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, 39922-39926 [2011-16990]

Download as PDF 39922 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] sroberts on DSK5SPTVN1PROD with NOTICES BILLING CODE 7590–01–P VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 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 http:// 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 http://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 Frm 00112 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices of 10 years. This license application, if approved, would authorize SCA to possess and use special nuclear materials under 10 CFR Part 70, ‘‘Domestic Licensing of Special Nuclear Material.’’ II. Discussion In an application dated August 18, 2010, SCA Inc. requested a license to possess and use SNM to conduct tests of new technology of detection systems. The material will be used as test objects for concept demonstrations and characterization testing at the SCA facility. Following an administrative review, the NRC requested that SCA revise the application to include elements essential to the review. SCA submitted a revised license application dated November 12, 2010, and supplemental information on February 14, 2011. As documented in a letter to SCA dated February 17, 2011, the NRC staff found the revised license application acceptable to begin a detailed technical review. The application has been docketed in Docket No. 70–7020. If the NRC approves the license application, the approval will be documented in the issuance of a new NRC License. However, before approving the license application and issuing the license, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the NRC’s regulations. These findings will be documented in a Safety Evaluation Report but because the licensed material will be used for research and development and testing contained within sealed sources, the application qualifies for a categorical exclusion, pursuant to 10 CFR 51.22(c)(14)(viii). Therefore, an environmental assessment or environmental impact statement will not be performed. sroberts on DSK5SPTVN1PROD with NOTICES III. Opportunity To Request a Hearing Requirements for submitting hearing requests and petitions for leave to intervene are found in 10 CFR 2.309, ‘‘Hearing Requests, Petitions to Intervene, Requirements for Standing, and Contentions.’’ Interested persons should consult 10 CFR 2.309, which is available at the NRC’s PDR, located at One White Flint North, 11555 Rockville Pike, Room O1–F21, Rockville, MD 20852 (or call the PDR at 1–800–397– 4209 or 301–415–4737). NRC regulations are also accessible electronically from the NRC’s Library at http://www.nrc.gov/reading-rm/ adams.html. VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 IV. Petition for Leave To Intervene Any person whose interest may be affected by this proceeding, and who desires 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 Atomic Energy Act of 1954, as amended (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 that the NRC must make to support the granting of a license in response to the application. The petition must also include a concise statement of the alleged facts or expert opinions which support the position of the petitioner, and on which the petitioner intends to rely at the 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 license application that the petitioner disputes and the supporting reasons for each dispute, or, if the petitioner believes that the license application fails to contain information on a relevant matter as required by law, the identification of each failure, and the supporting reasons for the petitioner’s belief. Each contention must be one that, if proven, would entitle the petitioner to relief. Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 39923 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 NRC’s regulations, policies, and procedures. The Licensing Board will set the time and place for any pre-hearing conferences and evidentiary hearings, and the appropriate notices will be provided. Petitions for leave to intervene must be submitted no later than 60 days from July 7, 2011. Non-timely petitions for leave to intervene and contentions, amended petitions, and supplemental petitions will not be entertained, absent a determination by the Commission, the 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 non-party, 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 September 6, 2011. E:\FR\FM\07JYN1.SGM 07JYN1 sroberts on DSK5SPTVN1PROD with NOTICES 39924 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices V. 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 any document filed by interested Governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139, August 28, 2007.) The EFiling process requires participants to submit and serve all adjudicatory documents over the Internet—or in some cases, to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the petitioner/requestor 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 ESubmittal 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 petitioner/requestor, or its counsel or representative, already holds an NRCissued digital ID certificate.) Based on 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 http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in the NRC’s, ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software; and the NRC’s 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 VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 participant must file the document using the NRC’s online, Web-based submission form, including the installation of the Web browser plug-in, which is available on the NRC’s public Web site at http://www.nrc.gov/sitehelp/e-submittals.html. Once a petitioner/requestor has obtained a digital ID certificate and a docket has been created, the petitioner/ requestor can then submit a request for hearing or petition for Leave to Intervene. Submissions should be in Portable Document Format (PDF) in accordance with the NRC’s guidance available on the NRC public Web site at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its documents through the Electronic Information Exchange (EIE) system. To be timely, an electronic filing must be submitted to the E-Filing system, no later than 11:59 p.m., Eastern Standard 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 EIE 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 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 http:// www.nrc.gov/site-help/esubmittals.html, by e-mail at MSHD.Resource@nrc.gov, or by calling 1–800–672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m. Eastern Standard Time, Monday through Friday, excluding Federal holidays. Participants who believe that they have a good cause for not submitting documents electronically must file a motion, 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. PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 16th Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemakings and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket, which is available to the public at http:// 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 telephone 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. