Honeywell International, Inc., Metropolis Works; License Amendment Request and Request for a Hearing, 39918-39922 [2011-16980]
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices
[FR Doc. 2011–16978 Filed 7–6–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–3392; NRC–2011–0143]
Honeywell International, Inc.,
Metropolis Works; License
Amendment Request and Request for
a Hearing
Nuclear Regulatory
Commission.
ACTION: Notice of amendment request
and opportunity to request a hearing.
AGENCY:
Requests for a hearing must be
filed by September 6, 2011.
ADDRESSES: 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 Honeywell
Surface Impoundment
Decommissioning Plan is available
electronically under ADAMS Accession
Number ML103400456.
FOR FURTHER INFORMATION CONTACT:
Kevin S. Mattern, Project Manager;
Conversion, Deconversion and
Enrichment Branch, Division of Fuel
Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington DC 20555; telephone: 301–
492–3221; fax: 301–492–3363; e-mail:
Kevin.Mattern@nrc.gov.
DATES:
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SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or Commission)
received, by letter, dated December 2,
2010, a license amendment application
from Honeywell International, Inc.
(Honeywell or the licensee), requesting
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review and approval of a surface
impoundment decommissioning plan at
its Metropolis Works Facility site
located in Metropolis, Illinois. License
No. SUB–526 authorizes the licensee to
possess various quantities of natural
uranium, depleted uranium, and other
licensed material between atomic
numbers 1–100 for use in its UF6
conversion facility. Specifically, the
amendment provides a plan to
decommission four surface
impoundments, known as Ponds B, C,
D, and E. The amendment request seeks
authorization allowing Honeywell to
conduct remediation activities seeking a
partial site release for unrestricted use
of the four surface impoundments from
its NRC license. In addition to the NRC,
this facility is regulated by the Illinois
Environmental Protection Agency
(IEPA); and Honeywell will be required
to seek separate approval from the IEPA
regarding this action.
An NRC administrative review
documented in a letter to Honeywell,
dated March 17, 2011, found the
application acceptable to begin a
technical review. If the NRC approves
the amendment, the approval will be
documented in an amendment to NRC
License No. SUB–526. However, before
approving the proposed amendment, the
NRC will need to make the findings
required by the Atomic Energy Act of
1954 (the Act), as amended, and the
NRC’s regulations. These findings will
be documented in a Safety Evaluation
Report and an Environmental
Assessment.
In its application, Honeywell
committed to providing additional
information in support of the NRC
review. Honeywell will provide the
supplemental treatability testing results
of the pozzolan mix for cement
stabilization by the end of September
2011. Honeywell will also provide the
results of the riprap selection and
evaluation by the end of March 2012.
The NRC staff will consider the current
submittal along with the information to
be provided regarding cement
stabilization and riprap selection in its
review. The NRC will review this action
principally using the guidance in
NUREG 1757, Volumes 1–3,
‘‘Consolidated Decommissioning
Guidance.’’ The staff will also consider
guidance from NUREG–1623, ‘‘Design of
Erosion Protection for Long-Term
Stabilization’’ and NUREG/CR–6697,
‘‘Development of Probabilistic RESRAD
6.0 and RESRAD–Build 3.0 Computer
Codes,’’ where appropriate. Ultimately,
the staff will review the application for
compliance with Title 10 of the Code of
Federal Regulations (10 CFR) 20.1402,
‘‘Radiological criteria for unrestricted
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use;’’ 10 CFR 40.36, ‘‘Financial
assurance and recordkeeping for
decommissioning;’’ and 10 CFR 40.42,
‘‘Expiration and termination of licenses,
and decommissioning of sites and
separate buildings or outdoor areas.’’
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, Room 01–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
petitioner in the proceeding and how
that interest may be affected by the
results of the proceeding. The petition
must provide the name, address, and
telephone number of the petitioner; and
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
factors: (1) The nature of the petitioner’s
right under the Act to be made a party
to the proceeding; (2) the nature and
extent of the petitioner’s property,
financial, or other interest in the
proceeding; and (3) the possible effect of
any order that may be entered in the
proceeding on the petitioner’s interest.
