PSEG Power, LLC, and PSEG Nuclear, LLC, Early Site Permit Application for the PSEG Site, Notice of Hearing, Opportunity to Petition for Leave To Intervene, and Associated Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information for Contention Preparation, 68624-68629 [2010-28131]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Notices]
[Pages 68624-68629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28131]


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NUCLEAR REGULATORY COMMISSION

[Docket No.: 52-043; NRC-2010-0215]


PSEG Power, LLC, and PSEG Nuclear, LLC, Early Site Permit 
Application for the PSEG Site, Notice of Hearing, Opportunity to 
Petition for Leave To Intervene, and Associated Order Imposing 
Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information for Contention Preparation

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of hearing and opportunity to petition for leave to 
intervene.

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DATES: Petitions for leave to intervene must be filed by January 7, 
2011.

FOR FURTHER INFORMATION CONTACT: Prosanta Chowdhury, Project Manager, 
EPR Projects Branch, Division of New Reactor Licensing, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone: 301-415-1647; e-mail: Prosanta.Chowdhury@nrc.gov.
    NRC Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC PDR, Room O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC 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 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 PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
pdr.resource@nrc.gov . The application letter dated May 25, 2010, is 
available electronically under ADAMS Accession Number ML101480484. The 
application is also electronically available for public viewing at 
https://www.nrc.gov/reactors/new-reactors/esp/pseg.html.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to the Atomic Energy Act of 1954, as amended (the Act), 
and the regulations in Title 10 of the Code of Federal Regulations (10 
CFR) part 2, ``Rules of Practice for Domestic Licensing Proceedings and 
Issuance of Orders,'' 10 CFR part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' and 10 CFR part 52, 
``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' 
notice is hereby given that a hearing will be held, at a time and place 
to be set in the future by the NRC or designated by the Atomic Safety 
and Licensing Board (Board). The hearing will consider the application 
dated May 25, 2010, filed by PSEG Power, LLC and PSEG Nuclear, LLC, 
pursuant to Subpart A of 10 CFR part 52, for an early site permit 
(ESP). The

[[Page 68625]]

application, which was supplemented by the applicant by letters dated 
June 22, 2010, July 6, 2010, July 7, 2010, and July 29, 2010, requests 
approval of an ESP for the PSEG Site to be located in Salem County, New 
Jersey. Notice of NRC's receipt of the application was published in the 
Federal Register on June 18, 2010 (75 FR 34794). Notice of NRC's 
docketing of the application was published in the Federal Register on 
August 13, 2010 (75 FR 49539). The docket number established for this 
application is 52-043.
    The PSEG Site ESP application uses technical information from 
various certified and proposed designs to develop a plant parameter 
envelope for facility characterization necessary to assess the 
suitability of the site for any future construction and operation of a 
nuclear power plant.
    The hearing will be conducted by a Board that will be designated by 
the Chief Judge of the Atomic Safety and Licensing Board Panel or will 
be conducted by the Commission. Notice as to the membership of the 
Board would be published in the Federal Register at a later date. The 
NRC staff will complete a detailed technical review of the application 
and will document its findings in a safety evaluation report (SER). The 
Commission will refer a copy of the application to the Advisory 
Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.23, 
``Referral to the ACRS,'' and the ACRS will report on those portions of 
the application that concern safety. The NRC staff will also complete 
an environmental review of the application and will document its 
findings in an environmental impact statement (EIS) in accordance with 
the National Environmental Policy Act of 1969, as amended, and the 
Commission's regulations in 10 CFR Part 51.