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing SUNSI. B. Within 10 days after publication of this Notice of Acceptance of Application and Opportunity to Request a Hearing, 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 E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices late filing addressing why the request could not have been filed earlier. C. The requester 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); (3) The identity of the individual or entity requesting access to SUNSI and the requester’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 those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after the requestor is granted access to that information. However, if more than 25 days remain between the date the petitioner is granted access to the information and the deadline for filing all other contentions (as established in the Notice of Hearing or Opportunity for Hearing), the petitioner may file its SUNSI contentions by that later deadline. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC’s staff, either after a determination on standing and need for access or after a determination on trustworthiness and reliability, the NRC’s staff shall immediately notify the requestor in writing, briefly stating the reason(s) for the denial. (2) The requester 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 39925 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 requester may challenge an NRC staff’s 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’s 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’s determinations (whether granting or denying access) is governed by 10 CFR 2.311.3 I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize 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 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 Acceptance of Application and Opportunity to Request a Hearing, 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. sroberts on DSK5SPTVN1PROD with NOTICES 10 ...................... 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. VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 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. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 3 Requesters 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’s determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. E:\FR\FM\07JYN1.SGM 07JYN1 39926 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices ATTACHMENT 1: GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued Day Event/Activity 60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). The U.S. Nuclear Regulatory Commission’s (NRC’s) staff informs the requester 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. (The NRC’s staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If the NRC’s staff makes the finding of need for SUNSI and likelihood of standing, the NRC’s staff begins document processing (preparation of redactions or review of redacted documents). If the NRC’s staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; the NRC’s staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If the NRC’s 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 the NRC staff reply to motions to reverse the NRC staff determination(s). (Receipt +30) If the NRC staff finds standing and need for SUNSI, deadline for the NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file NonDisclosure 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/Intervener reply to answers. Decision on contention admission. 20 ...................... 25 ...................... 30 ...................... 40 ...................... A ....................... A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... >A + 60 ............. [FR Doc. 2011–16990 Filed 7–6–11; 8:45 am] BILLING CODE 7590–01–P OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION Senior Executive Service Performance Review Board Membership Occupational Safety and Health Review Commission. ACTION: Annual notice. AGENCY: Notice is given under 5 U.S.C. 4314(c)(4) of the appointment of members to the Performance Review Board (PRB) of the Occupational Safety and Health Review Commission. DATES: Membership is effective on July 7, 2011. FOR FURTHER INFORMATION CONTACT: Debra A. Hall, Acting Executive Director, U.S. Occupational Safety and Health Review Commission, 1120 20th Street, NW., Washington, DC 20036, (202) 606–5397. SUPPLEMENTARY INFORMATION: The Review Commission, as required by 5 U.S.C. 4314(c)(1) through (5), has established a Senior Executive Service PRB. The PRB reviews and evaluates the initial appraisal of a senior executive’s performance by the supervisor, and makes recommendations to the Chairman of the Review Commission sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:26 Jul 06, 2011 Jkt 223001 regarding performance ratings, performance awards, and pay-forperformance adjustments. In the case of an appraisal of a career appointee, more than half of the members shall consist of career appointees, pursuant to 5 U.S.C. 4314(c)(5). The names and titles of the PRB members are as follows: • Debra A. Carr, Director, Division of Policy, Planning, and Program Development, Office of Federal Contract Compliance Programs, U.S. Department of Labor; • Matthew T. Wallen, Director, Office of Public Assistance, Governmental Affairs and Compliance, Surface Transportation Board, U.S. Department of Transportation; • Lola A. Ward, Director for the Office of Administration, National Transportation Safety Board. Dated: June 29, 2011. Thomasina V. Rogers, Chairman. [FR Doc. 2011–17002 Filed 7–6–11; 8:45 am] BILLING CODE 7600–01–P PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 OFFICE OF PERSONNEL MANAGEMENT Submission for Review: SF 2800, Application for Death Benefits Under the Civil Service Retirement System; and SF 2800A, Documentation and Elections in Support of Application for Death Benefits When Deceased Was an Employee at the Time of Death U.S. Office of Personnel Management. ACTION: 60-day notice and request for comments. AGENCY: The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection request (ICR) 3206–0156, Application for Death Benefits Under the Civil Service Retirement System and Documentation and Elections in Support of Application for Death Benefits When Deceased Was an Employee at the Time of Death. As required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35) as amended by the ClingerCohen Act (Pub. L. 104–106), OPM is soliciting comments for this collection. The Office of Management and Budget is particularly interested in comments that: SUMMARY: E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39922-39926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16990]



