reactor Facility (LCWNRF) on
the campus of WPI in Worcester,
Massachusetts. The DP and supporting
documents for the LCWNRF are located
in ADAMS at ML092880231. WPI is
working closely with the Department of
Energy, the Idaho National Laboratory
and NAC International, Inc. to facilitate
and schedule the removal of reactor fuel
from the facility before WPI’s overall
dismantling and decommissioning
begins. WPI submitted its combined
Quality Procedure and Quality
Assurance (QA) document
(ML092160598) in relation to WPI’s
nuclear fuel removal process on July 21,
2009. NRC reviewed and approved
WPI’s QA program for fuel removal on
August 19, 2009 (ML092310471).
On September 21, 2009, WPI
submitted its nuclear materials
Transportation Plan (TP) in support of
the removal of fuel. This document
contains safeguards information and is
not available to the public (see Section
V, Further Information, for instructions
for requesting access to this document).
The TP which specifically addresses
compliance with the requirements of 10
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10519
CFR Part 73 (‘‘Physical Protection of
Plants and Material’’), is under review.
The TP will govern the one-time
shipment offsite of WPI’s nuclear
reactor fuel. WPI plans to ship the fuel
to another research and test reactor
licensed by the NRC.
If the NRC approves WPI’s DP, the
approval will be documented in an
amendment to NRC License No. R–61.
Before approving the proposed
amendment, the NRC will need to make
the findings required by the Atomic
Energy Act of 1954, as amended (the
AEA), and the National Environmental
Policy Act. These findings will be
documented, respectively, in a Safety
Evaluation Report (SER), and in a
separate environmental analysis
performed by the NRC.
II. Opportunity To Request a Hearing
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, Petitions to Intervene,
Requirements for Standing, and
Contentions.’’ Interested persons should
consult 10 CFR Part 2, section 2.309,
which is available at the NRC’s Public
Document Room (PDR), located at O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852 (or
call the PDR at (800) 397–4209 or (301)
415–4737). NRC regulations are also
accessible electronically from the NRC’s
Electronic Reading Room on the NRC
Web site at https://www.nrc.gov.
III. Petitions for Leave 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 AEA 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
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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 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
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proceeding. The petition should be
submitted to the Commission by May 7,
2010. The petition must be filed in
accordance with the filing instructions
in section IV 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 May 7,
2010.
IV. 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
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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 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 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
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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
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
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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
March 8, 2010. 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).
V. Further Information
Documents related to the proposed
action are available electronically at the
NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/
adams.html. From this site, you can
access the NRC’s Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are the WPI
Decommissioning Plan for its Leslie C.
Wilbur Nuclear Reactor Facility (Initial
document dated March 31, 2009 under
ML090960651 and Final document
dated September 30, 2009 under
ML092880231), the WPI Quality
Procedure and Quality Assurance
Document (ML092160598), the NRC
Approval of the Quality Procedure and
Quality Assurance Document
(ML092310471), and the
Decommissioning Plan Acceptance
Review (ML091730008). If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
Public Document Room (PDR) reference
staff at 1–800–397–4209, 301–415–4737
or by e-mail to pdr.resource@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR at 11555
Rockville Pike, Rockville, Maryland
20852. The PDR reproduction contractor
will copy documents for a fee. As
discussed above in Section I., the WPI
nuclear materials Transportation Plan
contains safeguards information and is
not publically available. Instructions on
requesting access to this document are
contained in the following order.
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10521
Order Imposing Procedures for Access
to Safeguards Information for
Contention Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing 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
SGI 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 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 SGI to
the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, Attention: Rulemakings
and Adjudications Staff, and provide a
copy to the Associate General Counsel
for Hearings, Enforcement and
Administration, Office of the General
Counsel, Washington, DC 20555–0001.
The expedited delivery or courier mail
address for both offices is: U.S. Nuclear
Regulatory Commission, 11555
Rockville Pike, Rockville, Maryland
20852. The e-mail address for the Office
of the Secretary and the Office of the
General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@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 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
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 SGI under these procedures
should be submitted as described in this paragraph.
