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]

Download as PDF Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices • Discuss Draft Interim Report. • Discuss Next Steps for Moving Forward to the May 2011 Meeting. CSB Task Force on Data Policies Open Session: 8:30 a.m.–10 a.m., Room 1235 • Approval of Minutes. • Chairman’s Remarks. • Presentations on Open Access. • Discussion of March 27–29, 2010 Workshop. • Closing Remarks. Committee on Strategy and Budget (CSB) Open Session: 10 a.m.–10:15 a.m., Room 1235 • Approval of Minutes. • Chairman’s Remarks. • Update on FY 2011 Appropriations Process. • NSB Budget Update. • NSF Strategic Plan Update. • Closing Remarks. Committee on Strategy and Budget (CSB) NUCLEAR REGULATORY COMMISSION [Docket No.: 52–042; NRC–2010–0165] Adjourn 3 p.m. Daniel A. Lauretano, Counsel to the National Science Board. [FR Doc. 2010–29629 Filed 11–19–10; 4:15 pm] BILLING CODE 7555–01–P NATIONAL TRANSPORTATION SAFETY BOARD Closed Session: 10:30 a.m.–11 a.m., Room 1235 • Approval of Plenary Executive Closed Minutes, September 2010. • Candidate Sites for Board Retreat and Meeting of September 2011. • Discussion and Selection of Honorary Awards. Sunshine Act Meeting 9:30 a.m., Tuesday, December 7, 2010. TIME AND DATE: NTSB Conference Center, 429 L’Enfant Plaza, SW., Washington, DC 20594. PLACE: The ONE item is open to the Matter To Be Considered 8066A Aircraft Accident Report— Crash During Takeoff of Firefighting Helicopter, U.S. Forest Service, Sikorsky S–61N, N612AZ, Weaverville, California, August 5, 2008. Telephone: (202) 314–6100. The press and public may enter the NTSB Conference Center one hour prior to the meeting for set-up and seating. Individuals requesting specific accommodations should contact Rochelle Hall at (202) 314–6305 by Friday, December 3, 2010. The public may view the meeting via a live or archived webcast by accessing a link under ‘‘News & Events’’ on the NTSB home page at http:// www.ntsb.gov. NEWS MEDIA CONTACT: Plenary Closed Session: 11 a.m.–12 p.m., Room 1235 • Approval of Minutes. • Awards and Agreements (Resolutions) Æ Logistics Contract and Renewal of two Science of Learning Centers. • Closed Committee Reports. FOR MORE INFORMATION CONTACT: Plenary Candi Bing, (202) 314–6403. Open Session: 1 p.m.–3 p.m., Room 1235 • Presentation by 60th Anniversary Speaker, Dr. Emily Brodsky. • Presentation on NSF Open ´ Government, Dr. Jose Munoz. • Presentation on NSF. • Response to Oil Spill Research, Dr. Timothy Killeen. • Presentation on Update on Science, Engineering, and Education for Sustainability (SEES), Dr. Timothy Killeen. 18:02 Nov 22, 2010 Jkt 223001 Dated: Friday, November 19, 2010. Candi R. Bing, Federal Register Liaison Officer. [FR Doc. 2010–29655 Filed 11–19–10; 4:15 pm] BILLING CODE 7533–01–P PO 00000 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 NonSafeguards Information and Safeguards Information for Contention Preparation Nuclear Regulatory Commission (NRC or the Commission). ACTION: Notice of hearing and opportunity to petition for leave to intervene. AGENCY: public. Plenary Executive mstockstill on DSKH9S0YB1PROD with NOTICES Approval of Minutes. Chairman’s Report. Director’s Report. Open Committee Reports. STATUS: Closed Session: 10:15 a.m.–10:30 a.m., Room 1235 • Update on NSF FY 2012 Budget Development. VerDate Mar<15>2010 • • • • 71467 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 http://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 http://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: DATES: I. Introduction Pursuant to the Atomic Energy Act of 1954, as amended (the Act), and the regulations in Title 10 of the Code of Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\23NON1.SGM 23NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 71468 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices 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. VerDate Mar<15>2010 18:02 Nov 22, 2010 Jkt 223001 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 http://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 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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 Federallyrecognized 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. E:\FR\FM\23NON1.SGM 23NON1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices 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 NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in the NRC ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http://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 VerDate Mar<15>2010 18:02 Nov 22, 2010 Jkt 223001 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 http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a 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 http:// www.nrc.gov/site-help/esubmittals.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 email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a 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 http://www.nrc.gov/ site-help/e-submittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 71469 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 firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E–Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC electronic hearing docket, which is available to the public at http:// 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. E:\FR\FM\23NON1.SGM 23NON1 71470 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards 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: (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; 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. VerDate Mar<15>2010 18:02 Nov 22, 2010 Jkt 223001 (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. (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 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. