Confirmatory Order Modifying License No. SNM-2001 for the Shallow Land Disposal Area, Parks Township, Armstrong County, PA; Notice of Opportunity for Hearing and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 55711-55716 [2011-22958]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55711-55716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22958]



[[Page 55711]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8907; NRC-2011-0193]


Confirmatory Order Modifying License No. SNM-2001 for the Shallow 
Land Disposal Area, Parks Township, Armstrong County, PA; Notice of 
Opportunity for Hearing and Order Imposing Procedures for Access to 
Sensitive Unclassified Non-Safeguards Information and Safeguards 
Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Confirmatory Order and opportunity to request a 
hearing and Commission Order.

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SUMMARY: This notice is to advise the Public of the Issuance of a 
Confirmatory Order Modifying License No. SNM-2001, held by BWX 
Technologies, Inc. (hereinafter referred to as the BWXT or Licensee). 
The Order set forth below was issued to the Licensee on August 5, 2011, 
and includes an opportunity to request a hearing.

DATES: Requests for a hearing or leave to intervene must be filed by 
September 28, 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 and/or Safeguards 
Information is necessary to respond to this notice must request 
document access by September 19, 2011.

FOR FURTHER INFORMATION CONTACT: Yolande Norman, Office of Federal and 
State Materials and Environmental Management Programs, Division of 
Waste Management and Environmental Protection, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone: 301-415-7741, e-mail: 
Yolande.Norman@nrc.gov.

Confirmatory Order Modifying License (Effective Immediately)

I

    BWX Technologies, Inc. (BWXT or the Licensee) is the holder of U.S. 
Nuclear Regulatory Commission (NRC or Commission) License No. SNM-2001 
(License) issued by the NRC pursuant to 10 CFR part 70. The License 
authorizes BWXT to receive, acquire, possess, and transfer byproduct, 
source, and special nuclear material (SNM), pursuant to the terms and 
conditions of the aforementioned License, at the Shallow Land Disposal 
Area (SLDA) located in Parks Township, Pennsylvania. The License was 
issued on October 24, 1995, was most recently amended on June 20, 2011, 
and remains in effect.

II

    In accordance with the Department of Defense and Emergency 
Supplemental Appropriations for Recovery from and Response to Terrorist 
Attacks on the United States, January 2002 (Pub. L. 107-117, Section 
8143), the remediation of radiologically contaminated soil and waste 
material at the SLDA site will be performed by the U.S. Army Corps of 
Engineers (USACE), as part of the Formerly Utilized Sites Remedial 
Action Program (FUSRAP), and pursuant to the Energy and Water 
Development Appropriations Acts for Fiscal Years 1998-2001 (Pub. L. 
105-62, 105-245, 106-60, and 106-377, respectively). Section 611 of 
Public Law 106-60 requires USACE to remediate FUSRAP sites in 
accordance with the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9601 et seq., 
and the National Oil and Hazardous Substances Pollution Contingency 
Plan, 40 CFR part 300. The USACE, as provided for in Section 121(e) of 
CERCLA and 40 CFR 300.400(e), is not required to obtain an NRC license 
for its on-site remediation activities conducted under its CERCLA 
authority.
    In accordance with Article III of the ``Memorandum of Understanding 
Between the U.S. Nuclear Regulatory Commission and The U.S. Army Corps 
of Engineers for Coordination of Cleanup & Decommissioning of the 
Formerly Utilized Sites Remedial Action Program (FUSRAP) Sites With 
NRC-Licensed Facilities,'' 66 FR 36606 (July 12, 2001), at the request 
of USACE, the NRC will initiate action for the suspension of BWXT's 
License, contingent upon USACE notifying the NRC in writing, at least 
90 days prior to USACE's expected date of initiation of a site response 
action, that USACE is prepared to take possession of all the licensed 
site for purposes of control of radiation from FUSRAP materials subject 
to NRC jurisdiction. Upon taking possession, USACE will be responsible 
for the protection of the public health and safety from those materials 
consistent with 10 CFR part 20, ``Standards for Protection Against 
Radiation.''
    Article III of the Memorandum of Understanding (MOU) further 
provides that USACE agrees to provide notification to the NRC that it 
is prepared to take possession of the SLDA site after USACE issues its 
final Record of Decision (ROD), and that USACE agrees to remediate the 
licensed site to meet at least the requirements of CERCLA and 10 CFR 
20.1402. The USACE issued its ROD for the remediation of radiological 
soil and waste material at the FUSRAP SLDA Site in September 2007. The 
NRC reviewed the ROD and concludes that the planned remediation and 
disposal of the buried materials in an NRC-licensed disposal facility, 
as proposed in the ROD, are consistent with the applicable provisions 
of the MOU between the NRC and USACE.
    Article III of the MOU further provides that NRC licensing action 
for suspension of the License will be effective subject to written 
notification by USACE to the NRC that USACE has taken physical 
possession of the licensed site for purposes of radiation control, and 
is now responsible for the protection of the public health and safety 
consistent with the requirements of 10 CFR part 20. Article III further 
states that USACE has no objection to, and will facilitate, the NRC 
observing USACE in-process remediation activities. Finally, Article III 
of the MOU provides that following completion of its response action at 
the site, USACE shall provide the NRC with a copy of the CERCLA 
Administrative Record.
    Article III of the MOU provides that the NRC will reinstate the 
License if USACE no longer controls the FUSRAP-related portion of the 
site for radiation protection purposes, is no longer proceeding with a 
response action under CERCLA, or has otherwise completed its response 
action. Article III of the MOU also provides that USACE will notify the 
NRC in writing, at least 90 calendar days prior to USACE terminating 
its physical possession for purposes of control of radiation so that 
the NRC can initiate the process for reinstating the License.

