Facility Operating License Amendment From Virginia Electric and Power Company, Surry Power Station, Units 1 and 2, 66090-66095 [2011-27547]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Notices]
[Pages 66090-66095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27547]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos.: 50-280 and 50-281; NRC-2011-0242]


Facility Operating License Amendment From Virginia Electric and 
Power Company, Surry Power Station, Units 1 and 2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment; request for comment and hearing, and Order.

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DATES: Submit comments by November 25, 2011. A request for a hearing 
must be filed by December 27, 2011. Any potential party as defined in 
Title 10 of the Code of Federal Regulations (10 CFR) 2.4 who believes 
access to Sensitive Unclassified Non-Safeguards Information (SUNSI) is 
necessary to respond to this notice must request document access by 
November 4, 2011.

ADDRESSES: Please include Docket ID NRC-2011-0242 in the subject line 
of your comments. For additional instructions on submitting comments 
and instructions on accessing documents related to this action, see 
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY 
INFORMATION section of this document. You may submit comments by any 
one of the following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0242. Address questions about NRC dockets to Carol Gallagher, 
telephone: 301-492-3668; e-mail: Carol.Gallagher@nrc.gov.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at 301-492-3446.

SUPPLEMENTARY INFORMATION:

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site, https://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    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, Room O1-F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which 
provides text and image files of the NRC's public documents. If you do 
not have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC's PDR reference staff at 1-
800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The 
application for amendment, dated July 28, 2011, is available 
electronically under ADAMS Accession No. ML11215A058. An attachment to 
the application, dated July 28, 2011, contains SUNSI and, accordingly, 
this portion is being withheld from public disclosure. A redacted 
version of the attachment to the application, dated July 28, 2011, is

[[Page 66091]]

available electronically under ADAMS Accession No. ML11215A059.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID NRC-2011-0242.

FOR FURTHER INFORMATION CONTACT: Karen Cotton, Project Manager, Plant 
Licensing Branch 2-I, Division of Operating Reactor Licensing, Office 
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-1438, e-mail: 
Karen.Cotton@nrc.gov.

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License Nos. 
DRP-32 and DRP-37 issued to Virginia Electric and Power Company (the 
licensee) for operation of the Surry Power Station, Units 1 and 2, 
located in Surry County, Virginia.
    The proposed amendment would permanently revise Technical 
Specification (TS) 6.4.Q, ``Steam Generator (SG) Program,'' to exclude 
portions of the SG tube below the top of the SG tubesheet from periodic 
inspections.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    (1) Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The previously analyzed accidents are initiated by the failure 
of plant structures, systems, or components. The proposed change 
that alters the steam generator inspection/repair criteria and the 
steam generator inspection reporting criteria does not have a 
detrimental impact on the integrity of any plant structure, system, 
or component that initiates an analyzed event. The proposed change 
will not alter the operation of, or otherwise increase the failure 
probability of any plant equipment that initiates an analyzed 
accident. Of the applicable accidents previously evaluated, the 
limiting transients with consideration to the proposed change to the 
steam generator tube inspection and repair criteria are the steam 
generator tube rupture (SGTR) event and the steam line break (SLB) 
postulated accidents.
    During the SGTR event, the required structural integrity margins 
of the steam generator tubes and the tube-to-tubesheet joint over 
the H* distance will be maintained. Tube rupture in tubes with 
cracks within the tubesheet is precluded by the constraint provided 
by the tube-to-tubesheet joint. This constraint results from the 
hydraulic expansion process, thermal expansion mismatch between the 
tube and tubesheet, and from the differential pressure between the 
primary and secondary side. Based on this design, the structural 
margins against burst, as discussed in Regulatory Guide (RG) 1.121, 
``Bases for Plugging Degraded PWR [Pressurized-Water Reactor] Steam 
Generator Tubes,'' are maintained for both normal and postulated 
accident conditions.
    The proposed change has no impact on the structural or leakage 
integrity of the portion of the tube outside of the tubesheet. The 
proposed change maintains structural integrity of the steam 
generator tubes and does not affect other systems, structures, 
components, or operational features. Therefore, the proposed change 
results in no significant increase in the probability of the 
occurrence of a SGTR accident.
    At normal operating pressures, leakage from primary water stress 
corrosion cracking below the proposed limited inspection depth is 
limited by both the tube-to-tubesheet crevice and the limited crack 
opening permitted by the tubesheet constraint. Consequently, 
negligible normal operating leakage is expected from cracks within 
the tubesheet region. The consequences of an SGTR event are affected 
by the primary to secondary leakage flow during the event. However, 
primary to secondary leakage flow through a postulated broken tube 
is not affected by the proposed changes since the tubesheet enhances 
the tube integrity in the region of the hydraulic expansion by 
precluding tube deformation beyond its initial hydraulically 
expanded outside diameter.
    Therefore, the proposed changes do not result in a significant 
increase in the consequences of a SGTR.
    The probability of a SLB is unaffected by the potential failure 
of a steam generator tube as the failure of the tube is not an 
initiator for a SLB event. The consequences of a steam line break 
(SLB) are also not significantly affected by the proposed changes. 
During a SLB accident, the reduction in pressure above the tubesheet 
on the shell side of the steam generator creates an axially 
uniformly distributed load on the tubesheet due to the reactor 
coolant system pressure on the underside of the tubesheet. The 
resulting bending action constrains the tubes in the tubesheet 
thereby restricting primary to secondary leakage. Primary to 
secondary leakage from tube degradation in the tubesheet area during 
the limiting accident (i.e., a SLB) is limited by flow restrictions. 
These restrictions result from the crack and tube-to-tubesheet 
contact pressures that provide a restricted leakage path above the 
indications and also limit the degree of potential crack face 
opening as compared to free span indications.
    As shown in Table 9-7 of WCAP-17092-P, for Surry for a 
postulated SLB, a leakage factor of 1.80 has been calculated. For 
the condition monitoring assessment, the component of leakage from 
the prior cycle from below the H* distance will be multiplied by a 
factor of 1.80 and added to the total leakage from any other source 
and compared to the allowable accident induced leakage limit. For 
the operational assessment, the difference in the leakage between 
the allowable leakage and the accident induced leakage from sources 
other than the tubesheet expansion region will be divided by 1.80 
and compared to the observed operational leakage. The accident 
induced primary to secondary leak rate limit is 470 gpd (0.33 gpm) 
per SG. The TS operational primary to secondary leak rate limit of 
150 gpd (0.1 gpm) times 1.80 provides significant margin between 
accident leakage and allowable operational leakage.
    Therefore, the proposed change does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    (2) Does the change create the possibility of a new or different 
kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change that alters the steam generator inspection/
repair criteria and the steam generator inspection reporting 
criteria does not introduce any new equipment, create new failure 
modes for existing equipment, or create any new limiting single 
failures. Plant operation will not be altered, and all safety 
functions will continue to perform as previously assumed in accident 
analyses.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    (3) Does the change involve a significant reduction in a margin 
of safety?
    Response: No.
    The proposed change that alters the steam generator inspection/
repair criteria and the steam generator inspection reporting 
criteria maintains the required structural margins of the steam 
generator tubes for both normal and accident conditions. NEI 97-06, 
Revision 2, ``Steam Generator Program Guidelines,'' and RG 1.121 are 
used as the bases in the development of the limited tubesheet 
inspection depth methodology for determining that steam generator 
tube integrity considerations are maintained within acceptable 
limits. RG 1.121 describes a method acceptable to the NRC for 
meeting

