Florida Power & Light Company; Turkey Point, Units 3 and 4; Notice of Consideration of Issuance of Amendment to Facility Operating License, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information, 26771-26775 [2011-11222]
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Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
document). The name of the submitter
and organization (if any) should appear
on both the form and the face of any
attachments.
Nonparticipants who wish to attend
and observe the discussion should note
that seating is limited and, for
nonparticipants, will be available on a
first come, first served basis.
Dated: May 4, 2011.
Maria A. Pallante,
Acting Register of Copyrights.
BILLING CODE 1410–30–P
BILLING CODE 7510–13–P
Florida Power & Light Company;
Turkey Point, Units 3 and 4; Notice of
Consideration of Issuance of
Amendment to Facility Operating
License, and Opportunity for a Hearing
and Order Imposing Procedures for
Document Access to Sensitive
Unclassified Non-Safeguards
Information
[Notice (11–045)]
NASA Advisory Council; Task Group
of the Science Committee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
Wednesday, May 25, 2 p.m. to 4
p.m., Local Time.
ADDRESSES: This meeting will take place
telephonically and by WebEx. Any
interested person may call the USA toll
free conference call number 800–369–
3194, pass code TAGAGMAY25, to
participate in this meeting by telephone.
The WebEx link is https://
nasa.webex.com/, meeting number 993
198 285, and password tagag_May25.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
fax (202) 358–4118, or
mnorris@nasa.gov.
DATES:
The
agenda for the meeting includes the
following topic:
—Organizing Analysis Groups to Serve
the Needs of More than One NASA
Mission Directorate.
It is imperative that the meeting be
held on these dates to accommodate the
SUPPLEMENTARY INFORMATION:
Jkt 223001
Nuclear Regulatory
Commission.
ACTION: Notice of license amendment
request, opportunity to comment,
opportunity to request a hearing, and
Commission order.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
(NASA) announces a meeting of the
Task Group of the NASA Advisory
Council (NAC) Science Committee. This
Task Group reports to the Science
Committee of the NAC. The Meeting
will be held for the purpose of soliciting
from the scientific community and other
persons scientific and technical
information relevant to program
planning.
SUMMARY:
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
[FR Doc. 2011–11163 Filed 5–6–11; 8:45 am]
[Docket Nos. 50–250 and 50–251; NRC–
2011–0094]
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
15:23 May 06, 2011
Dated: May 2, 2011.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
NUCLEAR REGULATORY
COMMISSION
[FR Doc. 2011–11224 Filed 5–6–11; 8:45 am]
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scheduling priorities of the key
participants.
A request for a hearing must be
filed by July 8, 2011. Any potential
party as defined in Title 10 of the Code
of Federal Regulations (10 CFR) 2.4 who
believes access to Sensitive Unclassified
Non-Safeguards Information (SUNSI) is
necessary to respond to this notice must
request document access by May 19,
2011.
DATES:
Please include Docket ID
NRC–2011–0094 in the subject line of
your comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
You may submit comments by any of
the following methods:
ADDRESSES:
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• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2011–0094. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
You can access publicly available
documents related to this notice using
the following methods:
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• NRC’s Public Document Room
(PDR): The public may examine, and
have copied for a fee, publicly available
documents at the NRC’s PDR, Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC’s Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of NRC’s
public documents. If you do not have
access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov. The application
for amendment, dated October 21, 2010,
contains proprietary information and,
accordingly, those portions are being
withheld from public disclosure. A
redacted version of the application for
amendment, dated December 14, 2010,
is available electronically under
ADAMS Accession No. ML103560167.
• Federal Rulemaking Web site:
Public comments and supporting
materials related to this notice can be
found at https://www.regulations.gov by
searching on Docket ID: NRC–2011–
0094.
FOR FURTHER INFORMATION CONTACT:
Jason C. Paige, Project Manager, Plant
Licensing Branch II–2, Division of
Operating Reactor Licensing, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
301–415–5888; fax number: 301–415–
2102; e-mail: Jason.Paige@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
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is considering issuance of an
amendment to Facility Operating
License Nos. DPR–31 and DPR–41
issued to Florida Power & Light Co. (the
licensee) for operation of the Turkey
Point Nuclear Generating Station, Units
3 and 4, located in Miami-Dade County,
Florida.
The proposed amendment would
increase the licensed core power level
for Turkey Point, Units 3 and 4, from
2300 megawatts thermal (MWt) to 2644
MWt. The increase in core thermal
power will be approximately 15 percent,
including a 13 percent power uprate
and a 1.7 percent measurement
uncertainty recapture, over the current
licensed core thermal power level and is
categorized as an Extended Power
Uprate. The proposed amendment
would modify the Renewed Facility
Operating Licenses, the technical
specifications and licensing bases to
support operation at the increased core
thermal power level.