A petition for leave to intervene must
also include a specification of the
contentions that the petitioner seeks to
have litigated in the hearing. For each
contention, the petitioner must provide
a specific statement of the issue of law
or fact to be raised or controverted, as
well as a brief explanation of the basis
for the contention. Additionally, the
petitioner must demonstrate that the
issue raised by each contention is
within the scope of the proceeding and
is material to the findings the NRC must
make to support the granting of a license
amendment in response to the
application. The petition must also
include a concise statement of the
alleged facts or expert opinions which
support the position of the petitioner
and on which the petitioner intends to
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rely at hearing, together with references
to the specific sources and documents
on which the petitioner intends to rely.
Finally, the petition must provide
sufficient information to show that a
genuine dispute exists with the
applicant on a material issue of law or
fact, including references to specific
portions of the application for
amendment that the petitioner disputes
and the supporting reasons for each
dispute, or, if the 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 that, 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 crossexamination plan for cross-examination
of witnesses—consistent with the NRC’s
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. 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(d)(1)(i)–(viii). 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
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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.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC’s
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’s 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 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
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39919
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
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 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. To serve documents
through the Electronic Information
Exchange, users will be required to
install a Web browser plug-in from
NRC’s 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 may then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in PDF in accordance with
NRC’s guidance available on NRC’s
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 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 EFiling system timestamps the document
and sends the submitter an e-mail notice
confirming receipt. The E-Filing system
also distributes an e-mail notice that
provides access to the document to the
NRC’s 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
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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/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call to 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 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 to
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
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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
September 6, 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).
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
(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),
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.
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.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
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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.
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.
V. Further Information
The ADAMS accession numbers for
the documents related to this Notice are:
39921
Surface Impoundment
Decommissioning Plan (ADAMS
Accession Number ML103400456),
Supplemental Information for the
Surface Impoundment
Decommissioning Plan Application
(ADAMS Accession Number
ML110620254), and Additional
Supplemental Information for the
Surface Impoundment
Decommissioning Plan Application
(ADAMS Accession Number
ML110750232). Additional
communications such as public
meetings, teleconferences, letters, and emails were conducted between
Honeywell and the NRC relating to this
action (ADAMS Accession Numbers
ML102640573, ML102850110,
ML102800407, ML102950443,
ML103120241, ML103120260,
ML110460419, ML110590108, and
ML110590827).
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.
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.
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 Non-Disclosure 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.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices
NUCLEAR REGULATORY
COMMISSION
[FR Doc. 2011–16980 Filed 7–6–11; 8:45 am]
BILLING CODE 7590–01–P
[NRC–2011–0144; Docket No. 70–7020]
NUCLEAR REGULATORY
COMMISSION
Notice of Acceptance of Application
for Special Nuclear Materials License
From Sensor Concepts and
Applications, Inc., Opportunity To
Request a Hearing, and Order
Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards
Information for Contention Preparation
[NRC–2011–0119]
Office of New Reactors; Proposed
Revision 4 to Standard Review Plan
Section 8.1 on Electric Power—
Introduction, Correction
Solicitation of public comment,
correction of proposed comment date.
ACTION:
This document amends a
notice appearing in the Federal Register
on May 31, 2011 (76 FR 31381), that
announced the proposed Revision 4 to
Standard Review Plan Section 8.1 on
‘‘Electric Power—Introduction.’’ The
notice period for this notice closes on
June 30, 2011. This action is necessary
to reopen the notice period and extend
the originally proposed end date for
public comment from June 30, 2011, to
August 31, 2011.
SUMMARY:
Mr.
William F. Burton, Chief, Rulemaking
and Guidance Development Branch,
Division of New Reactor Licensing,
Office of New Reactors, U.S. Nuclear
Regulatory Commission, Washington,
D.C., 20555–0001; telephone: 301–415–
6332, or e-mail:
William.Burton@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
On Page
31381, in the second column, Date
Information, second line, the proposed
period for comment of 30 days from the
date of publication is extended from
June 30, 2011 to August 31, 2011.
