Notice of Acceptance of Application for Special Nuclear Materials License From Oregon State University, Corvallis, OR, Opportunity To Request a Hearing, and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation, 26807-26812 [2010-11310]
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26807
Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices
de Freitas WDT at 11–12, Tab 1–R.
Dr. Singer conceded the percentage
increase in subscriber instances was
greater for Canadian distant signals
relative to all other distant signals. 6/15/
09 Tr. at 762–63 (Singer). The Settling
Parties do not contest that there has
been increases in the subscriber
instances for Canadian signals, and that
the relative increases are greater for
Canadian signals, other than to contend
that such increases are not indicative of
increases in relative marketplace value.
Joint Findings at 15–16.
C. Determination of the Judges
As with our consideration of the fee
generation approach, we are required by
the Joint Stipulations to consider the
Canadian Claimants’ ‘‘changed
circumstances’’ in accordance with the
1998–99 CARP’s determination.11 The
question arises: Must we find an
approximate doubling of fees generated,
as the CARP did, in order to find there
are sufficient changed circumstances to
award the Canadian Claimants their
requested share of the royalties?
We answer that question in the
negative. We are required to apply the
1998–99 CARP’s methodology–fee
generation approach plus changed
circumstances—but there is a difference
between the methodology of fee
generation and the evidence of changed
circumstances. We have given the
former considerable deference, but the
latter is a factual inquiry. The 1998–99
CARP’s determination of an
approximate doubling of fees generated
was a factual finding, not a methodology
in and of itself, and we therefore do not
require the Canadian Claimants in this
proceeding to demonstrate a similar
increase in fees generated.
Examining the information contained
in the charts above, we conclude that
the data reflects a meaningful increase
in the relative growth of the fees
generated for both the Basic and 3.75%
Funds for the Canadian Claimants’
programming from the 1998–99 to
2000–03 period. This is confirmed
through examination not only of this
period alone, but from 1990–92 as well,
a comparison that heavily influenced
the 1998–99 CARP’s decision. In finding
the relative increase for 2000–2003 to be
meaningful, and therefore sufficient for
Basic fund
(percent)
Year
2000
2001
2002
2003
.............................................................................................
.............................................................................................
.............................................................................................
.............................................................................................
So ordered.
James Scott Sledge
Chief Copyright Royalty Judge
William J. Roberts, Jr.
Copyright Royalty Judge
Stanley C. Wisniewski
Copyright Royalty Judge
4:45 p.m.
May 14, 2010, 8:30 a.m.–10:30 a.m.
PLACE: Key Bridge Marriott, 1401 Lee
Highway, Arlington, VA.
STATUS: Parts of this meeting will be
open to the public. The rest of the
meeting will be closed to the public.
MATTERS TO BE CONSIDERED: National
Summit on Disability Policy 2010.
PORTIONS OPEN TO THE PUBLIC: Thursday,
May 13, 2010, 9 a.m.–4:45 p.m.
MATTERS TO BE CONSIDERED: Closed
Executive Session.
PORTIONS CLOSED TO THE PUBLIC: Friday,
May 14, 2010, 8:30 a.m.–10:30 a.m.
CONTACT PERSON FOR MORE INFORMATION:
Mark Quigley, Director of
Communications, NCD, 1331 F Street,
NW., Suite 850, Washington, DC 20004;
202–272–2004, 202–272–2074 (TTY).
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
BILLING CODE 1410–72–P
11 We are persuaded that Nat’l Ass’n of
Broadcasters v. Copyright Royalty Tribunal, 772
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Sunshine Act Meetings
DATES AND TIMES:
May 13, 2010, 9 a.m.–
F.2d 922, 932 (DC Cir. 1985), cert. denied, 475 U.S.
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Having fully considered the record
and for the reasons set forth herein, the
Copyright Royalty Judges order that the
Canadian Claimants’ shares of the 2000,
2001, 2002, and 2003 cable royalties
shall be distributed according to the
following percentages:
2.04383
2.35338
2.53544
2.58496
NATIONAL COUNCIL ON DISABILITY
[FR Doc. 2010–11231 Filed 5–11–10; 8:45 am]
VI. Order of the Copyright Royalty
Judges
3.75% Fund
(percent)
Per the terms of the Joint Stipulation,
the remaining balance of the 2000–2003
royalty fees is awarded to the Settling
Parties.