Before issuance of the proposed
license amendment, the Commission
will have made findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s
regulations.
The amendment will not be issued
prior to a hearing unless the staff makes
a determination that the amendment
involves no significant hazards
considerations. If a request for a hearing
is received, the Commission’s staff may
issue the amendment after it completes
its technical review and prior to the
completion of any required hearing if it
publishes a further notice for public
comment of its proposed finding of no
significant hazards consideration in
accordance with 10 CFR 50.91 and
50.92.
II. Opportunity To Request a Hearing
Requirements for hearing requests and
petitions for leave to intervene are
found in 10 CFR 2.309, ‘‘Hearing
requests, petitions to intervene,
requirements for standing, and
contentions.’’ Interested persons should
consult 10 CFR 2.309, which is available
at the NRC’s 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). The NRC regulations are also
accessible online in the NRC’s Library at
https://www.nrc.gov/reading-rm/
adams.html.
III. Petitions for Leave To Intervene
Any person whose interest may be
affected by this proceeding and who
wishes to participate as a party in the
proceeding must file a written petition
for leave to intervene. As required by 10
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CFR 2.309, a petition for leave to
intervene shall set forth with
particularity the interest of the
requestor/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
requestor or petitioner and specifically
explain the reasons why the
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the requestor’s/
petitioner’s right under the Act to be
made a party to the proceeding; (2) the
nature and extent of the requestor’s/
petitioner’s property, financial, or other
interest in the proceeding; and (3) the
possible effect of any decision or order
which may be entered in the proceeding
on the requestor’s/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 requestor/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 requestor/
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings the NRC must
make to support the granting of a license
amendment in response to the
application. The petition must include a
concise statement of the alleged facts or
expert opinions which support the
position of the requestor/petitioner and
on which the requestor/petitioner
intends to rely at hearing, together with
references to the specific sources and
documents on which the requestor/
petitioner intends to rely. Finally, the
petition must provide sufficient
information to show that a genuine
dispute exists with the applicant on a
material issue of law or fact, including
references to specific portions of the
application for amendment that the
requestor/petitioner disputes and the
supporting reasons for each dispute, or,
if the requestor/petitioner believes that
the application for amendment fails to
contain information on a relevant matter
as required by law, the identification of
each failure and the supporting reasons
for the requestor’s/petitioner’s belief.
Each contention must be one which, if
proven, would entitle the requestor/
petitioner to relief.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing with respect to resolution of
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that person’s admitted contentions,
including the opportunity to present
evidence and to submit a crossexamination plan for cross-examination
of witnesses, consistent with NRC
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
(the Licensing Board) will set the time
and place for any prehearing
conferences and evidentiary hearings,
and the appropriate notices will be
provided.
Non-timely petitions for leave to
intervene and contentions, amended
petitions, and supplemental petitions
will not be entertained absent a
determination by the Commission, the
Licensing Board or a presiding officer
that the petition should be granted and/
or the contentions should be admitted
based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)–(viii).
A State, county, municipality,
Federally-recognized Indian Tribe, or
agencies thereof, may submit a petition
to the Commission to participate as a
party under 10 CFR 2.309(d)(2). The
petition should state the nature and
extent of the petitioner’s interest in the
proceeding. The petition should be
submitted to the Commission by July 8,
2011. The petition must be filed in
accordance with the filing instructions
in Section IV of this document, and
should meet the requirements for
petitions for leave to intervene set forth
in this section, except that State and
Federally-recognized Indian Tribes do
not need to address the standing
requirements in 10 CFR 2.309(d)(1) if
the facility is located within its
boundaries. The entities listed above
could also seek to participate in a
hearing as a nonparty pursuant to 10
CFR 2.315(c).
Any person who does not wish, or is
not qualified, to become a party to this
proceeding may request permission to
make a limited appearance pursuant to
the provisions of 10 CFR 2.315(a). A
person making a limited appearance
may make an oral or written statement
of position on the issues, but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to such
limits and conditions as may be
imposed by the Licensing Board.
Persons desiring to make a limited
appearance are requested to inform the
Secretary of the Commission by July 8,
2011.