III

    By letter dated March 16, 2011, as supplemented by letter dated 
June 7, 2011, the Licensee notified the NRC and agreed that:
    A. The License shall be suspended in its entirety after USACE takes 
physical possession of the SLDA site.
    B. Cabrera Services, Inc. (Cabrera), or another similarly qualified 
subcontractor possessing a license under which the work can be 
performed, will be contracted to manage excavated materials that are 
below the soil cleanup Derived Concentration Guideline Levels (DCGL) 
and cannot be reused at the site; Cabrera (or a similarly qualified 
subcontractor) will also manage the transportation and disposal of this 
material.

[[Page 55712]]

    C. All activities executed by Cabrera (or a similarly qualified 
subcontractor) will be performed in accordance with an NRC license 
(Cabrera License No. 06-030556-01 or comparable) and with all State and 
local requirements for handling and shipping excavated material, as 
applicable.
    D. The site access agreements between BWXT and the USACE, along 
with the contract between BWXT and Cabrera (or a similarly qualified 
subcontractor) will ensure that BWXT and Cabrera (or a similarly 
qualified subcontractor) have appropriate access to the site to execute 
the work activities.
    E. Prior to engagement of another subcontractor to perform work at 
the site, BWXT will provide the NRC with at least 90 days notice and 
opportunity for review of the proposed subcontractor.
    F. Notwithstanding the License suspension, BWXT may make a request 
for alternate disposal pursuant to 10 CFR 20.2002 for approval of 
proposed procedures, not otherwise authorized in NRC regulations, to 
dispose of soil below DCGL generated by on-site remediation activities.
    In addition, the Licensee consented to issuance of this Order with 
the commitments, as described above. The Licensee further agreed that 
this Order shall be effective upon issuance, and that it waives its 
right to a hearing with respect to this Order.
    Implementation of these commitments will provide enhanced assurance 
that sufficient resources will be applied to the radiation safety 
program, and that the program will be conducted safely and in 
accordance with NRC requirements.
    I find that the Licensee's commitments, as set forth above, are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that the Licensee's commitments be confirmed by this Order. Based on 
the above and Licensee's consent, this Order is immediately effective 
upon issuance.

