Duke Energy Carolinas, LLC; Catawba Nuclear Station, Units 1 and 2; McGuire Nuclear Station, Units 1 and 2; 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, 39913-39918 [2011-16978]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39913-39918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16978]



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NUCLEAR REGULATORY COMMISSION



[Docket Nos. 50-413 and 50-414; Docket Nos. 50-369 and 50-370; Docket 

Nos. 50-269, 50-270, and 50-287; NRC-2011-0100]




Duke Energy Carolinas, LLC; Catawba Nuclear Station, Units 1 and 

2; McGuire Nuclear Station, Units 1 and 2; 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 August 8, 2011. A request for a hearing must 

be filed by September 6, 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 July 18, 2011.



ADDRESSES: Please include Docket ID NRC-2011-0100 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-

2011-0100. Address questions about NRC dockets to Carol Gallagher, 

telephone: 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, 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 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 the 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 August 16, 2010, contains 

security-related 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 

ML102300168. The supplement to the application dated April 15, 2011, 

also contains security-related information. A redacted version of the 

supplement is available electronically under ADAMS Accession Number 

ML11109A074.

     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-2011-0100.



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.



I. Introduction



    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 

considering issuance of amendments to Renewed Facility Operating 

License Nos. NPF-35 and NPF-52 for the operation of the Catawba Nuclear 

Station, Units 1 and 2 in York County, South Carolina; Renewed Facility 

Operating License Nos. NPF-9 and NPF-17 for the operation of the 

McGuire Nuclear Station, Units 1 and 2, in Mecklenburg County, North 

Carolina; and Renewed Facility Operating Licenses Nos. DPR-38, DPR-47, 

and DPR-55 for operation of the Oconee Nuclear Station, Units 1, 2, and 

3 issued to Duke Energy Carolinas, LLC (the licensee), located in 

Oconee County, South Carolina.

    The proposed amendments would approve the Cyber Security Plan and 

proposed implementation schedule.

    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 proposed amendment involve a significant increase 

in the probability or



[[Page 39914]]



consequences of an accident previously evaluated?

    Response: No

    Inclusion of the Cyber Security Plan in the Facility Operating 

License itself does not involve any modifications to safety-related 

structures, systems or components. Rather, the Cyber Security Plan 

describes how the requirements of 10 CFR 73.54 are to be implemented 

to identify, evaluate, and mitigate cyber attacks up to and 

including the design basis cyber attack threat, thereby achieving 

high assurance that the facility's digital computer and 

communications systems and networks are protected from cyber 

attacks. The Cyber Security Plan will not alter previously evaluated 

Updated Final Safety Analysis Report design basis accident analysis 

assumptions, add any accident initiators or affect the function of 

the plant safety-related structures, systems or components as to how 

they are operated, maintained, modified, tested or inspected.

    Therefore, the proposed amendment does not involve a significant 

increase in the probability or consequences of an accident 

previously evaluated.

    (2) Does the proposed amendment create the possibility of a new 

or different kind of accident from any accident previously 

evaluated?

    Response: No

    This proposed amendment provides assurance that safety-related 

structures, systems or components are protected from cyber attacks. 

Implementation of 10 CFR 73.54 and the inclusion of a plan in the 

Facility Operating License do not result in the need of any new or 

different Updated Final Safety Analysis Report design basis accident 

analysis. It does not introduce new equipment that could create a 

new or different kind of accident, and no new equipment failure 

modes are created. As a result, no new accident scenarios, failure 

mechanisms, or limiting single failures are introduced by this 

proposed amendment.

    Therefore, the proposed amendment does not create a possibility 

for an accident of a new or different type than those previously 

evaluated.

    (3) Does the proposed amendment involve a significant reduction 

in a margin of safety?

    Response: No

    The margin of safety is associated with the confidence in the 

ability of the fission product barriers (i.e., fuel cladding, 

reactor coolant pressure boundary, and containment structure) to 

limit the level of radiation to the public. The proposed amendment 

would not alter the way any safety-related structures, systems or 

components functions and would not alter the way the plant is 

operated. The amendment provides assurance that safety-related 

structures, systems or components are protected from cyber attacks. 

The proposed amendment would not introduce any new uncertainties or 

change any existing uncertainties associated with any safety limit. 

The proposed amendment would have no impact on the structural 

integrity of the fuel cladding, reactor coolant pressure boundary, 

or containment structure. Based on the above considerations, the 

proposed amendment would not degrade the confidence in the ability 

of the fission product barriers to limit the level of radiation to 

the public.

    Therefore, the proposed 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 August 8, 2011 will be 

considered in making any final determination. You may submit comments 

using any of the methods discussed in the ADDRESSES section.

    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 Document Room (PDR), Room O1-F21, One White Flint 

North, 11555 Rockville Pike, Rockville, Maryland 20852 (or call the PDR 

at 1-800-397-4209 or 301-415-4737). NRC regulations are also accessible 

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



[[Page 39915]]



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 

September 6, 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 September 6, 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 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



[[Page 39916]]



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 July 7, 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 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



[[Page 39917]]



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 30th day of June 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).

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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[[Page 39918]]



[FR Doc. 2011-16978 Filed 7-6-11; 8:45 am]

BILLING CODE 7590-01-P