If a hearing is requested, the
Commission will make a final
determination on the issue of no
significant hazards consideration. The
final determination will serve to decide
when the hearing is held. If the final
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determination is that the amendment
request involves no significant hazards
consideration, the Commission may
issue the amendment and make it
immediately effective, notwithstanding
the request for a hearing. Any hearing
held would take place after issuance of
the amendment. If the final
determination is that the amendment
request involves a significant hazards
consideration, then any hearing held
would take place before the issuance of
any amendment.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139, August 28, 2007). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the Internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to request (1) a digital
identification (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’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
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NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through 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’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/e-
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submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First-class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/EHD/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Petitions for leave to intervene must
be filed no later than 60 days from July
8, 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
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contentions should be admitted, based
on a balancing of the factors specified in
10 CFR 2.309(c)(1)(i)–(viii).
Attorney for licensee: M.S. Ross,
Attorney, Florida Power & Light, P.O.
Box 14000, Juno Beach, Florida 33408–
0420.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party as defined in 10 CFR 2.4
who believes access to SUNSI is
necessary to respond to this notice may
request such access. A ‘‘potential party’’
is any person who intends to participate
as a party by demonstrating standing
and filing an admissible contention
under 10 CFR 2.309. Requests for access
to SUNSI submitted later than 10 days
after publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requestor shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is:
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Rockville,
Maryland 20852. The e-mail address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@nrc.gov, respectively.1
The request must include the following
information:
(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); and
1 While
a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the
initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
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(3) 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;
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the date the petitioner is
granted access to the information and
the deadline for filing all other
contentions (as established in the notice
of hearing or opportunity for hearing),
the petitioner may file its SUNSI
contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff either after
a determination on standing and need
for access, or after a determination on
trustworthiness and reliability, the NRC
staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
2 Any
motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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(2) The requestor may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to 10 CFR
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
H. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is So Ordered.
Dated at Rockville, Maryland, this 2nd day
of May 2011.
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\09MYN1.SGM
09MYN1
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET
SCHEDULE FOR PROCESSING AND
RESOLVING REQUESTS FOR ACCESS
TO SENSITIVE UNCLASSIFIED NONSAFEGUARDS INFORMATION IN THIS
PROCEEDING
Day
Event/activity
0 .........
Publication of Federal Register notice of hearing and opportunity to
petition for leave to intervene, including order with instructions for
access requests.
Deadline for submitting requests for
access to Sensitive Unclassified
Non-Safeguards
Information
(SUNSI) with information: supporting the standing of a potential
party identified by name and address; describing the need for the
information in order for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for
intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does
not require access to SUNSI (+25
Answers to petition for intervention;
+7
requestor/petitioner
reply).
Nuclear Regulatory Commission
(NRC) staff informs the requestor
of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established
and shows need for SUNSI.
(NRC staff also informs any party
to the proceeding whose interest
independent of the proceeding
would be harmed by the release
of the information.) If NRC staff
makes the finding of need for
SUNSI and likelihood of standing,
NRC staff begins document processing (preparation of redactions
or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no
likelihood of standing, the deadline for 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.
10 .......
60 .......
20 .......
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
25 .......
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
ATTACHMENT 1—GENERAL TARGET
SCHEDULE FOR PROCESSING AND
RESOLVING REQUESTS FOR ACCESS
TO SENSITIVE UNCLASSIFIED NONSAFEGUARDS INFORMATION IN THIS
PROCEEDING—Continued
Day
Event/activity
30 .......
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete information processing and
file motion for Protective Order
and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated
officer decision on motion for protective order for access to sensitive
information
(including
schedule for providing access
and submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
Deadline for filing executed NonDisclosure Affidavits. Access provided to SUNSI consistent with
decision issuing the protective
order.
Deadline for submission of contentions whose development depends upon access to SUNSI.
However, if more than 25 days
remain between the petitioner’s
receipt of (or access to) the information and the deadline for filing
all other contentions (as established in the notice of hearing or
opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to
contentions whose development
depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
40 .......
A .........
A + 3 ..
A + 28
A + 53
A + 60
>A + 60
26775
The notice of this meeting was
previously published in the Federal
Register on Wednesday, Monday, April
25, 2011 [75 FR 22935].
Further information regarding this
meeting can be obtained by contacting
Derek Widmayer, Designated Federal
Official (Telephone: 301–415–7366, Email: Derek.Widmayer@nrc.gov)
between 7:30 a.m. and 5:15 p.m. (ET).
Dated: May 3, 2011.
Yoira Diaz-Sanabria,
Acting Chief, Reactor Safety Branch B,
Advisory Committee on Reactor Safeguards.