Dated: March 30, 2010.
James Scott Sledge,
Chief, U.S. Copyright Royalty Judge.
Approved by:
James H. Billington,
Librarian of Congress.
the Canadian Claimants to sustain their
burden of demonstrating changed
circumstances, we also note that the
proportional increase in subscriber
instances for Canadian distant signals,
relative to all other signals, is significant
as well. Even though the CARP did not
address proportional increases for
subscriber instances, this is an
evidentiary finding (not a
methodological one) that further
supports an identification of changed
circumstances. Therefore, we conclude
that the available evidence as a whole,
when applied to the two choices offered
by the parties’ Joint Stipulations, merits
the increase in royalties sought by the
Canadian Claimants.
Fmt 4703
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Syndex fund
(percent)
0.33006
1.28069
1.88970
2.42881
0
0
0
0
Dated: May 4, 2010.
Joan M. Durocher,
Executive Director.
[FR Doc. 2010–11392 Filed 5–10–10; 11:15 am]
BILLING CODE 6820–MA–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–7019; NRC–2010–0174]
Notice of Acceptance of Application
for Special Nuclear Materials License
From Oregon State University,
Corvallis, OR, Opportunity To Request
a Hearing, and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI) for Contention
Preparation
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of license application,
opportunity to request a hearing, and
Order Imposing Procedures for Access
1035 (1986), is not a bar to our consideration of
changed circumstances.
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Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
to Sensitive Unclassified NonSafeguards Information (SUNSI) for
Contention Preparation.
DATES: Requests for a hearing or leave to
intervene must be filed by July 12, 2010.
Any potential party as defined in 10
CFR 2.4 who believes access to
Sensitive Unclassified Non-Safeguards
Information is necessary to response to
this notice must request document
access by May 24, 2010.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2010–
0174 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–2010–0174. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Chief, Rules,
Announcements, and Directives Branch
(RADB), Office of Administration, Mail
Stop: TWB–05–B01M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, or by fax to RADB 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
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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. The public
version of the Oregon State University
license application is available
electronically under ADAMS Accession
Number ML100431387. The ADAMS
accession number for the non-public
version of the license application is
ML100431384. The ADAMS accession
number for the NRC staff’s March 5,
2010, acceptance letter is ML100221380.
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–2010–0174.
FOR FURTHER INFORMATION CONTACT:
Mary Adams, Senior Project Manager,
Fuel Manufacturing Branch, Division of
Fuel Cycle Safety and Safeguards, Office
of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Rockville, Maryland
20852. Telephone: (301) 492–3113; Fax:
(301) 492–3363; e-mail:
Mary.Adams@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) has accepted an application for a
new license for the possession and use
of special nuclear materials (SNM) for
research programs at Oregon State
University in Corvallis, Oregon. Oregon
State University requested the new
license for a period of 10 years. This
license application, if approved, would
authorize Oregon State University to
possess and use special nuclear
materials under Title 10 of the Code of
Federal Regulations (10 CFR) part 70,
‘‘Domestic Licensing of Special Nuclear
Material.’’
II. Discussion
In an application dated October 22,
2009, Oregon State University requested
a license to possess and use SNM to
experimentally acquire hydromechanical properties of single fuel
elements. The fuel elements are from
five high-performance research reactors
located in the United States. Following
an administrative review, the NRC
requested that Oregon State University
revise the application to include certain
elements essential to the review. Oregon
State University submitted a revised
license application dated February 11,
2010, and, as documented in a letter to
Oregon State University dated March 5,
2010, the NRC staff found the revised
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license application acceptable to begin a
technical review. The application has
been docketed in Docket No. 70–7019.
If the NRC approves the license
application, the approval will be
documented in the issuance of a new
NRC License. However, before
approving the license application, the
NRC will need to make the findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
NRC’s regulations. These findings will
be documented in a Safety Evaluation
Report. Because the licensed material
will be used for research and
development and for educational
purposes, the application appears to
qualify for a categorical exclusion
pursuant to 10 CFR 51.22(c)(14)(v).