IV

    Accordingly, pursuant to Sections 81, 83, 84, 161b, 161i, 161o, 182 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR parts 20, 70, 73 
and 74 It Is Hereby Ordered, Effective Immediately, That License No. 
SNM-2001 Is Modified As Follows:
    A. The License shall be suspended in its entirety after USACE takes 
physical possession of the site. License suspension shall be effective 
upon the date of the written notification to the NRC by USACE that it 
has taken physical possession of the site for purposes of radiation 
control, and is now responsible for the protection of the public health 
and safety consistent with the requirements of 10 CFR part 20.
    B. Furthermore, because certain amounts of special nuclear material 
may be encountered during remediation activities, USACE will be 
responsible for the criticality safety, physical protection, and 
material control and accounting of the special nuclear material as set 
forth in 10 CFR part 70 ``Domestic Licensing of Special Nuclear 
Material,'' part 73 ``Physical Protection of Plants and Materials'' 
and, part 74 ``Material Control and Accounting of Special Nuclear 
Material.'' The handling of special nuclear material during USACE's 
remediation is detailed in the Final Work Plans dated April and May, 
2011 that were reviewed and accepted by the NRC as satisfying the 
regulatory requirements in 10 CFR parts 70, 73, and 74, as applicable.
    C. The License shall be reinstated:
    (1) After USACE notifies the NRC in writing that USACE intends to 
terminate its physical possession of the site for the purpose of 
radiation control and the handling of special nuclear material; and
    (2) After USACE is no longer controlling the site for radiation 
protection purposes and the handling of special nuclear material, is no 
longer proceeding with a response action at the site under CERCLA, or 
has otherwise completed its response action for the site; and
    (3) After the Licensee reestablishes physical possession of the 
site.
    D. The Licensee shall establish physical possession of the site 
immediately after USACE vacates the site. Within 2 business days after 
the Licensee establishes physical possession of the site, the Licensee 
shall send written notification to the NRC that it has done so and 
indicate when it did so. The Licensee shall send such notices to the 
Director, Office of Federal and State Materials and Environmental 
Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, and to the Chief, Special Projects Branch, Division of Waste 
Management and Environmental Protection at the same address.
    The Director, Office of Federal and State Materials and 
Environmental Management Programs, may, in writing, relax or rescind 
any of the above conditions upon demonstration by the Licensee of good 
cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
publication in the Federal Register. Where good cause is shown, 
consideration will be given to extending the time to request a hearing. 
A request for extension of time must be made in writing to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and include a statement of good cause for the 
extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by e-mail at 
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1) 
A digital ID certificate, which allows the participant (or its counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's

[[Page 55713]]

``Guidance for Electronic Submission,'' which is available on the 
agency's public Web site at https://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to use other software not 
listed on the Web site, but should note that the NRC's E-Filing system 
does not support unlisted software, and the NRC Meta System Help Desk 
will not be able to offer assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange (EIE), 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an e-mail notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd1.nrc.gov/EHD/ unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    If a person (other than the Licensee) requests a hearing, that 
person shall set forth with particularity the manner in which his 
interest is adversely affected by this Confirmatory Order and shall 
address the criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 20 days from the date this 
Confirmatory Order is published in the Federal Register without further 
order or proceedings. If an extension of time for requesting a hearing 
has been approved, the provisions specified in Section V shall be final 
when the extension expires if a hearing request has not been received.
    A Request for Hearing Shall Not Stay the Immediate Effectiveness of 
this Order.

    Dated this 5th day of August 2011.

    For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Acting Director, Office of Federal and State Materials and 
Environmental Management Programs.