[FR Doc. 2011–11223 Filed 5–6–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0006]
Sunshine Act Meeting Notice
Nuclear
Regulatory Commission.
DATES: Weeks of May 9, 16, 23, 30, June
6, 13, 20, 2011.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
AGENCY HOLDING THE MEETINGS:
Week of May 9, 2011
Thursday, May 12, 2011
9:30 a.m.—Briefing on the Progress of
the Task Force Review of NRC
Processes and Regulations Following
the Events in Japan (Public Meeting)
(Contact: Nathan Sanfilippo, 301–
415–3951).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of May 16, 2011—Tentative
There are no meetings scheduled for
the week of May 16, 2011.
[FR Doc. 2011–11222 Filed 5–6–11; 8:45 am]
Week of May 23, 2011—Tentative
BILLING CODE 7590–01–P
Friday, May 27, 2011
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards Meeting of the ACRS
Subcommittee on EPR; Cancellation to
May 11, 2011, ACRS Meeting—Federal
Register Notice
The Federal Register Notice for the
ACRS Subcommittee Meeting on the
design certification application review
of the U.S. Evolutionary Power Reactor
scheduled to be held on May 11, 2011,
is being canceled.
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
9 a.m.—Briefing on Results of the
Agency Action Review Meeting
(AARM) (Public Meeting) (Contact:
Rani Franovich, 301–415–1868).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
Week of May 30, 2011—Tentative
Thursday, June 2, 2011
9:30 a.m.—Briefing on Human Capital
and Equal Employment Opportunity
(EEO) (Public Meeting) (Contact:
Susan Salter, 301–492–2206).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26771-26775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11222]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-250 and 50-251; NRC-2011-0094]
Florida Power & Light Company; Turkey Point, Units 3 and 4;
Notice of Consideration of Issuance of Amendment to Facility Operating
License, and Opportunity for a Hearing and Order Imposing Procedures
for Document Access to Sensitive Unclassified Non-Safeguards
Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request, opportunity to comment,
opportunity to request a hearing, and Commission order.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by July 8, 2011. Any
potential party as defined in Title 10 of the Code of Federal
Regulations (10 CFR) 2.4 who believes access to Sensitive Unclassified
Non-Safeguards Information (SUNSI) is necessary to respond to this
notice must request document access by May 19, 2011.
ADDRESSES: Please include Docket ID NRC-2011-0094 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site https://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0094. Address questions about NRC dockets to Carol Gallagher 301-
492-3668; e-mail Carol.Gallagher@nrc.gov.
You can access publicly available documents related to this notice
using the following methods:
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
NRC's Public Document Room (PDR): The public may examine,
and have copied for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC's Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into
ADAMS, which provides text and image files of NRC's public documents.
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov. The application for amendment, dated October 21,
2010, contains proprietary information and, accordingly, those portions
are being withheld from public disclosure. A redacted version of the
application for amendment, dated December 14, 2010, is available
electronically under ADAMS Accession No. ML103560167.
Federal Rulemaking Web site: Public comments and
supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID: NRC-2011-0094.
FOR FURTHER INFORMATION CONTACT: Jason C. Paige, Project Manager, Plant
Licensing Branch II-2, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: 301-415-5888; fax number: 301-415-
2102; e-mail: Jason.Paige@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission)
[[Page 26772]]
is considering issuance of an amendment to Facility Operating License
Nos. DPR-31 and DPR-41 issued to Florida Power & Light Co. (the
licensee) for operation of the Turkey Point Nuclear Generating Station,
Units 3 and 4, located in Miami-Dade County, Florida.