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NUCLEAR REGULATORY COMMISSION



[NRC-2011-0144; Docket No. 70-7020]




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



AGENCY: Nuclear Regulatory Commission.



ACTION: Notice of license application, opportunity to request a hearing 

and to petition for leave to intervene, and Commission order.



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DATES: 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 non-safeguards information (SUNSI) is necessary 

to respond to this notice must request document access by July 18, 

2011.



ADDRESSES: 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 

http://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 http://

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 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 http://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



[[Page 39923]]



of 10 years. This license application, if approved, would authorize SCA 

to possess and use special nuclear materials under 10 CFR Part 70, 

``Domestic Licensing of Special Nuclear Material.''



II. Discussion



    In an application dated August 18, 2010, SCA Inc. requested a 

license to possess and use SNM to conduct tests of new technology of 

detection systems. The material will be used as test objects for 

concept demonstrations and characterization testing at the SCA 

facility. Following an administrative review, the NRC requested that 

SCA revise the application to include elements essential to the review. 

SCA submitted a revised license application dated November 12, 2010, 

and supplemental information on February 14, 2011. As documented in a 

letter to SCA dated February 17, 2011, the NRC staff found the revised 

license application acceptable to begin a detailed technical review. 

The application has been docketed in Docket No. 70-7020.

    If the NRC approves the license application, the approval will be 

documented in the issuance of a new NRC License. However, before 

approving the license application and issuing the license, the NRC will 

need to make the findings required by the Atomic Energy Act of 1954, as 

amended (the Act), and the NRC's regulations. These findings will be 

documented in a Safety Evaluation Report but because the licensed 

material will be used for research and development and testing 

contained within sealed sources, the application qualifies for a 

categorical exclusion, pursuant to 10 CFR 51.22(c)(14)(viii). 

Therefore, an environmental assessment or environmental impact 

statement will not be performed.



III. Opportunity To Request a Hearing



    Requirements for submitting hearing requests and petitions for 

leave to intervene are found in 10 CFR 2.309, ``Hearing Requests, 

Petitions to Intervene, Requirements for Standing, and Contentions.'' 

Interested persons should consult 10 CFR 2.309, which is available at 

the NRC's PDR, located at One White Flint North, 11555 Rockville Pike, 

Room O1-F21, Rockville, MD 20852 (or call the PDR at 1-800-397-4209 or 

301-415-4737). NRC regulations are also accessible electronically from 

the NRC's Library at http://www.nrc.gov/reading-rm/adams.html.



IV. Petition for Leave To Intervene



    Any person whose interest may be affected by this proceeding, and 

who desires 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 Atomic Energy Act of 1954, as amended 

(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 that the NRC must make to support the granting of a 

license in response to the application. The petition must also include 

a concise statement of the alleged facts or expert opinions which 

support the position of the petitioner, and on which the petitioner 

intends to rely at the 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 license 

application that the petitioner disputes and the supporting reasons for 

each dispute, or, if the petitioner believes that the license 

application fails to contain information on a relevant matter as 

required by law, the identification of each failure, and the supporting 

reasons for the petitioner's belief. Each contention must be one that, 

if proven, would entitle the 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's regulations, policies, and procedures. The 

Licensing Board will set the time and place for any pre-hearing 

conferences and evidentiary hearings, and the appropriate notices will 

be provided.

    Petitions for leave to intervene must be submitted no later than 60 

days from July 7, 2011. Non-timely petitions for leave to intervene and 

contentions, amended petitions, and supplemental petitions will not be 

entertained, absent a determination by the Commission, the 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 non-party, 

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 September 6, 2011.



[[Page 39924]]



V. 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 any document 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 10 

days prior to the filing deadline, the petitioner/requestor 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 petitioner/requestor, or its counsel or representative, 

already holds an NRC-issued digital ID certificate.) Based on 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 http://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 http://www.nrc.gov/site-help/e-submittals.html. Participants 

may attempt to use other software not listed on the Web site, but 

should note that the NRC's E-Filing system does not support unlisted 

software; and the NRC's 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, including 

the installation of the Web browser plug-in, which is available on the 

NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.

    Once a petitioner/requestor has obtained a digital ID certificate 

and a docket has been created, the petitioner/requestor can then submit 

a request for hearing or petition for Leave to Intervene. Submissions 

should be in Portable Document Format (PDF) in accordance with the 

NRC's guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered 

complete at the time the filer submits its documents through the 

Electronic Information Exchange (EIE) system. To be timely, an 

electronic filing must be submitted to the E-Filing system, no later 

than 11:59 p.m., Eastern Standard 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 

EIE 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 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 http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by calling 1-800-672-7640. The NRC Meta 

System Help Desk is available between 8 a.m. and 8 p.m. Eastern 

Standard Time, Monday through Friday, excluding Federal holidays.

