Exelon Nuclear Texas Holdings, LLC, Early Site Permit Application for the Victoria County Station 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, 71467-71472 [2010-29481]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Notices]
[Pages 71467-71472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29481]


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NUCLEAR REGULATORY COMMISSION

[Docket No.: 52-042; NRC-2010-0165]


Exelon Nuclear Texas Holdings, LLC, Early Site Permit Application 
for the Victoria County Station 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 or the Commission).

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 24, 
2011.

FOR FURTHER INFORMATION CONTACT: Janelle B. Jessie, Project Manager, 
BWR Projects Branch, Division of New Reactor Licensing, Office of New 
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone: 301-415-6775; e-mail: Janelle.Jessie@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 March 25, 2010, is 
available electronically under ADAMS Accession Number ML101030742. The 
application is also electronically available for public viewing at 
https://www.nrc.gov/reactors/new-reactors/esp/victoria.html. The 
application is also available to local residents at the Victoria Public 
Library, Victoria County, Texas.

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

[[Page 71468]]

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 March 25, 2010, filed by Exelon Nuclear 
Texas Holdings, LLC, pursuant to Subpart A of 10 CFR part 52, for an 
early site permit (ESP). The application, which was supplemented by the 
applicant by letters dated May 4, May 6, May 13, May 20, June 15, June 
24, and June 28, 2010, requests approval of an ESP for the Victoria 
County Station Site to be located in Victoria County, Texas. Notice of 
NRC's receipt of the application was published in the Federal Register 
on April 28, 2010 (75 FR 22434). The application was accepted for 
docketing on June 7, 2010 (75 FR 33653). The docket number established 
for this application is 52-042.
    The Victoria County Station early site permit 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 will 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. The 
Commission will refer a copy of the application to the Advisory 
Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.87, 
``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 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, section 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 a combined 
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 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 
January 24, 2011. 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 24, 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.

[[Page 71469]]

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 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 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 e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at 866-672-7640. The NRC 
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern 
Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
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: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC 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, 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 January 24, 2011. 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 J. Bradley Fewell, 630-657-
3769, Bradley.Fewell@exeloncorp.com and Steven P. Frantz, 202-739-5460, 
sfrantz@morganlewis.com. Counsel for the NRC staff in this proceeding 
is Anthony Wilson, 301-415-3699, Anthony.Wilson@nrc.gov.

[[Page 71470]]

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
    (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.
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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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    (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 Atomic Energy Act of 1954, as amended, which mandates that all 
persons with access to SGI must be fingerprinted for an FBI 
identification and criminal history records check;
    (d) A check or money order payable in the amount of $200.00 \4\ to 
the U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted, and
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    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
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    (e) If the requestor or any individual who will have access to SGI 
believes they belong to one or more of the categories of individuals 
that are exempt from the criminal history records check and background 
check requirements in 10 CFR 73.59, the requestor should also provide a 
statement identifying which exemption the requestor is invoking and 
explaining the requestor's basis for believing that the exemption 
applies. While processing the request, the Office of Administration, 
Personnel Security Branch, will make a final determination whether the 
claimed exemption applies. Alternatively, the requestor may contact the 
Office of Administration for an evaluation of their exemption status 
prior to submitting their request. Persons who are exempt from the 
background check are not required to complete the SF-85 or Form FD-258; 
however, all other requirements for access to SGI, including the ``need 
to know,'' are still applicable.

    Note:  Copies of documents and materials required by paragraphs 
C.(4)(b), (c), and (d) of this Order must be sent to the following 
address: Office of Administration, U.S. Nuclear Regulatory 
Commission, Personnel Security Branch, Mail Stop TWB-05-B32M, 
Washington, DC 20555-0001. These documents and materials should not 
be included with the request letter to the Office of the Secretary, 
but the request letter should

[[Page 71471]]

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

    Dated at Rockville, Maryland, this 16th 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 71472]]



------------------------------------------------------------------------
                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. 2010-29481 Filed 11-22-10; 8:45 am]
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