III. 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.
IV. Petitions for Leave To Intervene
Any person whose interest may be
affected by this proceeding and who
desires to participate as a party in the
proceeding must file a written petition
for leave to intervene. As required by 10
CFR 2.309, a petition for leave to
intervene shall set forth with
particularity the interest of the
petitioner in the proceeding and how
that interest may be affected by the
results of the proceeding. The petition
must provide the name, address, and
telephone number of the petitioner and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
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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
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
license application that the petitioner
disputes and the supporting reasons for
each dispute, or, if the petitioner
believes that the license application
fails to contain information on a
relevant matter as required by law, the
identification of each failure and the
supporting reasons for the petitioner’s
belief. Each contention must be one
that, if proven, would entitle the
petitioner to relief.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Licensing Board will set the time
and place for any prehearing
conferences and evidentiary hearings,
and the appropriate notices will be
provided.
Non-timely petitions for leave to
intervene and contentions, amended
petitions, and supplemental petitions
will not be entertained absent a
determination by the Commission, the
Licensing Board or a Presiding Officer
that the petition should be granted and/
or the contentions should be admitted
based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)–(viii).
A State, county, municipality,
Federally-recognized Indian Tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
party under 10 CFR 2.309(d)(2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by July 12,
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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 July 12,
2010.
V. 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 any
document 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
petitioner/requestor 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
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26809
submitting a request or petition for
hearing (even in instances in which the
petitioner/requestor, or its counsel or
representative, already holds an NRCissued digital ID certificate.) Based on
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
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 petitioner/requestor has
obtained a digital ID certificate and a
docket has been created, the petitioner/
requestor can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE system no later than 11:59 p.m.,
Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing
system time-stamps the document and
sends the submitter an e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
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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 (800) 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 a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings 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:
Rulemakings 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
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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 May
12, 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).
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
submitted later than 10 days after
publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requester shall submit a letter
requesting permission to access SUNSI
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
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
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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 requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention;
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
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
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.
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
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices
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 requester 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 requester may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed 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
26811
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 6th day
of May 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).
The U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request
for access provides a reasonable basis to believe standing can be established and shows 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/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
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.
(Answer receipt +7) Petitioner/Intervener reply to answers.
Decision on contention admission.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
A + 28 ...............
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A + 53 ...............
A + 60 ...............
>A + 60 .............
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
VerDate Mar<15>2010
15:00 May 11, 2010
Jkt 220001
staff determinations (because they must be served
on a presiding officer or the Commission, as
PO 00000
Frm 00106
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applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
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26812
Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices
[FR Doc. 2010–11310 Filed 5–11–10; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2010–47; Order No. 454]
New Postal Product
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
SUMMARY: The Commission is noticing a
recently-filed Postal Service request to
add a Global Direct Contracts 1
(MC2010–17) negotiated service
agreement to the Competitive Product
List. This notice addresses procedural
steps associated with the filing.
DATES: Comments are due: May 14,
2010.
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Commenters who cannot
submit their views electronically should
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
by telephone for advice on alternatives
to electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
stephen.sharfman@prc.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
I. Introduction
On May 4, 2010, the Postal Service
filed a notice announcing that it has
entered into an additional Global Direct
Contracts 1 agreement.1 Global Direct
Contracts provide a rate for mail
acceptance within the United States,
transportation to a receiving country of
mail that bears the destination country’s
indicia, and payment by the Postal
Service of the appropriate settlement
charges to the receiving country. The
Postal Service believes the instant
agreement is functionally equivalent to
the Global Direct Contracts 1 agreements
in Docket Nos. MC2010–17, CP2010–18
and CP2010–19 and supported by the
Governors’ Decision filed in Docket No.
MC2008–7.2
1 Notice of United States Postal Service Filing of
Functionally Equivalent Global Direct Contracts 1
Negotiated Service Agreement, May 4, 2010
(Notice).
2 Notice at 1–2. See Docket No. MC2008–7,
Request of the United States Postal Service to Add
Global Plus 2 Negotiated Service Agreements to the
Competitive Product List, and Notice of Filing
VerDate Mar<15>2010
15:00 May 11, 2010
Jkt 220001
The instant agreement. The Postal
Service filed the instant agreement
pursuant to 39 CFR 3015.5. In addition,
the Postal Service contends that the
agreement is in accordance with Order
No. 153.3 The term of the instant
agreement is 1 year from the date the
Postal Service notifies the customer that
all necessary regulatory approvals have
been received and it may be
automatically renewed unless
terminated by the parties. Notice at 3.
