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]
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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]
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BILLING CODE 7590–01–P
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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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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.
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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
https://www.nrc.gov/reading-rm/
adams.html.
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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
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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.
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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 https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s, ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software; and the NRC’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
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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 https://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
https://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 https://
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.
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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 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 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
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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.
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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.
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2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge, if the presiding officer has
not yet been designated, within 30 days of the
deadline for the receipt of the written access
request.
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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.
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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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
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 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
[[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 https://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 https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's, ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software; and the NRC'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 https://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 https://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 https://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
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 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.
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[FR Doc. 2011-16990 Filed 7-6-11; 8:45 am]
BILLING CODE 7590-01-P