II. Petitions for Leave To Intervene

    Requirements for 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, Sec.  2.309, which is available at the NRC PDR, located at O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852 (or call the PDR at 1-800-397-4209 or 301-415-4737). NRC 
regulations are also accessible electronically from the NRC Electronic 
Reading Room on the NRC Web site at https://www.nrc.gov.
    Any person whose interest may be affected by this proceeding and 
who desires to participate as a party to this proceeding must file a 
written petition for leave to intervene. As required by 10 CFR 2.309, a 
petition for leave to intervene shall set forth with particularity the 
interest of the petitioner in the proceeding and how that interest may 
be affected by the results of the proceeding. The petition must provide 
the name, address, and telephone number of the petitioner and 
specifically explain the reasons why intervention should be permitted 
with particular reference to the following factors: (1) The nature of 
the petitioner's right under the Act to be made a party to the 
proceeding; (2) the nature and extent of the petitioner's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any order that may be entered in the proceeding on the 
petitioner's interest.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the petitioner must provide a specific 
statement of the issue of law or fact to be raised or controverted, as 
well as a brief explanation of the basis for the contention. 
Additionally, the petitioner must demonstrate that the issue raised by 
each contention is within the scope of the proceeding and is material 
to the findings the NRC must make to support the granting of an early 
site permit 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 
that the petitioner disputes and the supporting reasons for each 
dispute, or, if the petitioner believes that the 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.
    Those permitted to intervene become parties to the contested 
proceeding, subject to any limitations in the order granting leave to 
intervene. The party's participation will be governed by applicable NRC 
regulations, policies, and procedures, and may include the opportunity 
to present the party's legal and technical views, introduce evidence, 
and propose questions to be asked of witnesses. The Board will set the 
time and place for any prehearing conferences and evidentiary hearings, 
and the appropriate notices will be provided.
    Petitions for leave to intervene must be filed no later than 60 
days from November 8, 2010. 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 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 be 
submitted to the Commission by January 7, 2011. The petition must be 
filed in accordance with the filing instructions in Section III of this 
document, and should meet the requirements for petitions for leave to 
intervene set forth in this section, except that State and Federally-
recognized Indian Tribes do not need to address the standing 
requirements in 10 CFR 2.309(d)(1) if the facility is located within 
its boundaries. The entities listed above may also seek to participate 
in a hearing as a nonparty in accordance with 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. The Board will determine when it will accept limited 
appearance statements, and advise the public of such opportunities.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
petition for leave to intervene, any motion or other document filed in 
the proceeding prior to the submission of a 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

[[Page 68626]]

accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the petitioner 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 the NRC 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 the NRC ``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 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 online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
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 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 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 E-Filing system. To be timely, an electronic filing must be 
submitted to the E-Filing system no later than 11:59 p.m. Eastern Time 
on the due date. Upon receipt of a transmission, the E-Filing system 
time-stamps the document and sends the submitter an e-mail notice 
confirming receipt of the document. The E-Filing system also 
distributes an e-mail notice that provides access to the document to 
the NRC Office of the General Counsel and any others who have advised 
the Office of the Secretary that they wish to participate in the 
proceeding, so that the filer need not serve the documents on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before a 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 NRC 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 email 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, 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 the 
NRC electronic hearing docket, which is available to the public at 
https://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the 
Commission, Board, 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.
    As noted in Section II above, petitions for leave to intervene must 
be filed no later than 60 days from November 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).
    Any person who files a motion pursuant to 10 CFR 2.323 must consult 
with counsel for the applicant and counsel for the NRC staff that are 
listed below. Counsel for the applicant is Vincent Zabielski, 856-339-
1090, Vincent.Zabielski@pseg.com. Counsel for the NRC staff in this 
proceeding is Sarah Price, 301-415-2047, Sarah.Price@nrc.gov.
    Documents may be examined, and/or copied for a fee, at the NRC PDR, 
located at One White Flint North, Public File Area O1 F21, 11555 
Rockville Pike (first floor), Rockville, Maryland, and will be 
accessible electronically through the ADAMS Public Electronic Reading 
Room link at the NRC Web site https://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing documents located in ADAMS should contact the NRC PDR 
Reference staff by telephone at 1-800-397-4209, 301-415-4737, or by e-
mail to pdr.resource@nrc.gov. The application is also available at 
https://www.nrc.gov/reactors/new-reactors/esp/pseg.html. The application 
is also available to local residents at the Penns Grove-Carneys Point 
Public Library, Penns Grove, New Jersey, and at the Salem Free Public 
Library, Salem, New Jersey. To search for documents in ADAMS using PSEG 
site application docket number 52-043,