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request must contain the following
information:
(a) A statement that explains each
individual’s ‘‘need to know’’ the SGI, as
required by 10 CFR 73.2 and 10 CFR
73.22(b)(1). Consistent with the
definition of ‘‘need to know’’ as stated in
10 CFR 73.2, the statement must
explain:
(i) Specifically why the requestor
believes that the information is
necessary to enable the requestor to
proffer and/or adjudicate a specific
contention in this proceeding; 2 and
(ii) The technical competence
(demonstrable knowledge, skill, training
or education) of the 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)
website, a secure website 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,
DC 20555–0001, by calling (301) 415–
7232 or (301) 492–7311, or by e-mail to
Forms.Resource@nrc.gov. The
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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fingerprint card will be used to satisfy
the requirements of 10 CFR Part 2, 10
CFR 73.22(b)(1), and Section 149 of the
Atomic Energy Act of 1954, as amended,
which mandates that all persons with
access to SGI must be fingerprinted for
an FBI identification and criminal
history records check.
(d) A check or money order payable
in the amount of $ 200.00 4 to the U.S.
Nuclear Regulatory Commission for
each individual for whom the request
for access has been submitted, and
(e) If the 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.(3)(b), (c), and (d)
of this Order must be sent to the following
address: Office of Administration, U.S.
Nuclear Regulatory Commission, Personnel
Security Branch, Mail Stop TWB–05–B32M,
Washington, DC 20555–0012.
These documents and materials should
not be included with the request letter
to the Office of the Secretary, but the
request letter should state that the forms
and fees have been submitted as
required above.
D. To avoid delays in processing
requests for access to SGI, the requestor
should review all submitted materials
for completeness and accuracy
(including legibility) before submitting
them to the NRC. The NRC will return
incomplete packages to the sender
without processing.
E. Based on an evaluation of the
information submitted under paragraph
C.(3) above, as applicable, the NRC staff
will determine within 10 days of receipt
of the request whether:
4 This fee is subject to change pursuant to the
Office of Personnel Management’s adjustable billing
rates.
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(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 to know the SGI
requested.
F. 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. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 5 by
each individual who will be granted
access to SGI.
G. 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.
H. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for 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 SGI
contentions by that later deadline.
I. Review of Denials of Access.
(1) If the request for access to SGI is
denied by the NRC staff either after a
determination on standing and need to
know, or after a determination on
trustworthiness and reliability, the NRC
staff shall immediately notify the
5 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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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 or Office of Administration’s
adverse determination 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.
J. Review of Grants of Access. A party
other than the requestor may challenge
an NRC staff determination granting
access to 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 2.311.6
10523
K. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to 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 2nd day
of March 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
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 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 including the application fee for the fingerprint/background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SGI (+25 Answers to petition for intervention; +7 requestor/petitioner 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 to know. 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 to know,’’ or no likelihood of standing, the deadline for requestor/petitioner 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.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(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 SGI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to 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 SGI contentions by that
later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 .............................
60 .............................
20 .............................
25 .............................
30 .............................
190 ...........................
205 ...........................
A ..............................
A + 3 ........................
A + 28 ......................
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A + 53 ......................
A + 60 ......................
>A + 60 ....................
6 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
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staff determinations (because they must be served
on a presiding officer or the Commission, as
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submitted to the NRC staff under these procedures.
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[FR Doc. 2010–4825 Filed 3–5–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0080]
NUREG–0654/FEMA–REP–1, Rev. 1,
Supplement 3, Guidance for Protective
Action Recommendations for General
Emergencies; Draft for Comment
AGENCY: Nuclear Regulatory
Commission (NRC).
ACTION: Announcement of issuance for
public comment, availability.
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY: The NRC has issued for
public comment a document entitled:
‘‘NUREG–0654/FEMA–REP–1, Rev. 1,
Supplement 3, Guidance for Protective
Action Recommendations for General
Emergencies, Draft Report for
Comment.’’
DATES: Please submit comments by May
24, 2010. Comments received after this
date will be considered if it is practical
to do so, but the NRC staff is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2010–
0080 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2010–0080. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking and Directives
Branch (RDB), Division of
Administrative Services, Office of
Administration, Mail Stop: TWB–05–
VerDate Nov<24>2008
17:12 Mar 05, 2010
Jkt 220001
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by fax to RDB at 301–492–3446.
You can access publicly available
documents related to this notice using
the following methods:
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. NUREG–0654/
FEMA–REP–1, Rev. 1, Supplement 3,
‘‘Guidance for Protective Action
Recommendations for General
Emergencies, Draft Report for Comment’’
is available electronically under
ADAMS Accession Number
ML100150268.
Federal Rulemaking Web site: Public
comments and supporting materials
related to this notice can be found at
https://www.regulations.gov by searching
on Docket ID: NRC–2010–0080.