The Postal Service states that the instant
agreement replaces the agreement for
the customer in Docket No. CP2009–29
which will expire soon. Id. at 2–3.
In support of its Notice, the Postal
Service filed four attachments as
follows:
• Attachment 1—a redacted copy of
the contract;
• Attachment 2—a certified statement
required by 39 CFR 3015.5(c)(2);
• Attachment 3—a redacted copy of
Governors’ Decision No. 08–10, which
establishes prices and classifications for
Global Direct, Global Bulk Economy,
and Global Plus Contracts; and
• Attachment 4—an application for
non-public treatment of materials to
maintain redacted portions of the
contract and supporting documents
under seal.4
The Postal Service states that the
instant agreement fits within the Mail
Classification Schedule language for
Global Direct Contracts in Governors’
Decision No. 08–10, with the
modification noted in Order No. 153.5
The Notice advances reasons why the
instant agreement fits within the Mail
Classification Schedule language for
Global Direct Contracts and is
functionally equivalent to the previous
Global Direct Contracts 1 in Docket Nos.
MC2010–17 and CP2010–18. The Postal
(Under Seal) the Enabling Governors’ Decision and
Two Functionally Equivalent Agreements, August
8, 2008; Attachment 1 is a redacted version of
Decision of the Governors of the United States
Postal Service on the Establishment of Prices and
Classifications for Global Direct, Global Bulk
Economy, and Global Plus Contracts, July 16, 2008
(Governors’ Decision No. 08–10). The Postal Service
also filed under seal an unredacted version of the
Governors’ Decision in that docket.
3 See Docket Nos. MC2009–9, CP2009–10 and
CP2009–11, Order Concerning Global Direct
Contracts Negotiated Service Agreements,
December 19, 2008 (Order No. 153).
4 The Postal Service states in its Notice that
Attachment 3 is the application for non-public
treatment of the redacted materials and that
Attachment 4 is the redacted version of the
Governors’ Decision No. 08–10. However, the
attachments filed in this docket are as noted above.
5 See Order No. 153 at 9. See also Docket No.
MC2009–23, Order of Classification Changes, May
11, 2009, that accepts a Postal Service proposal to
modify the Mail Classification Schedule so that for
Global Direct service the mailer is notified whether
such mail is (or is not) sealed against inspection.
PO 00000
Frm 00107
Fmt 4703
Sfmt 9990
Service characterizes certain differences
from previous Global Direct agreements
as cosmetic or customer-specific
updates. It identifies changes in specific
provisions that contain the essential
differences from the previous Global
Direct Contracts 1 agreement as
revisions in mailer notification
requirements, mailer minimum
commitment, and clarifying countryspecific notification requirements all of
which are highlighted in the Notice. Id.
at 3. It contends that the instant contract
is functionally equivalent to the Global
Direct Contracts 1 agreement filed
previously notwithstanding these
differences. Id. at 4.
The Postal Service contends that its
filing demonstrates that the ‘‘cost and
market characteristics of this agreement
are substantially similar to those of prior
Global Direct contracts’’ and is in
conformity with the requirements of 39
U.S.C. 3633. Id. It requests that the
agreement be included within the
Global Direct Contracts 1 product.
II. Notice of Filing
The Commission establishes Docket
No. CP2010–47 for consideration of
matters related to the contract identified
in the Postal Service’s Notice.
Interested persons may submit
comments on whether the Postal
Service’s contract is consistent with the
policies of 39 U.S.C. 3632, 3633 or 3642.
Comments are due no later than May 14,
2010. The public portions of this filing
can be accessed via the Commission’s
Web site (https://www.prc.gov).
The Commission appoints Paul L.
Harrington to serve as Public
Representative in the captioned filing.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
No. CP2010–47 for consideration of
matters raised by the Postal Service’s
Notice.
2. Comments by interested persons in
these proceedings are due no later than
May 14, 2010.