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)). 
Requirements for access to SGI are primarily set forth in 10 CFR parts 
2 and 73. Nothing in this Order is intended to conflict with the SGI 
regulations.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI or SGI is necessary to respond to this notice 
may request access to SUNSI or SGI. A ``potential party'' is any 
person, other than the licensee, 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 or SGI submitted later than 10 
days after publication will not be considered absent a showing of good 
cause for the late filing, addressing why the request could not have 
been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI,

[[Page 55714]]

SGI, or both 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:
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    \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 and/or SGI 
under these procedures should be submitted as described in this 
paragraph.
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    (1) A description of the enforcement 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) If the request is for SUNSI, the identity of the individual or 
entity requesting access to SUNSI and the requestor's basis for the 
need for the information in order to meaningfully participate in this 
adjudicatory proceeding. In particular, the request must explain why 
publicly-available versions of the information requested would not be 
sufficient to provide the basis and specificity for a proffered 
contention;
    (4) If the request is for SGI, the identity of each individual who 
would have access to SGI if the request is granted, including the 
identity of any expert, consultant, or assistant who will aid the 
requestor in evaluating the SGI. In addition, the request must contain 
the following information:
    (a) A statement that explains each individual's ``need to know'' 
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent 
with the definition of ``need to know'' as stated in 10 CFR 73.2, the 
statement must explain:
    (i) Specifically why the requestor believes that the information is 
necessary to enable the requestor to proffer and/or adjudicate a 
specific contention in this proceeding; \2\ and
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    \2\ Broad SGI requests under these procedures are unlikely to 
meet the standard for need to know; furthermore, staff redaction of 
information from requested documents before their release may be 
appropriate to comport with this requirement. These procedures do 
not authorize unrestricted disclosure or less scrutiny of a 
requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention or non-adjudicatory 
access to SGI.
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    (ii) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested SGI to provide the basis and specificity for a proffered 
contention. The technical competence of a potential party or its 
counsel may be shown by reliance on a qualified expert, consultant, or 
assistant who satisfies these criteria.
    (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive 
Positions'' for each individual who would have access to SGI. The 
completed Form SF-85 will be used by the Office of Administration to 
conduct the background check required for access to SGI, as required by 
10 CFR part 2, subpart G and 10 CFR 73.22(b)(2), to determine the 
requestor's trustworthiness and reliability. For security reasons, Form 
SF-85 can only be submitted electronically through the electronic 
questionnaire for investigations processing (e-QIP) Web site, a secure 
Web site that is owned and operated by the Office of Personnel 
Management. To obtain online access to the form, the requestor should 
contact the NRC's Office of Administration at 301-492-3524.\3\
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    \3\ The requestor will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and e-mail address. After providing this information, the requestor 
usually should be able to obtain access to the online form within 
one business day.
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    (c) A completed Form FD-258 (fingerprint card), signed in original 
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form 
FD-258 may be obtained by writing the Office of Information Services, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by 
calling 301-415-7232 or 301-492-7311, or by e-mail to 
Forms.Resource@nrc.gov. The fingerprint card will be used to satisfy 
the requirements of 10 CFR part 2, 10 CFR 73.22(b)(1), and Section 149 
of the Atomic Energy Act of 1954, as amended, which mandates that all 
persons with access to SGI must be fingerprinted for an FBI 
identification and criminal history records check;
    (d) A check or money order payable in the amount of $200.00\4\ to 
the U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted, and
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    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
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    (e) If the requestor or any individual who will have access to SGI 
believes they belong to one or more of the categories of individuals 
that are exempt from the criminal history records check and background 
check requirements in 10 CFR 73.59, the requestor should also provide a 
statement identifying which exemption the requestor is invoking and 
explaining the requestor's basis for believing that the exemption 
applies. While processing the request, the Office of Administration, 
Personnel Security Branch, will make a final determination whether the 
claimed exemption applies. Alternatively, the requestor may contact the 
Office of Administration for an evaluation of their exemption status 
prior to submitting their request. Persons who are exempt from the 
background check are not required to complete the SF-85 or Form FD-258; 
however, all other requirements for access to SGI, including the need 
to know, are still applicable.

    Note: Copies of documents and materials required by paragraphs 
C.(4)(b), (c), and (d) of this Order must be sent to the following 
address: Office of Administration, U.S. Nuclear Regulatory 
Commission, Personnel Security Branch, Mail Stop TWB-05-B32M, 
Washington, DC 20555-0001.

