Duke Energy Carolinas, LLC, Oconee Nuclear Station, Units 1, 2, and 3, Notice of Consideration of Issuance of Amendment to Facility Operating License, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing and Order Imposing Procedures for Document Access to Sensitive Unclassified Non-Safeguards Information, 30399-30404 [2011-12957]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Notices]
[Pages 30399-30404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12957]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-269, 50-270, and 50-287; NRC-2011-0113]


Duke Energy Carolinas, LLC, Oconee Nuclear Station, Units 1, 2, 
and 3, Notice of Consideration of Issuance of Amendment to Facility 
Operating License, Proposed No Significant Hazards Consideration 
Determination, 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.

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DATES: Submit comments by June 24, 2011. A request for a hearing must 
be filed by July 25, 2011. Any potential party as defined in 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 June 6, 2011.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2011-0113 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 one of the following 
methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0113. Address questions about NRC dockets to Carol Gallagher 301-
492-3668; e-mail Carol.Gallagher@nrc.gov.
     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,
     Fax comments to: RADB at 301-492-3446. You can access 
publicly available documents related to this notice using the following 
methods:
    NRC's Public Document Room (PDR): The public may examine, and have 
copied for a fee, publicly available documents at the NRC's PDR, Room 
O1 F21, One White Flint North, 11555

[[Page 30400]]

Rockville Pike, Rockville, Maryland 20852. These documents may also be 
viewed electronically on the public computers located at the NRC's PDR 
at 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 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 June 29, 2009, contains proprietary 
information and accordingly, those portions are being withheld from 
public disclosure. A redacted version of the application for amendment 
is available electronically under ADAMS Accession Number ML091871223. 
The supplements to the application dated June 24, 2010 (ADAMS Accession 
Number ML101830011), and February 15, 2011 (ADAMS Accession Number 
ML091871223), do not contain any proprietary information.
    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-2011-0113.

FOR FURTHER INFORMATION CONTACT: Mr. John Stang, Project Manager, Plant 
Licensing Branch 2-1, Division of Operating Reactor Licensing, Office 
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Telephone: 301-415-1345; fax number: 301-415-
1222; e-mail: John.Stang@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Renewed Facility Operating 
Licenses Nos. DPR-38, DPR-47, and DPR-55 issued to Duke Energy 
Carolinas, LLC (the licensee), for operation of the Oconee Nuclear 
Station, Units 1, 2, and 3 located in Oconee County, South Carolina.
    The proposed amendment would approve changes to the Updated Final 
Safety Analysis Report to allow the use of fiber reinforced polymer on 
masonry walls for uniform pressure loads resulting from a tornado 
event.
    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 Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in Title 10 of the Code of Federal Regulations 
(10 CFR) 50.92, this means that operation of the facility in accordance 
with the proposed amendment would not (1) involve a significant 
increase in the probability or consequences of an accident previously 
evaluated; or (2) create the possibility of a new or different kind of 
accident from any accident previously evaluated; or (3) involve a 
significant reduction in a margin of safety. As required by 10 CFR 
50.91(a), the licensee has provided its analysis of the issue of no 
significant hazards consideration, which is presented below:
    (1) Does the propose change involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: Physical protection from a tornado event is a design 
basis criterion rather than a requirement of a previously analyzed 
[Updated Final Safety Analysis Report] UFSAR accident analysis. The 
current licensing basis (CLB) for Oconee states that systems, 
structures, and components (SSC's) required to shut down and maintain 
the units in a shutdown condition will not fail as a result of damage 
caused by natural phenomena.
    The in-fill masonry walls to be strengthened using an FRP system 
are passive, non-structural elements. The use of an [fiber reinforced 
polymer] FRP system on existing Auxiliary Building masonry walls will 
allow them to resist uniform pressure loads resulting from a tornado 
and will not adversely affect the structure's ability to withstand 
other design basis events such as earthquakes or fires.
    Therefore, the proposed use of FRP on existing masonry walls will 
not significantly increase the probability or consequences of an 
accident previously evaluated.
    (2) Does the propose change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: The final state of the FRP system is passive in nature 
and will not initiate or cause an accident. More generally, this 
understanding supports the conclusion that the potential for new or 
different kinds of accidents is not created.
    (3) Does the propose change involve a significant reduction in a 
margin of safety?
    Response: The application of an FRP system to existing Auxiliary 
Building masonry walls will act to enhance the margin of safety, e.g., 
the West Penetration Room walls, by increasing the walls' ability to 
resist tornado-induced differential pressure.
    Consequently, this change does not involve a significant reduction 
in a margin of safety.
    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received by June 24, 2011 will be 
considered in making any final determination. You may submit comments 
using any of the methods discussed under the ADDRESSES caption.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

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 part 2, Section 2.309, which is available 
at the NRC's Public

[[Page 30401]]

Document Room (PDR), Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852 (or call the PDR at 1-800-397-4209 
or 301-415-4737). NRC regulations are also accessible online from the 
NRC 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. The petition must also identify the specific contentions 
which the requestor/petitioner seeks to have litigated at the 
proceeding.
    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 
25, 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 25, 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 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

[[Page 30402]]

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 agency's public Web 
site at https://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through 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 
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 May 25, 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).
    Attorney for licensee: Lara S. Nichols, Associate General Counsel, 
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC 
28202.

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI)
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. The 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

[[Page 30403]]

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.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and 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\
---------------------------------------------------------------------------

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

    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 18th day of May 2011.

    For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting 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).

[[Page 30404]]

 
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.
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[FR Doc. 2011-12957 Filed 5-24-11; 8:45 am]
BILLING CODE 7590-01-P