3. Pursuant to 39 U.S.C. 505, Paul L.
Harrington is appointed to serve as the
officer of the Commission (Public
Representative) to represent the
interests of the general public in these
proceedings.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2010–11246 Filed 5–11–10; 8:45 am]
BILLING CODE 7710–FW–S
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]]>Agencies
[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Pages 26807-26812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11310]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7019; NRC-2010-0174]
Notice of Acceptance of Application for Special Nuclear Materials
License From Oregon State University, Corvallis, OR, Opportunity To
Request a Hearing, and Order Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards Information (SUNSI) for
Contention Preparation
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license application, opportunity to request a
hearing, and Order Imposing Procedures for Access
[[Page 26808]]
to Sensitive Unclassified Non-Safeguards Information (SUNSI) for
Contention Preparation.
-----------------------------------------------------------------------
DATES: Requests for a hearing or leave to intervene must be filed by
July 12, 2010. Any potential party as defined in 10 CFR 2.4 who
believes access to Sensitive Unclassified Non-Safeguards Information is
necessary to response to this notice must request document access by
May 24, 2010.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2010-0174 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-2010-0174. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Chief, Rules, Announcements, and Directives
Branch (RADB), Office of Administration, Mail Stop: TWB-05-B01M, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by fax to
RADB 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. The public version of the Oregon State University
license application is available electronically under ADAMS Accession
Number ML100431387. The ADAMS accession number for the non-public
version of the license application is ML100431384. The ADAMS accession
number for the NRC staff's March 5, 2010, acceptance letter is
ML100221380.
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-2010-0174.
FOR FURTHER INFORMATION CONTACT: Mary Adams, Senior Project Manager,
Fuel Manufacturing Branch, Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Rockville, Maryland 20852. Telephone:
(301) 492-3113; Fax: (301) 492-3363; e-mail: Mary.Adams@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) has accepted an application
for a new license for the possession and use of special nuclear
materials (SNM) for research programs at Oregon State University in
Corvallis, Oregon. Oregon State University requested the new license
for a period of 10 years. This license application, if approved, would
authorize Oregon State University to possess and use special nuclear
materials under Title 10 of the Code of Federal Regulations (10 CFR)
part 70, ``Domestic Licensing of Special Nuclear Material.''
II. Discussion
In an application dated October 22, 2009, Oregon State University
requested a license to possess and use SNM to experimentally acquire
hydro-mechanical properties of single fuel elements. The fuel elements
are from five high-performance research reactors located in the United
States. Following an administrative review, the NRC requested that
Oregon State University revise the application to include certain
elements essential to the review. Oregon State University submitted a
revised license application dated February 11, 2010, and, as documented
in a letter to Oregon State University dated March 5, 2010, the NRC
staff found the revised license application acceptable to begin a
technical review. The application has been docketed in Docket No. 70-
7019.
If the NRC approves the license application, the approval will be
documented in the issuance of a new NRC License. However, before
approving the license application, the NRC will need to make the
findings required by the Atomic Energy Act of 1954, as amended (the
Act), and the NRC's regulations. These findings will be documented in a
Safety Evaluation Report. Because the licensed material will be used
for research and development and for educational purposes, the
application appears to qualify for a categorical exclusion pursuant to
10 CFR 51.22(c)(14)(v).
III. 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.
IV. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who desires to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the petitioner in the proceeding and how that interest may
be affected by the results of the proceeding. The petition must provide
the name, address, and telephone number of the petitioner and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Act to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law
[[Page 26809]]
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 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 license application that the petitioner
disputes and the supporting reasons for each dispute, or, if the
petitioner believes that the license application 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 July
12, 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 July 12, 2010.
V. 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 any document 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 petitioner/requestor
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
petitioner/requestor, or its counsel or representative, already holds
an NRC-issued digital ID certificate.) Based on 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 petitioner/requestor has obtained a digital ID certificate
and a docket has been created, the petitioner/requestor can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE system no later than
11:59 p.m., Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the
[[Page 26810]]
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 (800) 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 a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings 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: Rulemakings 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 May 12, 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).
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 requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI 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 the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention;
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 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.
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\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.
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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
[[Page 26811]]
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 requester 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 requester may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed 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\
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\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.
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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 6th day of May 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....................... The U.S. Nuclear Regulatory Commission (NRC)
staff informs the requester of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows 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/requester to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervener
reply to answers.
>A + 60.................. Decision on contention admission.
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[[Page 26812]]
[FR Doc. 2010-11310 Filed 5-11-10; 8:45 am]
BILLING CODE 7590-01-P