[[Page 68627]]

enter the term ``05200043'' in the ``Docket Number'' field when using 
either the Web-based search (advanced search) engine or the ADAMS 
``Find'' tool in Citrix.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention 
Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including sensitive unclassified non-
safeguards information (SUNSI) and safeguards information (SGI)). 
Requirements for access to SGI are primarily set forth in 10 CFR parts 
2 and 73. Nothing in this Order is intended to conflict with the SGI 
regulations.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI or SGI is necessary to respond to this notice 
may request access to SUNSI or SGI. A ``potential party'' is any person 
who intends to participate as a party by demonstrating standing and 
filing an admissible contention under 10 CFR 2.309. Requests for access 
to SUNSI or SGI submitted later than 10 days after publication will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI, SGI, or both to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff, and provide a copy to the 
Associate General Counsel for Hearings, Enforcement and Administration, 
Office of the General Counsel, Washington, DC 20555-0001. The expedited 
delivery or courier mail address for both offices is: U.S. Nuclear 
Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. 
The e-mail address for the Office of the Secretary and the Office of 
the General Counsel are Hearing.Docket@nrc.gov and 
OGCmailcenter@nrc.gov, respectively.\1\ The request must include the 
following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC ``E 
Filing Rule,'' the initial request to access SUNSI and/or SGI under 
these procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1) of this Order;
    (3) If the request is for SUNSI, the identity of the individual or 
entity requesting access to SUNSI and the requestor's basis for the 
need for the information in order to meaningfully participate in this 
adjudicatory proceeding. In particular, the request must explain why 
publicly available versions of the information requested would not be 
sufficient to provide the basis and specificity for a proffered 
contention;
    (4) If the request is for SGI, the identity of each individual who 
would have access to SGI if the request is granted, including the 
identity of any expert, consultant, or assistant who will aid the 
requestor in evaluating the SGI. In addition, the request must contain 
the following information:
    (a) A statement that explains each individual's ``need to know'' 
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent 
with the definition of ``need to know'' as stated in 10 CFR 73.2, the 
statement must explain:
    (i) Specifically why the requestor believes that the information is 
necessary to enable the requestor to proffer and/or adjudicate a 
specific contention in this proceeding; \2\ and
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    \2\ Broad SGI requests under these procedures are unlikely to 
meet the standard for need to know; furthermore, staff redaction of 
information from requested documents before their release may be 
appropriate to comport with this requirement. These procedures do 
not authorize unrestricted disclosure or less scrutiny of a 
requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention or non-adjudicatory 
access to SGI.
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    (ii) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested SGI to provide the basis and specificity for a proffered 
contention. The technical competence of a potential party or its 
counsel may be shown by reliance on a qualified expert, consultant, or 
assistant who satisfies these criteria.
    (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive 
Positions,'' for each individual who would have access to SGI. The 
completed Form SF-85 will be used by the Office of Administration to 
conduct the background check required for access to SGI, as required by 
10 CFR part 2, subpart G and 10 CFR 73.22(b)(2), to determine the 
requestor's trustworthiness and reliability. For security reasons, Form 
SF-85 can only be submitted electronically through the electronic 
questionnaire for investigations processing (e-QIP) Web site, a secure 
Web site that is owned and operated by the Office of Personnel 
Management. To obtain online access to the form, the requestor should 
contact the NRC 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 Act 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 \4\ to the 
U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted, and
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    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
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    (e) If the requestor or any individual who will have access to SGI 
believes they belong to one or more of the categories of individuals 
that are exempt from the criminal history records check and background 
check requirements in 10 CFR 73.59, the requestor should also provide a 
statement identifying which exemption the requestor is invoking and 
explaining the requestor's basis for believing that the exemption 
applies. While processing the request, the Office of Administration, 
Personnel Security Branch, will make a final determination whether the 
claimed exemption applies. Alternatively, the requestor may contact the 
Office of Administration for an evaluation of their exemption status 
prior to submitting their request. Persons who are exempt from the 
background check are not required to complete the SF-85 or Form FD-258; 
however, all other requirements for access to SGI, including the ``need 
to know,'' are still applicable.

    Note:  Copies of documents and materials required by paragraphs 
C.(4)(b), (c), and (d) of this Order must be sent to the following 
address: Office of Administration, U.S. Nuclear Regulatory 
Commission, Personnel

[[Page 68628]]

Security Branch, Mail Stop TWB-05-B32M, Washington, DC 20555-0001.