These documents and materials should not be included with the request 
letter to the Office of the Secretary, but the request letter should 
state that the forms and fees have been submitted as required above.

    D. To avoid delays in processing requests for access to SGI, the 
requestor should review all submitted materials for completeness and 
accuracy (including legibility) before submitting them to the NRC. The 
NRC will return incomplete packages to the sender without processing.
    E. Based on an evaluation of the information submitted under 
paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
    F. For requests for access to SUNSI, if the NRC staff determines 
that the requestor satisfies both E.(1) and E.(2) above, the NRC staff 
will notify the requestor in writing that access to SUNSI has been 
granted. The written notification will contain instructions on how the 
requestor may obtain copies of the requested documents, and any other 
conditions that may apply to access to

[[Page 55715]]

those documents. These conditions may include, but are not limited to, 
the signing of a Non-Disclosure Agreement or Affidavit, or Protective 
Order \5\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \5\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    G. For requests for access to SGI, if the NRC staff determines that 
the requestor has satisfied both E.(1) and E.(2) above, the Office of 
Administration will then determine, based upon completion of the 
background check, whether the proposed recipient is trustworthy and 
reliable, as required for access to SGI by 10 CFR 73.22(b). If the 
Office of Administration determines that the individual or individuals 
are trustworthy and reliable, the NRC will promptly notify the 
requestor in writing. The notification will provide the names of 
approved individuals as well as the conditions under which the SGI will 
be provided. Those conditions may include, but not be limited to, the 
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 
\6\ by each individual who will be granted access to SGI.
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    \6\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SGI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 180 days of the deadline for the 
receipt of the written access request.
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    H. Release and Storage of SGI. Prior to providing SGI to the 
requestor, the NRC staff will conduct (as necessary) an inspection to 
confirm that the recipient's information protection system is 
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, 
recipients may opt to view SGI at an approved SGI storage location 
rather than establish their own SGI protection program to meet SGI 
protection requirements.
    I. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI or SGI 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 or SGI contentions by that 
later deadline.
    J. Review of Denials of Access.
    (1) If the request for access to SUNSI or SGI is denied by the NRC 
staff either after a determination on standing and requisite need, or 
after a determination on trustworthiness and reliability, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) Before the Office of Administration makes an adverse 
determination regarding the proposed recipient(s) trustworthiness and 
reliability for access to SGI, the Office of Administration, in 
accordance with 10 CFR 2.705(c)(3)(iii), must provide the proposed 
recipient(s) any records that were considered in the trustworthiness 
and reliability determination, including those required to be provided 
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an 
opportunity to correct or explain the information.
    (3) The requestor may challenge the NRC staff's adverse 
determination with respect to access to SUNSI 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.
    (4) The requestor may challenge the NRC staff's or Office of 
Administration's adverse determination with respect to access to SGI by 
filing a request for review in accordance with 10 CFR 2.705(c)(3)(iv). 
Further appeals of decisions under this paragraph must be made pursuant 
to 10 CFR 2.311.
    K. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI or SGI 
whose release would harm that party's interest independent of the 
proceeding. Such a challenge must be filed with the Chief 
Administrative Judge within 5 days of the notification by the NRC staff 
of its grant of access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\7\
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    \7\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI/SGI request submitted to the NRC staff under these 
procedures.
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    L. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI or SGI, and motions for protective orders, in a 
timely fashion in order to minimize any unnecessary delays in 
identifying those petitioners who have standing and who have propounded 
contentions meeting the specificity and basis requirements in 10 CFR 
part 2. Attachment 1 to this Order summarizes the general target 
schedule for processing and resolving requests under these procedures.
    It Is So Ordered.

    Dated at Rockville, Maryland, this 1st day of September, 2011.

