Notice of Acceptance of Application for Special Nuclear Materials License From Passport Systems, Inc., Opportunity To Request a Hearing, and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information for Contention Preparation, 63672-63676 [2011-26486]
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Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
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In the draft final rule sent to the
Commission, the NRC staff proposed
that the requirements of the new
regulation be met within 180 days. The
Commission directed a change from 180
days to approximately 1 year for
licensees to fully implement the new
requirements. This change was
incorporated into the final rule. From
this, it is clear that the Commission
wanted to provide a reasonable
timeframe for licensees to reach full
compliance.
As noted in the final rule, the
Commission also anticipated that
licensees would have to conduct sitespecific analyses to determine what
changes were necessary to implement
the rule’s requirements, and that
changes could be accomplished through
a variety of licensing mechanisms,
including exemptions. Since issuance of
the final rule, the Commission has
rejected a request to generically extend
the rule’s compliance date for all
operating nuclear power plants, but
noted that the Commission’s regulations
provide mechanisms for individual
licensees, with good cause, to apply for
relief from the compliance date as
documented in the letter from R. W.
Borchardt (NRC) to M. S. Fertel (Nuclear
Energy Institute) dated June 4, 2009.
The licensee’s request for an exemption
is, therefore, consistent with the
approach set forth by the Commission
and discussed in the NRC letter dated
June 4, 2009.
FCS Schedule Exemption Request
The licensee provided detailed
information in the enclosure/attachment
to its letters dated September 2 and 30,
2011, requesting an exemption. The
licensee is requesting additional time to
implement one specific requirement of
the new rule due to sustained abnormal
flooding conditions throughout the
spring and summer of 2011. The
flooding conditions required the
cessation of all work needed to
complete the planned enhancements to
FCS’s physical protection program and
necessitated diversion of all available
resources to perform essential
emergency operations and other
compensatory measures. The length of
the extension is due to flood damage
and the amount of engineering and
design, material procurement, and
construction and installation activities
involved, while allowing for inclement
weather. The licensee’s submittals
describe a comprehensive plan to
upgrade the security capabilities of the
FCS site and provide a timeline for
achieving full compliance with the new
regulation. The enclosure/attachment to
the licensee’s letters contain SUNSI
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(security-related) regarding the site
security plan, details of the specific
requirement of the regulation that the
site cannot be in compliance with by the
October 5, 2011 deadline, and a timeline
with critical path activities that will
bring the licensee into full compliance
by November 5, 2013. The timeline
provides milestone dates for
engineering, planning and procurement,
implementation, startup and testing,
engineering closeout, and project
closeout. Redacted versions of the
licensee’s letters dated September 2 and
30, 2011, including the enclosure/
attachment, are publicly available at
ADAMS Accession Nos. ML11250A059
and ML112760629, respectively.
Notwithstanding the schedular
exemptions for this limited requirement,
the licensee will continue to be in
compliance with all other applicable
physical security requirements as
described in 10 CFR 73.55 and reflected
in its current NRC-approved physical
security program. By November 5, 2013,
FCS will be in full compliance with all
the regulatory requirements of 10 CFR
73.55, as issued on March 27, 2009.
4.0 Conclusion for Part 73 Schedule
Exemption Request
The NRC staff has reviewed the
licensee’s submittals and concludes that
the licensee has provided adequate
justification for its request for an
extension of the compliance date with
regard to one specified requirement of
10 CFR 73.55 until November 5, 2013.
Accordingly, the Commission has
determined that pursuant to 10 CFR
73.5, ‘‘Specific exemptions,’’ exemption
from the October 5, 2011, compliance
date is authorized by law and will not
endanger life or property or the common
defense and security, and is otherwise
in the public interest. Therefore, the
Commission hereby grants the requested
exemption.
The NRC staff has determined that the
long-term benefits that will be realized
when the FCS security modifications are
complete justifies exceeding the full
compliance date with regard to the
specified requirements of 10 CFR 73.55.
Therefore, the NRC concludes that the
licensee’s actions are in the best interest
of protecting the public health and
safety through the security changes that
will result from granting this exemption.
As per the licensee’s request and the
NRC’s regulatory authority to grant an
exemption from the October 5, 2011,
deadline for the one item specified in
the enclosure/attachment to FCS’s
letters dated September 2 and 30, 2011,
the licensee is required to be in full
compliance with 10 CFR 73.55 by
November 5, 2013. In achieving
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compliance, the licensee is reminded
that it is responsible for determining the
appropriate licensing mechanism (i.e.,
10 CFR 50.54(p) or 10 CFR 50.90) for
incorporation of all necessary changes
to its security plans.