These documents and materials should not be included with the request 
letter to the Office of the Secretary, but the request letter should 
state that the forms and fees have been submitted as required above.
    D. To avoid delays in processing requests for access to SGI, the 
requestor should review all submitted materials for completeness and 
accuracy (including legibility) before submitting them to the NRC. The 
NRC will return incomplete packages to the sender without processing.
    E. Based on an evaluation of the information submitted under 
paragraphs C.(3) or C.(4) above, as applicable, the NRC staff will 
determine within 10 days of receipt of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI or need to know the SGI requested.
    F. For requests for access to SUNSI, if the NRC staff determines 
that the requestor satisfies both E.(1) and E.(2) above, the NRC staff 
will notify the requestor in writing that access to SUNSI has been 
granted. The written notification will contain instructions on how the 
requestor may obtain copies of the requested documents, and any other 
conditions that may apply to access to those documents. These 
conditions may include, but are not limited to, the signing of a Non-
Disclosure Agreement or Affidavit, or Protective Order \5\ setting 
forth terms and conditions to prevent the unauthorized or inadvertent 
disclosure of SUNSI by each individual who will be granted access to 
SUNSI.
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    \5\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    G. For requests for access to SGI, if the NRC staff determines that 
the requestor has satisfied both E.(1) and E.(2) above, the Office of 
Administration will then determine, based upon completion of the 
background check, whether the proposed recipient is trustworthy and 
reliable, as required for access to SGI by 10 CFR 73.22(b). If the 
Office of Administration determines that the individual or individuals 
are trustworthy and reliable, the NRC will promptly notify the 
requestor in writing. The notification will provide the names of 
approved individuals as well as the conditions under which the SGI will 
be provided. Those conditions may include, but not be limited to, the 
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 
\6\ by each individual who will be granted access to SGI.
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    \6\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SGI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 180 days of the deadline for the 
receipt of the written access request.
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    H. Release and Storage of SGI. Prior to providing SGI to the 
requestor, the NRC staff will conduct (as necessary) an inspection to 
confirm that the recipient's information protection system is 
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, 
recipients may opt to view SGI at an approved SGI storage location 
rather than establish their own SGI protection program to meet SGI 
protection requirements.
    I. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI or SGI must be filed by the requestor no later than 25 days 
after the requestor is granted access to that information. However, if 
more than 25 days remain between the date the petitioner is granted 
access to the information and the deadline for filing all other 
contentions (as established in the notice of hearing or opportunity for 
hearing), the petitioner may file its SUNSI or SGI contentions by that 
later deadline.
    J. Review of Denials of Access.
    (1) If the request for access to SUNSI or SGI is denied by the NRC 
staff either after a determination on standing and requisite need, or 
after a determination on trustworthiness and reliability, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) Before the Office of Administration makes an adverse 
determination regarding the proposed recipient(s) trustworthiness and 
reliability for access to SGI, the Office of Administration, in 
accordance with 10 CFR 2.705(c)(3)(iii), must provide the proposed 
recipient(s) any records that were considered in the trustworthiness 
and reliability determination, including those required to be provided 
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an 
opportunity to correct or explain the record.
    (3) The requestor may challenge the NRC staff's adverse 
determination with respect to access to SUNSI by filing a challenge 
within 5 days of receipt of that determination with: (a) The presiding 
officer designated in this proceeding; (b) if no presiding officer has 
been appointed, the Chief Administrative Judge, or if he or she is 
unavailable, another administrative judge, or an administrative law 
judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another 
officer has been designated to rule on information access issues, with 
that officer.
    (4) The requestor may challenge the NRC staff's or Office of 
Administration's adverse determination with respect to access to SGI by 
filing a request for review in accordance with 10 CFR 2.705(c)(3)(iv). 
Further appeals of decisions under this paragraph must be made pursuant 
to 10 CFR 2.311.
    K. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI or SGI 
whose release would harm that party's interest independent of the 
proceeding. Such a challenge must be filed with the Chief 
Administrative Judge within 5 days of the notification by the NRC staff 
of its grant of access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\7\
---------------------------------------------------------------------------

    \7\ Requestors should note that the filing requirements of the 
NRC E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals of 
NRC staff determinations (because they must be served on a presiding 
officer or the Commission, as applicable), but not to the initial 
SUNSI/SGI request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    L. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI or SGI, and motions for protective orders, in a 
timely fashion in order to minimize any unnecessary delays in 
identifying those petitioners who have standing and who have propounded 
contentions meeting the specificity and basis requirements in 10 CFR 
part 2. Attachment 1 to this Order summarizes the general target 
schedule for processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 1st day of November 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 and Safeguards Information in This Proceeding

[[Page 68629]]