SUPPLEMENTARY INFORMATION:
Dated at Rockville, Maryland, this 29th day
of June 2011.
For the Nuclear Regulatory Commission,
William F. Burton,
Chief, Rulemaking and Guidance
Development Branch, Division of New Reactor
Licensing, Office of New Reactors.
[FR Doc. 2011–17015 Filed 7–6–11; 8:45 am]
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Nuclear Regulatory
Commission.
ACTION: Notice of license application,
opportunity to request a hearing and to
petition for leave to intervene, and
Commission order.
AGENCY:
Nuclear Regulatory
Commission (NRC).
AGENCY:
Requests for a hearing or Leave
to Intervene must be filed by September
6, 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 nonsafeguards information (SUNSI) is
necessary to respond to this notice must
request document access by July 18,
2011.
DATES:
You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2011–
0144 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 at https://
www.Regulations.gov. Because your
comments will not be edited to remove
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 you inform any
party soliciting or aggregating comments
received from other persons for
submission to the NRC that the NRC
will not edit their comments to remove
identifying or contact information.
Therefore, they should not include any
information in their comments 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–2011–0144. Address questions
about NRC dockets to Carol Gallagher at
301–492–3668, or via e-mail to
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
ADDRESSES:
PO 00000
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Commission, Washington, DC 20555–
0001.
• Fax Comments to: RADB at 301–
492–3446.
You can access to publicly available
documents related to this notice may be
obtained by using the following
methods:
• NRC’s Public Document Room
(PDR): The public may examine and
obtain copies for a fee of 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
may 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 public version of the Sensor
Concepts and Applications, Inc’s.,
(SCA) application is available
electronically under ADAMS Accession
Number ML102650097. The ADAMS
Accession Number for the non-public
version of the license application is
ML102650199. The February 17, 2011,
acceptance letter from the NRC’s staff
may be found under ADAMS Accession
Number ML110450186.
FOR FURTHER INFORMATION CONTACT:
Marilyn Diaz, Project Manager, Fuel
Manufacturing Branch, Division of Fuel
Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
11555 Rockville Pike, Mailstop: EBB2–
C40M, Rockville, Maryland 20852.
Telephone: 301–492–3172; fax number:
301–492–3363; e-mail:
Marilyn.Diaz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
has accepted for review an application
for a new license for the possession and
use of special nuclear material (SNM)
for performance testing of new
technologies under a project sponsored
by the Domestic Nuclear Detection
Office (DNDO) of the U.S. Department of
Homeland Security (DHS). Sensor
Concepts and Applications (SCA)
requested the new license for a period
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Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39918-39922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16980]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-3392; NRC-2011-0143]
Honeywell International, Inc., Metropolis Works; License
Amendment Request and Request for a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment request and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATES: Requests for a hearing must be filed by September 6, 2011.
ADDRESSES: 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 Honeywell Surface Impoundment Decommissioning Plan is available
electronically under ADAMS Accession Number ML103400456.
FOR FURTHER INFORMATION CONTACT: Kevin S. Mattern, Project Manager;
Conversion, Deconversion and Enrichment Branch, Division of Fuel Cycle
Safety and Safeguards, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555;
telephone: 301-492-3221; fax: 301-492-3363; e-mail:
Kevin.Mattern@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or Commission)
received, by letter, dated December 2, 2010, a license amendment
application from Honeywell International, Inc. (Honeywell or the
licensee), requesting review and approval of a surface impoundment
decommissioning plan at its Metropolis Works Facility site located in
Metropolis, Illinois. License No. SUB-526 authorizes the licensee to
possess various quantities of natural uranium, depleted uranium, and
other licensed material between atomic numbers 1-100 for use in its
UF6 conversion facility. Specifically, the amendment
provides a plan to decommission four surface impoundments, known as
Ponds B, C, D, and E. The amendment request seeks authorization
allowing Honeywell to conduct remediation activities seeking a partial
site release for unrestricted use of the four surface impoundments from
its NRC license. In addition to the NRC, this facility is regulated by
the Illinois Environmental Protection Agency (IEPA); and Honeywell will
be required to seek separate approval from the IEPA regarding this
action.