FOR FURTHER INFORMATION CONTACT:
Randy Sullivan, Division of
Preparedness and Response, Office of
Nuclear Security and Incident
Response, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001. Telephone: 301–415–1123, e-mail:
randy.sullivan@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
is proposing to update its protective
action recommendation guidance by
issuing NUREG–0654/FEMA–REP–1,
Rev. 1, Supplement 3, ‘‘Guidance for
Protective Action Recommendations for
General Emergencies, Draft Report for
Comment.’’ When this document is
issued in final form for use, it will
supersede the existing guidance
contained in Supplement 3 to NUREG–
0654/FEMA–REP–1, Rev. 1, ‘‘Criteria for
Preparation and Evaluation of
Radiological Emergency Response Plans
and Preparedness in Support of Nuclear
Power Plants,’’ which was issued in
draft form for interim use and guidance
in 1996. This updated draft guidance
reflects insights the NRC gained through
study of protective action strategy
PO 00000
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Fmt 4703
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efficacy documented in NUREG–0653,
‘‘Review of NUREG–0654, Supplement
3, ‘Criteria for Protective Action
Recommendations for Severe
Accidents’ ’’ (which can be found at the
NRC Web site address: https://
www.nrc.gov/reading-rm/doccollections/nuregs/contract/cr6953/).
The NRC has coordinated the draft
Supplement 3 with the Federal
Emergency Management Agency. The
draft guidance incorporates the
following elements:
• Increased offsite response
organization involvement in
development of protective action
strategy
• Consideration of staged evacuation
as the initial protective action at General
Emergency
• Increased use of shelter-in-place for
certain scenarios
• Guidance to improve
communications with the public before
and during an emergency
The NRC expects to issue the guidance
in final form in mid-2011 and nuclear
power plant licensees to implement the
guidance in their emergency
preparedness programs within one year
of the issuance of this guidance
document in final form. Elements of the
guidance should be demonstrated by
each applicable licensee in its next
biennial exercise with a scenario that
requires offsite protective actions that is
conducted more than one year after that
issuance date. The NRC is seeking
comment on the technical content of
draft Supplement 3 as well as its
implementation schedule.
Dated at Rockville, Maryland this 25th day
of February 2010.
For the Nuclear Regulatory Commission.
Robert E. Kahler,
Chief, Inspection and Regulatory
Improvements Branch, Division of
Preparedness and Response, Office of Nuclear
Security and Incident Response.
[FR Doc. 2010–4878 Filed 3–5–10; 8:45 am]
BILLING CODE 7590–01–P
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Agencies
[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10519-10524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4825]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-134; NRC-2010-0053]
Notice of License Amendment Request by the Worcester Polytechnic
Institute for Approval of the Decommissioning Plan for the Leslie C.
Wilbur Nuclear Reactor Facility in Worcester, MA and Opportunity To
Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request and opportunity to request
a hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by May 7, 2010.
FOR FURTHER INFORMATION CONTACT: Ted Carter, Project Manager, Materials
Decommissioning Branch, Division of Waste Management and Environmental
Protection, Office of Federal and State Materials and Environmental
Management Programs, U.S. Nuclear Regulatory Commission (NRC), Two
White Flint North, Mail Stop T8 F5, 11545 Rockville Pike, Rockville,
Maryland 20852-2738 Telephone: (301) 415-5543; fax number: (301) 415-
5369; e-mail: ted.carter@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
In an application dated September 30, 2009, Worcester Polytechnic
Institute (WPI or the licensee) submitted a Decommissioning Plan (DP)
to the NRC for approval for its Leslie C. Wilbur Nuclear Reactor
Facility (LCWNRF) on the campus of WPI in Worcester, Massachusetts. The
DP and supporting documents for the LCWNRF are located in ADAMS at
ML092880231. WPI is working closely with the Department of Energy, the
Idaho National Laboratory and NAC International, Inc. to facilitate and
schedule the removal of reactor fuel from the facility before WPI's
overall dismantling and decommissioning begins. WPI submitted its
combined Quality Procedure and Quality Assurance (QA) document
(ML092160598) in relation to WPI's nuclear fuel removal process on July
21, 2009. NRC reviewed and approved WPI's QA program for fuel removal
on August 19, 2009 (ML092310471).