------------------------------------------------------------------------
                  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[dash]safeguards
                                          information (SUNSI) and/or
                                          safeguards information (SGI)
                                          with information: Supporting
                                          the standing of a potential
                                          party identified by name and
                                          address; describing the need
                                          for the information in order
                                          for the potential party to
                                          participate meaningfully in an
                                          adjudicatory proceeding;
                                          demonstrating that access
                                          should be granted (e.g.,
                                          showing technical competence
                                          for access to SGI); and, for
                                          SGI, including application fee
                                          for 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
                                          SUNSI and/or 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 (1) need for SUNSI
                                          or (2) ``need to know'' for
                                          SGI. (For SUNSI, NRC staff
                                          also informs any party to the
                                          proceeding whose interest
                                          independent of the proceeding
                                          would be harmed by the release
                                          of the information.) If NRC
                                          staff makes the finding of
                                          need for SUNSI and likelihood
                                          of standing, NRC staff begins
                                          document processing
                                          (preparation of redactions or
                                          review of redacted documents).
                                          If NRC staff makes the finding
                                          of ``need to know'' for SGI
                                          and likelihood of standing,
                                          NRC staff begins background
                                          check (including
                                          fingerprinting for a criminal
                                          history records check),
                                          information processing
                                          (preparation of redactions or
                                          review of redacted documents),
                                          and readiness inspections.
25.....................................  If NRC staff finds no ``need 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). If NRC staff
                                          finds need for SUNSI, the
                                          deadline for any party to the
                                          proceeding whose interest
                                          independent of the proceeding
                                          would be harmed by the release
                                          of the information to file a
                                          motion seeking a ruling to
                                          reverse the NRC staff's grant
                                          of access.
30.....................................  Deadline for NRC staff reply to
                                          motions to reverse NRC staff
                                          determination(s).
40.....................................  (Receipt +30) If NRC staff
                                          finds standing and need for
                                          SUNSI, deadline for NRC staff
                                          to complete information
                                          processing and file motion for
                                          Protective Order and draft Non-
                                          Disclosure Affidavit. Deadline
                                          for applicant/licensee to file
                                          Non-Disclosure Agreement for
                                          SUNSI.
190....................................  (Receipt +180) If NRC staff
                                          finds standing, ``need to
                                          know'' for SGI, and
                                          trustworthiness and
                                          reliability, deadline for NRC
                                          staff to file motion for
                                          Protective Order and draft Non-
                                          disclosure Affidavit (or to
                                          make a determination that the
                                          proposed recipient of SGI is
                                          not trustworthy or reliable).
                                          Note: Before the Office of
                                          Administration makes an
                                          adverse determination
                                          regarding access to SGI, the
                                          proposed recipient must be
                                          provided an opportunity to
                                          correct or explain
                                          information.
205....................................  Deadline for petitioner to seek
                                          reversal of a final adverse
                                          NRC staff trustworthiness or
                                          reliability determination
                                          either before the presiding
                                          officer or another designated
                                          officer under 10 CFR
                                          2.705(c)(3)(iv).
A......................................  If access granted: Issuance of
                                          presiding officer or other
                                          designated officer decision on
                                          motion for protective order
                                          for access to sensitive
                                          information (including
                                          schedule for providing access
                                          and submission of contentions)
                                          or decision reversing a final
                                          adverse determination by the
                                          NRC staff.
A + 3..................................  Deadline for filing executed
                                          Non-Disclosure Affidavits.
                                          Access provided to SUNSI and/
                                          or SGI consistent with
                                          decision issuing the
                                          protective order.
A + 28.................................  Deadline for submission of
                                          contentions whose development
                                          depends upon access to SUNSI
                                          and/or SGI. However, if more
                                          than 25 days remain between
                                          the petitioner's receipt of
                                          (or access to) the information
                                          and the deadline for filing
                                          all other contentions (as
                                          established in the notice of
                                          hearing or opportunity for
                                          hearing), the petitioner may
                                          file its SUNSI or SGI
                                          contentions by that later
                                          deadline.
A + 53.................................   (Contention receipt +25)
                                          Answers to contentions whose
                                          development depends upon
                                          access to SUNSI and/or SGI.
A + 60.................................  (Answer receipt +7) Petitioner/
                                          Intervener reply to answers.
A + 60.................................  Decision on contention
                                          admission.
------------------------------------------------------------------------


[FR Doc. 2010-28131 Filed 11-5-10; 8:45 am]
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