The proposed amendment would increase the licensed core power level
for Turkey Point, Units 3 and 4, from 2300 megawatts thermal (MWt) to
2644 MWt. The increase in core thermal power will be approximately 15
percent, including a 13 percent power uprate and a 1.7 percent
measurement uncertainty recapture, over the current licensed core
thermal power level and is categorized as an Extended Power Uprate. The
proposed amendment would modify the Renewed Facility Operating
Licenses, the technical specifications and licensing bases to support
operation at the increased core thermal power level.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The amendment will not be issued prior to a hearing unless the
staff makes a determination that the amendment involves no significant
hazards considerations. If a request for a hearing is received, the
Commission's staff may issue the amendment after it completes its
technical review and prior to the completion of any required hearing if
it publishes a further notice for public comment of its proposed
finding of no significant hazards consideration in accordance with 10
CFR 50.91 and 50.92.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to
intervene, requirements for standing, and contentions.'' Interested
persons should consult 10 CFR 2.309, which is available at the NRC's
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). The NRC regulations are also accessible online in the NRC's
Library at https://www.nrc.gov/reading-rm/adams.html.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the requestor/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 requestor
or petitioner and specifically explain the reasons why the intervention
should be permitted with particular reference to the following factors:
(1) The nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (2) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/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 requestor/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 requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings the NRC must make to support
the granting of a license amendment in response to the application. The
petition must include a concise statement of the alleged facts or
expert opinions which support the position of the requestor/petitioner
and on which the requestor/petitioner intends to rely at hearing,
together with references to the specific sources and documents on which
the requestor/petitioner intends to rely. Finally, the petition must
provide sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact, including
references to specific portions of the application for amendment that
the requestor/petitioner disputes and the supporting reasons for each
dispute, or, if the requestor/petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's/petitioner's belief. Each contention must
be one which, if proven, would entitle the requestor/petitioner to
relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board (the Licensing Board) will set the time and
place for any prehearing conferences and evidentiary hearings, and the
appropriate notices will be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
presiding officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by July
8, 2011. The petition must be filed in accordance with the filing
instructions in Section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally-recognized Indian Tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by July 8, 2011.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final
[[Page 26773]]
determination is that the amendment request involves no significant
hazards consideration, the Commission may issue the amendment and make
it immediately effective, notwithstanding the request for a hearing.
Any hearing held would take place after issuance of the amendment. If
the final determination is that the amendment request involves a
significant hazards consideration, then any hearing held would take
place before the issuance of any amendment.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1)
a digital identification (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's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through 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's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First-class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from July 8, 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
[[Page 26774]]
contentions should be admitted, based on a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
Attorney for licensee: M.S. Ross, Attorney, Florida Power & Light,
P.O. Box 14000, Juno Beach, Florida 33408-0420.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party as
defined in 10 CFR 2.4 who believes access to SUNSI is necessary to
respond to this notice may request such access. A ``potential party''
is any person who intends to participate as a party by demonstrating
standing and filing an admissible contention under 10 CFR 2.309.
Requests for access to SUNSI submitted later than 10 days after
publication will not be considered absent a showing of good cause for
the late filing, addressing why the request could not have been filed
earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail
address for the Office of the Secretary and the Office of the General
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov,
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(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); and
(3) 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;
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either after a determination on standing and need for access, or after
a determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is So Ordered.
Dated at Rockville, Maryland, this 2nd day of May 2011.
[[Page 26775]]
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0.................................... Publication of Federal Register
notice of hearing and
opportunity to petition for
leave to intervene, including
order with instructions for
access requests.
10................................... Deadline for submitting requests
for access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI) with
information: supporting the
standing of a potential party
identified by name and address;
describing the need for the
information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding.
60................................... Deadline for submitting petition
for intervention containing: (i)
Demonstration of standing; (ii)
all contentions whose
formulation does not require
access to SUNSI (+25 Answers to
petition for intervention; +7
requestor/petitioner reply).
20................................... Nuclear Regulatory Commission
(NRC) staff informs the
requestor of the staff's
determination whether the
request for access provides a
reasonable basis to believe
standing can be established and
shows need for SUNSI. (NRC staff
also informs any party to the
proceeding whose interest
independent of the proceeding
would be harmed by the release
of the information.) If NRC
staff makes the finding of need
for SUNSI and likelihood of
standing, NRC staff begins
document processing (preparation
of redactions or review of
redacted documents).
25................................... If NRC staff finds no ``need'' or
no likelihood of standing, the
deadline for 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.
A.................................... If access granted: Issuance of
presiding officer or other
designated officer decision on
motion for protective order for
access to sensitive information
(including schedule for
providing access and submission
of contentions) or decision
reversing a final adverse
determination by the NRC staff.
A + 3................................ Deadline for filing executed Non-
Disclosure Affidavits. Access
provided to SUNSI consistent
with decision issuing the
protective order.
A + 28............................... Deadline for submission of
contentions whose development
depends upon access to SUNSI.
However, if more than 25 days
remain between the petitioner's
receipt of (or access to) the
information and the deadline for
filing all other contentions (as
established in the notice of
hearing or opportunity for
hearing), the petitioner may
file its SUNSI contentions by
that later deadline.
A + 53............................... (Contention receipt +25) Answers
to contentions whose development
depends upon access to SUNSI.
A + 60............................... (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60.............................. Decision on contention admission.
------------------------------------------------------------------------
[FR Doc. 2011-11222 Filed 5-6-11; 8:45 am]
BILLING CODE 7590-01-P