On September 21, 2009, WPI submitted its nuclear materials
Transportation Plan (TP) in support of the removal of fuel. This
document contains safeguards information and is not available to the
public (see Section V, Further Information, for instructions for
requesting access to this document).
The TP which specifically addresses compliance with the
requirements of 10 CFR Part 73 (``Physical Protection of Plants and
Material''), is under review. The TP will govern the one-time shipment
offsite of WPI's nuclear reactor fuel. WPI plans to ship the fuel to
another research and test reactor licensed by the NRC.
If the NRC approves WPI's DP, the approval will be documented in an
amendment to NRC License No. R-61. Before approving the proposed
amendment, the NRC will need to make the findings required by the
Atomic Energy Act of 1954, as amended (the AEA), and the National
Environmental Policy Act. These findings will be documented,
respectively, in a Safety Evaluation Report (SER), and in a separate
environmental analysis performed by the NRC.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to
Intervene, Requirements for Standing, and Contentions.'' Interested
persons should consult 10 CFR Part 2, section 2.309, which is available
at the NRC's Public Document Room (PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at (800) 397-4209 or (301) 415-4737). NRC regulations are also
accessible electronically from the NRC's Electronic Reading Room on the
NRC Web site at https://www.nrc.gov.
III. Petitions for Leave 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 AEA 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
[[Page 10520]]
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 May
7, 2010. The petition must be filed in accordance with the filing
instructions in section IV 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 May 7, 2010.
IV. 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 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
[[Page 10521]]
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 March 8, 2010. 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).
V. Further Information
Documents related to the proposed action are available
electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agencywide Documents Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The ADAMS
accession numbers for the documents related to this notice are the WPI
Decommissioning Plan for its Leslie C. Wilbur Nuclear Reactor Facility
(Initial document dated March 31, 2009 under ML090960651 and Final
document dated September 30, 2009 under ML092880231), the WPI Quality
Procedure and Quality Assurance Document (ML092160598), the NRC
Approval of the Quality Procedure and Quality Assurance Document
(ML092310471), and the Decommissioning Plan Acceptance Review
(ML091730008). If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail to pdr.resource@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's PDR at 11555 Rockville Pike, Rockville,
Maryland 20852. The PDR reproduction contractor will copy documents for
a fee. As discussed above in Section I., the WPI nuclear materials
Transportation Plan contains safeguards information and is not
publically available. Instructions on requesting access to this
document are contained in the following order.
Order Imposing Procedures for Access to Safeguards Information for
Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing
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 SGI 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 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 SGI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@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 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) 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
[[Page 10522]]
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) website, a secure
website 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, DC 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.(3)(b), (c), and (d) of this Order must be sent to the following
address: Office of Administration, U.S. Nuclear Regulatory
Commission, Personnel Security Branch, Mail Stop TWB-05-B32M,
Washington, DC 20555-0012.
These documents and materials should not be included with the request
letter to the Office of the Secretary, but the request letter should
state that the forms and fees have been submitted as required above.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraph C.(3) 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
(2) The requestor has established a legitimate need to know the SGI
requested.
F. 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. These conditions may
include, but are not limited to, the signing of a Non-Disclosure
Agreement or Affidavit, or Protective Order \5\ by each individual who
will be granted access to SGI.
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\5\ 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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G. 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.
H. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for 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 SGI contentions by that later deadline.
I. Review of Denials of Access.
(1) If the request for access to SGI is denied by the NRC staff
either after a determination on standing and need to know, or after a
determination on trustworthiness and reliability, the NRC staff shall
immediately notify the
[[Page 10523]]
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 or Office of
Administration's adverse determination 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.
J. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to 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.\6\
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\6\ 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 SGI request submitted to the NRC staff under these
procedures.
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K. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to 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 2nd day of March 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 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 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 including the application
fee for the 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 SGI (+25 Answers to
petition for intervention; +7 requestor/
petitioner 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 to know. 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 to know,'' or
no likelihood of standing, the deadline
for requestor/petitioner 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.
30.......................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
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
SGI consistent with decision issuing the
protective order.
A + 28...................... Deadline for submission of contentions
whose development depends upon access to
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 SGI contentions
by that later deadline.
A + 53...................... (Contention receipt +25) Answers to
contentions whose development depends
upon access to SGI.
A + 60...................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60..................... Decision on contention admission.
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[[Page 10524]]
[FR Doc. 2010-4825 Filed 3-5-10; 8:45 am]
BILLING CODE 7590-01-P