    For the Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
              and Safeguards Information in This Proceeding
------------------------------------------------------------------------
          Day                            Event/activity
------------------------------------------------------------------------
0.....................  Publication of Federal Register notice of
                         hearing and opportunity to petition for leave
                         to intervene, including order with instructions
                         for access requests.
10....................  Deadline for submitting requests for access to
                         Sensitive Unclassified Non-Safeguards
                         Information (SUNSI) and/or Safeguards
                         Information (SGI) 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; demonstrating that access should be
                         granted (e.g., showing technical competence for
                         access to SGI); and, for SGI, including
                         application fee for fingerprint/background
                         check.

[[Page 55716]]

 
20....................  Deadline for submitting petition for
                         intervention containing: (i) Demonstration of
                         standing; (ii) all contentions whose
                         formulation does not require access to SUNSI
                         and/or SGI (+25 Answers to petition for
                         intervention; +7 requestor/petitioner reply).
20....................  Nuclear Regulatory Commission (NRC) staff
                         informs the requestor of the staff's
                         determination whether the request for access
                         provides a reasonable basis to believe standing
                         can be established and shows (1) need for SUNSI
                         or (2) need to know for SGI. (For SUNSI, NRC
                         staff also informs any party to the proceeding
                         whose interest independent of the proceeding
                         would be harmed by the release of the
                         information.) If NRC staff makes the finding of
                         need for SUNSI and likelihood of standing, NRC
                         staff begins document processing (preparation
                         of redactions or review of redacted documents).
                         If NRC staff makes the finding of need to know
                         for SGI and likelihood of standing, NRC staff
                         begins background check (including
                         fingerprinting for a criminal history records
                         check), information processing (preparation of
                         redactions or review of redacted documents),
                         and readiness inspections.
25....................  If NRC staff finds no ``need,'' no ``need to
                         know,'' or no likelihood of standing, the
                         deadline for requestor/petitioner to file a
                         motion seeking a ruling to reverse the NRC
                         staff's denial of access; NRC staff files copy
                         of access determination with the presiding
                         officer (or Chief Administrative Judge or other
                         designated officer, as appropriate). If NRC
                         staff finds ``need'' for SUNSI, the deadline
                         for any party to the proceeding whose interest
                         independent of the proceeding would be harmed
                         by the release of the information to file a
                         motion seeking a ruling to reverse the NRC
                         staff's grant of access.
30....................  Deadline for NRC staff reply to motions to
                         reverse NRC staff determination(s).
40....................  (Receipt +30) If NRC staff finds standing and
                         need for SUNSI, deadline for NRC staff to
                         complete information processing and file motion
                         for Protective Order and draft Non-Disclosure
                         Affidavit. Deadline for applicant/licensee to
                         file Non-Disclosure Agreement for SUNSI.
190...................  (Receipt +180) If NRC staff finds standing, need
                         to know for SGI, and trustworthiness and
                         reliability, deadline for NRC staff to file
                         motion for Protective Order and draft Non-
                         disclosure Affidavit (or to make a
                         determination that the proposed recipient of
                         SGI is not trustworthy or reliable). Note:
                         Before the Office of Administration makes an
                         adverse determination regarding access to SGI,
                         the proposed recipient must be provided an
                         opportunity to correct or explain information.
205...................  Deadline for petitioner to seek reversal of a
                         final adverse NRC staff trustworthiness or
                         reliability determination either before the
                         presiding officer or another designated officer
                         under 10 CFR 2.705(c)(3)(iv).
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 and/or SGI
                         consistent with decision issuing the protective
                         order.
A + 28................  Deadline for submission of contentions whose
                         development depends upon access to SUNSI and/or
                         SGI. 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 or SGI
                         contentions by that later deadline.
A + 53................  (Contention receipt +25) Answers to contentions
                         whose development depends upon access to SUNSI
                         and/or SGI.
A + 60................  (Answer receipt +7) Petitioner/Intervenor reply
                         to answers.
>A + 60...............  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2011-22958 Filed 9-7-11; 8:45 am]
BILLING CODE 7590-01-P