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 the form, the requestor should contact the NRC Office of Administration at 301–492–3524.3 (c) A completed Form FD–258 (fingerprint card), signed in original ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form FD–258 may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by calling 301–415– 7232 or 301–492–7311, or by e-mail to Forms.Resource@nrc.gov. The fingerprint card will be used to satisfy the requirements of 10 CFR Part 2, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for an FBI identification and criminal history records check; (d) A check or money order payable in the amount of $200.00 4 to the U.S. Nuclear Regulatory Commission for each individual for whom the request for access has been submitted, and (e) If the requestor or any individual who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59, the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestor’s basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final determination whether the claimed exemption applies. Alternatively, the requestor may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request. Persons who are exempt from the background check are not required to complete the SF–85 or Form FD–258; however, all other requirements for access to SGI, including the ‘‘need to know,’’ are still applicable. Note: Copies of documents and materials required by paragraphs C.(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 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. 4 This fee is subject to change pursuant to the Office of Personnel Management’s adjustable billing rates. E:\FR\FM\23NON1.SGM 23NON1 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES 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. 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 5 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request. VerDate Mar<15>2010 18:02 Nov 22, 2010 Jkt 223001 71471 each individual who will be granted access to SGI. 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 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. 6 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request. 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. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23NON1.SGM 23NON1 71472 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Notices Day Event/Activity 0 ................................... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. Deadline for submitting requests for access to sensitive unclassified non-safeguards information (SUNSI) 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. 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). 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. 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. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. (Receipt +180) If NRC staff finds standing, ‘‘need to know’’ for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination either before the presiding officer or another designated officer under 10 CFR 2.705(c)(3)(iv). If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. 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. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. (Answer receipt +7) Petitioner/Intervener reply to answers. Decision on contention admission. 10 ................................. 60 ................................. 20 ................................. 25 ................................. 30 ................................. 40 ................................. 190 ............................... 205 ............................... A ................................... A + 3 ............................ A + 28 .......................... A + 53 .......................... A + 60 .......................... >A + 60 ........................ [FR Doc. 2010–29481 Filed 11–22–10; 8:45 am] Week of November 29, 2010—Tentative Week of December 20, 2010—Tentative BILLING CODE 7590–01–P Tuesday, November 30, 2010 Tuesday, December 21, 2010 1 p.m. Briefing on Security Issues (Closed—Ex. 1). 9:30 a.m. Briefing on the Threat Environment Assessment (Closed—Ex. 1). 1 p.m. Briefing on Security Issues (Closed—Ex. 1). NUCLEAR REGULATORY COMMISSION [NRC–2010–0002] Week of December 6, 2010—Tentative Sunshine Act Notice There are no meetings scheduled for the week of December 6, 2010. Nuclear Regulatory Commission. DATE: Weeks of November 22, 29, December 6, 13, 20, 27, 2010. PLACE: Commissioners’ Conference Room, 11555 Rockville Pike, Rockville, Maryland. STATUS: Public and Closed. mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY HOLDING THE MEETINGS: Week of November 22, 2010 There are no meetings scheduled for the week of November 22, 2010. VerDate Mar<15>2010 18:02 Nov 22, 2010 Jkt 223001 Week of December 13, 2010—Tentative Thursday, December 16, 2010 2 p.m. Briefing on Construction Reactor Oversight Program (cROP) (Public Meeting). (Contact: Aida Rivera-Varona, 301–415–4001). This meeting will be webcast live at the Web address—http://www.nrc.gov PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Week of December 27, 2010—Tentative There are no meetings scheduled for the week of December 27, 2010. * * * * * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415–1292. Contact person for more information: Rochelle Bavol, (301) 415–1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet E:\FR\FM\23NON1.SGM 23NON1

Agencies

[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 http://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 
http://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 http://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 http://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 http://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 http://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 http://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 http://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 
http://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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 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]
BILLING CODE 7590-01-P