Pursuant to 10 CFR 51.32, ‘‘Finding of
no significant impact,’’ the Commission
has previously determined that the
granting of this exemption will not have
a significant effect on the quality of the
human environment (January 3, 2011;
76 FR 187).
This exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 5th day
of October 2011.
For the Nuclear Regulatory Commission.
Michele G. Evans,
Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–26466 Filed 10–12–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–7022; NRC–2011–0236]
Notice of Acceptance of Application
for Special Nuclear Materials License
From Passport Systems, Inc.,
Opportunity To Request a Hearing, and
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
Nuclear Regulatory
Commission.
ACTION: Notice of license application,
opportunity to request a hearing, and
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation.
AGENCY:
Requests for a hearing or Leave
to Intervene must be filed by December
12, 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)
information is necessary to respond to
this notice must request document
access by October 24, 2011.
ADDRESSES: You can access publicly
available documents related to this
document using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
DATES:
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Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/adams.
html. From this page, the public can
gain entry into ADAMS, which provides
text and image files of the NRC’s public
documents. If you do not have access to
ADAMS or if there are problems in
accessing the documents located in
ADAMS, contact the NRC’s PDR
reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr.resource@
nrc.gov.
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this final rule can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2011–
0236. Address questions about NRC
dockets to Carol Gallagher, telephone:
301–492–3668; e-mail: Carol.Gallagher@
nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Richard Thompson, 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,
EBB2–C40M, Rockville, Maryland
20852; telephone: 301–492–3220; email: Richard.Thompson@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
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The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
has accepted for detailed technical
review an application for a new license
for the possession and use of special
nuclear material (SNM), submitted by
Passport Systems, Inc. (Passport or the
Applicant). The license would authorize
performance testing of radiation
detection systems for locating SNM,
under a project sponsored by the
Domestic Nuclear Detection Office
(DNDO) of the U.S. Department of
Homeland Security (DHS). The
Applicant requested the new license for
a period of 10 years. This license
application, if approved, would
authorize Passport to possess and use
special nuclear materials under 10 CFR
Part 70, ‘‘Domestic Licensing of Special
Nuclear Material.’’
II. Discussion
In its application, dated November 5,
2010, Passport requested a license to
possess and use SNM to conduct tests
of new technology for use in detection
systems. The SNM would be used as test
objects for concept demonstrations and
characterization testing at the Passport
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facilities. Following an administrative
review, the NRC requested the
Applicant to revise its application to
include elements essential to
conducting a detailed technical review.
The Applicant submitted a revised
license application, dated February 8,
2011. By letter dated March 1, 2011, the
NRC staff found the revised license
application acceptable to begin a
detailed technical review. The
application has been docketed in Docket
No. 70–7022.
If the NRC approves the license
application, the basis for approval will
be documented in a Safety Evaluation
Report (SER) supporting the issuance of
a new NRC license. The SER would
contain the findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the NRC’s regulations, for
issuing an SNM license. The SER would
also include a determination of the need
to complete an environmental
assessment based on the proposed
action.
III. Opportunity To Request a Hearing;
Petitions for Leave To Intervene
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. You may also call the PDR at 1–
800–397–4209 or 301–415–4737. The
NRC regulations are also accessible
electronically from the NRC’s Web site
at https://www.nrc.gov.
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 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.
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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 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 crossexamination plan for cross-examination
of witnesses, consistent with NRC’s
regulations, policies, and procedures.
The Atomic Safety and Licensing Board
(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
October 13, 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).
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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
December 12, 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 by
December 12, 2011.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC’s
adjudicatory proceedings, including a
request for hearing, a petition for Leave
to Intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and 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 ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at hearing.
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docket@nrc.gov, or by telephone at 301–
415–1677, to request (1) a digital ID
certificate, which allows the participant
(or its counsel or representative) to
digitally sign documents and access the
E-Submittal server for any proceeding in
which it is participating; and (2) advise
the Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
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/applycertificates.html. System requirements
for accessing the E–Submittal server are
detailed in NRC’s, ‘‘Guidance for
Electronic Submission,’’ which is
available on the agency’s public Web
site at https://www.nrc.gov/site-help/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
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through EIE, users will be
required to install a Web browser plugin 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/esubmittals.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/esubmittals.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
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the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email 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 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 NRC’s
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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 (SUNSI) 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 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
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
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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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 to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the date the petitioner is
granted access to the information and
the deadline for filing all other
contentions (as established in the Notice
of Hearing or Opportunity for Hearing),
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
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:
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.