An NRC administrative review documented in a letter to Honeywell,
dated March 17, 2011, found the application acceptable to begin a
technical review. If the NRC approves the amendment, the approval will
be documented in an amendment to NRC License No. SUB-526. However,
before approving the proposed amendment, the NRC will need to make the
findings required by the Atomic Energy Act of 1954 (the Act), as
amended, and the NRC's regulations. These findings will be documented
in a Safety Evaluation Report and an Environmental Assessment.
In its application, Honeywell committed to providing additional
information in support of the NRC review. Honeywell will provide the
supplemental treatability testing results of the pozzolan mix for
cement stabilization by the end of September 2011. Honeywell will also
provide the results of the riprap selection and evaluation by the end
of March 2012. The NRC staff will consider the current submittal along
with the information to be provided regarding cement stabilization and
riprap selection in its review. The NRC will review this action
principally using the guidance in NUREG 1757, Volumes 1-3,
``Consolidated Decommissioning Guidance.'' The staff will also consider
guidance from NUREG-1623, ``Design of Erosion Protection for Long-Term
Stabilization'' and NUREG/CR-6697, ``Development of Probabilistic
RESRAD 6.0 and RESRAD-Build 3.0 Computer Codes,'' where appropriate.
Ultimately, the staff will review the application for compliance with
Title 10 of the Code of Federal Regulations (10 CFR) 20.1402,
``Radiological criteria for unrestricted use;'' 10 CFR 40.36,
``Financial assurance and recordkeeping for decommissioning;'' and 10
CFR 40.42, ``Expiration and termination of licenses, and
decommissioning of sites and separate buildings or outdoor areas.''
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, Room 01-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 petitioner in the proceeding and how that interest may
be affected by the results of the proceeding. The petition must provide
the name, address, and telephone number of the petitioner; and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Act to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the petitioner must provide a specific
statement of the issue of law or fact to be raised or controverted, as
well as a brief explanation of the basis for the contention.
Additionally, the petitioner must demonstrate that the issue raised by
each contention is within the scope of the proceeding and is material
to the findings the NRC must make to support the granting of a license
amendment in response to the application. The petition must also
include a concise statement of the alleged facts or expert opinions
which support the position of the petitioner and on which the
petitioner intends to
[[Page 39919]]
rely at hearing, together with references to the specific sources and
documents on which the petitioner intends to rely. Finally, the
petition must provide sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact,
including references to specific portions of the application for
amendment that the petitioner disputes and the supporting reasons for
each dispute, or, if the 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
that, 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 the NRC's 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. 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(d)(1)(i)-(viii). 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 pre-hearing 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.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC's 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's 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 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 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 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. To serve
documents through the Electronic Information Exchange, users will be
required to install a Web browser plug-in from NRC's 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 may then submit a request for
hearing or petition for leave to intervene. Submissions should be in
PDF in accordance with NRC's guidance available on NRC's 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
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
timestamps the document and sends the submitter an e-mail notice
confirming receipt. The E-Filing system also distributes an e-mail
notice that provides access to the document to the NRC's 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 39920]]
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 to 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 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 to 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 September 6, 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).
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),
[[Page 39921]]
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.
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.
V. Further Information
The ADAMS accession numbers for the documents related to this
Notice are: Surface Impoundment Decommissioning Plan (ADAMS Accession
Number ML103400456), Supplemental Information for the Surface
Impoundment Decommissioning Plan Application (ADAMS Accession Number
ML110620254), and Additional Supplemental Information for the Surface
Impoundment Decommissioning Plan Application (ADAMS Accession Number
ML110750232). Additional communications such as public meetings,
teleconferences, letters, and e-mails were conducted between Honeywell
and the NRC relating to this action (ADAMS Accession Numbers
ML102640573, ML102850110, ML102800407, ML102950443, ML103120241,
ML103120260, ML110460419, ML110590108, and ML110590827).
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.
------------------------------------------------------------------------
[[Page 39922]]
[FR Doc. 2011-16980 Filed 7-6-11; 8:45 am]
BILLING CODE 7590-01-P