    Participants who believe that they have a good cause for not 

submitting documents electronically must file a motion, in accordance 

with 10 CFR 2.302(g), with their initial paper filing requesting 

authorization to continue to submit documents in paper format. Such 

filings must be submitted by: (1) First-class mail addressed to the 

Office of the Secretary of the Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555-0001, Attention: Rulemakings and 

Adjudications Staff; or (2) courier, express mail, or expedited 

delivery service to the Office of the Secretary, 16th Floor, One White 

Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, 

Attention: Rulemakings and Adjudications Staff. Participants filing a 

document in this manner are responsible for serving the document on all 

other participants. Filing is considered complete by first-class mail 

as of the time of deposit in the mail, or by courier, express mail, or 

expedited delivery service upon depositing the document with the 

provider of the service. A presiding officer, having granted an 

exemption request from using E-Filing, may require a participant or 

party to use E-Filing if the presiding officer subsequently determines 

that the reason for granting the exemption from use of E-Filing no 

longer exists.

    Documents submitted in adjudicatory proceedings will appear in the 

NRC's electronic hearing docket, which is available to the public at 

http://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 telephone 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.



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 SUNSI.

    B. Within 10 days after publication of this Notice of Acceptance of 

Application and Opportunity to Request a Hearing, 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



[[Page 39925]]



late filing addressing why the request could not have been filed 

earlier.

    C. The requester 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);

    (3) The identity of the individual or entity requesting access to 

SUNSI and the requester'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 

those documents. These conditions may include, but are not limited to, 

the signing of a Non-Disclosure Agreement or Affidavit, or Protective 

Order \2\ setting forth terms and conditions to prevent the 

unauthorized or inadvertent disclosure of SUNSI by each individual who 

will be granted access to SUNSI.

---------------------------------------------------------------------------



    \2\ Any motion for Protective Order or draft Non-Disclosure 

Affidavit or Agreement for SUNSI must be filed with the presiding 

officer or the Chief Administrative Judge, if the presiding officer 

has not yet been designated, within 30 days of the deadline for the 

receipt of the written access request.

---------------------------------------------------------------------------



    F. Filing of Contentions. Any contentions in these proceedings that 

are based upon the information received as a result of the request made 

for SUNSI must be filed by the requestor no later than 25 days after 

the requestor is granted access to that information. However, if more 

than 25 days remain between the date the petitioner is granted access 

to the information and the deadline for filing all other contentions 

(as established in the Notice of Hearing or Opportunity for Hearing), 

the petitioner may file its SUNSI contentions by that later deadline.

    G. Review of Denials of Access.

    (1) If the request for access to SUNSI is denied by the NRC's 

staff, either after a determination on standing and need for access or 

after a determination on trustworthiness and reliability, the NRC's 

staff shall immediately notify the requestor in writing, briefly 

stating the reason(s) for the denial.

    (2) The requester 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 requester may 

challenge an NRC staff's 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's 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's 

determinations (whether granting or denying access) is governed by 10 

CFR 2.311.\3\

---------------------------------------------------------------------------



    \3\ Requesters 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's 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 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 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

                            Acceptance of Application and Opportunity to

                            Request a Hearing, 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.



[[Page 39926]]



 

60.......................  Deadline for submitting petition for

                            intervention containing: (i) Demonstration

                            of standing; and (ii) all contentions whose

                            formulation does not require access to SUNSI

                            (+25 Answers to petition for intervention;

                            +7 petitioner/requestor reply).

20.......................  The U.S. Nuclear Regulatory Commission's

                            (NRC's) staff informs the requester 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. (The NRC's staff also

                            informs any party to the proceeding whose

                            interest independent of the proceeding would

                            be harmed by the release of the

                            information.) If the NRC's staff makes the

                            finding of need for SUNSI and likelihood of

                            standing, the NRC's staff begins document

                            processing (preparation of redactions or

                            review of redacted documents).

25.......................  If the NRC's staff finds no ``need'' or no

                            likelihood of standing, the deadline for

                            petitioner/requester to file a motion

                            seeking a ruling to reverse the NRC staff's

                            denial of access; the NRC's staff files copy

                            of access determination with the presiding

                            officer (or Chief Administrative Judge or

                            other designated officer, as appropriate).

                            If the NRC's 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 the NRC staff reply to motions

                            to reverse the NRC staff determination(s).

40.......................  (Receipt +30) If the NRC staff finds standing

                            and need for SUNSI, deadline for the 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/Intervener

                            reply to answers.

>A + 60..................  Decision on contention admission.

------------------------------------------------------------------------



[FR Doc. 2011-16990 Filed 7-6-11; 8:45 am]

BILLING CODE 7590-01-P