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.
PO 00000
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E:\FR\FM\13OCN1.SGM
13OCN1
63676
Federal Register / Vol. 76, No. 198 / Thursday, October 13, 2011 / Notices
Dated at Rockville, Maryland, this 6th day
of October, 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 IN THIS PROCEEDING
Day
Event/Activity
0 ..............................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
Nuclear Regulatory Commission (NRC) 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. (NRC staff also
informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of
the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a
ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the
deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release
of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing
and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25
days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions
by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ............................
60 ............................
20 ............................
25 ............................
30 ............................
40 ............................
A ..............................
A + 3 .......................
A + 28 .....................
A + 53 .....................
A + 60 .....................
>A + 60 ...................
[FR Doc. 2011–26486 Filed 10–12–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0289]
Final Division of Safety Systems
Interim Staff Guidance DSS–ISG–2010–
01: Staff Guidance Regarding the
Nuclear Criticality Safety Analysis for
Spent Fuel Pools
The U.S. Nuclear Regulatory
Commission (NRC) is issuing the final
Division of Safety Systems Interim Staff
Guidance, (DSS–ISG) DSS–ISG–2010–
01, ‘‘Staff Guidance Regarding the
Nuclear Criticality Safety Analysis for
Spent Fuel Pools.’’ This DSS–ISG
provides updated guidance to the NRC
staff reviewer to address the increased
complexity of recent spent fuel pool
sroberts on DSK5SPTVN1PROD with NOTICES
VerDate Mar<15>2010
16:50 Oct 12, 2011
Jkt 226001
You can access publicly
available documents related to this
document using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
ADDRESSES:
Nuclear Regulatory
Commission.
ACTION: Notice of availability.
AGENCY:
SUMMARY:
(SFP) license application analyses and
operations. The guidance is intended to
reiterate existing guidance, clarify
ambiguity in existing guidance, and
identify lessons learned based on recent
submittals.
FOR FURTHER INFORMATION CONTACT: Mr.
Kent Wood, Division of Safety Systems,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–4120; or e-mail:
Kent.Wood@nrc.gov.
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr.resource@nrc.gov.
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this final rule can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2010–
0289. Address questions about NRC
dockets to Carol Gallagher, telephone:
301–492–3668; e-mail:
Carol.Gallagher@nrc.gov.
The
agency posts its issued staff guidance in
the agency external Web page (https://
www.nrc.gov/reading-rm/doccollections/isg/).
The guidance in DSS–ISG–2010–01 is
to be used by NRC staff to review: (i)
SUPPLEMENTARY INFORMATION:
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 76, Number 198 (Thursday, October 13, 2011)]
[Notices]
[Pages 63672-63676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26486]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7022; NRC-2011-0236]
Notice of Acceptance of Application for Special Nuclear Materials
License From Passport Systems, 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 Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information for Contention Preparation.
-----------------------------------------------------------------------
DATES: Requests for a hearing or Leave to Intervene must be filed by
December 12, 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) information
is necessary to respond to this notice must request document access by
October 24, 2011.
ADDRESSES: You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852.
[[Page 63673]]
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the NRC's public documents. If
you do not have access to ADAMS or if there are problems in accessing
the documents located in ADAMS, contact the NRC's PDR reference staff
at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
Federal Rulemaking Web Site: Public comments and
supporting materials related to this final rule can be found at https://www.regulations.gov by searching on Docket ID NRC-2011-0236. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-492-
3668; e-mail: Carol.Gallagher@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Richard Thompson, 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, EBB2-C40M,
Rockville, Maryland 20852; telephone: 301-492-3220; e-mail:
Richard.Thompson@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has
accepted for detailed technical review an application for a new license
for the possession and use of special nuclear material (SNM), submitted
by Passport Systems, Inc. (Passport or the Applicant). The license
would authorize performance testing of radiation detection systems for
locating SNM, under a project sponsored by the Domestic Nuclear
Detection Office (DNDO) of the U.S. Department of Homeland Security
(DHS). The Applicant requested the new license for a period of 10
years. This license application, if approved, would authorize Passport
to possess and use special nuclear materials under 10 CFR Part 70,
``Domestic Licensing of Special Nuclear Material.''
II. Discussion
In its application, dated November 5, 2010, Passport requested a
license to possess and use SNM to conduct tests of new technology for
use in detection systems. The SNM would be used as test objects for
concept demonstrations and characterization testing at the Passport
facilities. Following an administrative review, the NRC requested the
Applicant to revise its application to include elements essential to
conducting a detailed technical review. The Applicant submitted a
revised license application, dated February 8, 2011. By letter dated
March 1, 2011, the NRC staff found the revised license application
acceptable to begin a detailed technical review. The application has
been docketed in Docket No. 70-7022.
If the NRC approves the license application, the basis for approval
will be documented in a Safety Evaluation Report (SER) supporting the
issuance of a new NRC license. The SER would contain the findings
required by the Atomic Energy Act of 1954, as amended (the Act), and
the NRC's regulations, for issuing an SNM license. The SER would also
include a determination of the need to complete an environmental
assessment based on the proposed action.
III. Opportunity To Request a Hearing; Petitions for Leave To Intervene
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. You may also call the PDR at 1-800-
397-4209 or 301-415-4737. The NRC regulations are also accessible
electronically from the NRC's Web site at https://www.nrc.gov.
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 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 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 Atomic
Safety and Licensing Board (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 October 13, 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).
[[Page 63674]]
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
December 12, 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 by December 12, 2011.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC's adjudicatory proceedings, including a
request for hearing, a petition for Leave to Intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and 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
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at 301-415-1677, to request (1)
a digital ID certificate, which allows the participant (or its counsel
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's, ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software;
and the NRC'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. In order to
serve documents through 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
[[Page 63675]]
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 (SUNSI) 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
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 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
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge, if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the Notice of Hearing or Opportunity for Hearing),
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:
[[Page 63676]]
Dated at Rockville, Maryland, this 6th day of October, 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
in This Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0................................. Publication of Federal Register
notice of hearing and opportunity
to petition for leave to intervene,
including order with instructions
for access requests.
10................................ Deadline for submitting requests for
access to Sensitive Unclassified
Non-Safeguards Information (SUNSI)
with information: supporting the
standing of a potential party
identified by name and address;
describing the need for the
information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding.
60................................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does
not require access to SUNSI (+25
Answers to petition for
intervention; +7 petitioner/
requestor reply).
20................................ Nuclear Regulatory Commission (NRC)
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. (NRC staff
also informs any party to the
proceeding whose interest
independent of the proceeding would
be harmed by the release of the
information.) If NRC staff makes
the finding of need for SUNSI and
likelihood of standing, NRC staff
begins document processing
(preparation of redactions or
review of redacted documents).
25................................ If NRC staff finds no ``need'' or no
likelihood of standing, the
deadline for petitioner/requester
to file a motion seeking a ruling
to reverse the NRC staff's denial
of access; NRC staff files copy of
access determination with the
presiding officer (or Chief
Administrative Judge or other
designated officer, as
appropriate). If NRC staff finds
``need'' for SUNSI, the deadline
for any party to the proceeding
whose interest independent of the
proceeding would be harmed by the
release of the information to file
a motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................ Deadline for NRC staff reply to
motions to reverse NRC staff
determination(s).
40................................ (Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete
information processing and file
motion for Protective Order and
draft Non-Disclosure Affidavit.
Deadline for applicant/licensee to
file Non-Disclosure Agreement for
SUNSI.
A................................. If access granted: Issuance of
presiding officer or other
designated officer decision on
motion for protective order for
access to sensitive information
(including schedule for providing
access and submission of
contentions) or decision reversing
a final adverse determination by
the NRC staff.
A + 3............................. Deadline for filing executed Non-
Disclosure Affidavits. Access
provided to SUNSI consistent with
decision issuing the protective
order.
A + 28............................ Deadline for submission of
contentions whose development
depends upon access to SUNSI.
However, if more than 25 days
remain between the petitioner's
receipt of (or access to) the
information and the deadline for
filing all other contentions (as
established in the notice of
hearing or opportunity for
hearing), the petitioner may file
its SUNSI contentions by that later
deadline.
A + 53............................ (Contention receipt +25) Answers to
contentions whose development
depends upon access to SUNSI.
A + 60............................ (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60........................... Decision on contention admission.
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[FR Doc. 2011-26486 Filed 10-12-11; 8:45 am]
BILLING CODE 7590-01-P