[[Page 66092]]

GDC 14, ``Reactor Coolant Pressure Boundary,'' GDC 15, ``Reactor 
Coolant System Design,'' GDC 31, ``Fracture Prevention of Reactor 
Coolant Pressure Boundary,'' and GDC 32, ``Inspection of Reactor 
Coolant Pressure Boundary,'' by reducing the probability and 
consequences of a SGTR. RG 1.121 concludes that by determining the 
limiting safe conditions for tube wall degradation the probability 
and consequences of a SGTR are reduced. This RG uses safety factors 
on loads for tube burst that are consistent with the requirements of 
Section III of the American Society of Mechanical Engineers (ASME) 
Code.
    For axially oriented cracking located within the tubesheet, tube 
burst is precluded due to the presence of the tubesheet. For 
circumferentially oriented cracking, the H* analysis, documented in 
Section 4.0 of the license amendment request, defines a length of 
degradation free expanded tubing that provides the necessary 
resistance to tube pullout due to the pressure induced forces, with 
applicable safety factors applied. Application of the limited hot 
and cold leg tubesheet inspection criteria will preclude 
unacceptable primary to secondary leakage during all plant 
conditions. The methodology for determining leakage provides for 
large margins between calculated and actual leakage values in the 
proposed limited tubesheet inspection depth criteria.
    Therefore, the proposed change does not involve a significant 
reduction in any margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied.
    Therefore, the NRC staff proposes to determine that the amendment 
request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received by November 25, 2011 will be 
considered in making any final determination. You may submit comments 
using any of the methods discussed in the ADDRESSES Section of this 
document.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example, in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

II. Opportunity to Request a Hearing; Petitions for Leave To Intervene

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to 
intervene, Requirements for standing, and Contentions.'' Interested 
persons should consult 10 CFR 2.309, which is available at the NRC's 
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852. You may also call the PDR at 1-800-397-4209 or 
301-415-4737. The NRC regulations are accessible electronically from 
the NRC Web site at https://www.nrc.gov.
    Any person whose interest may be affected by this proceeding and 
who wishes to participate as a party in the proceeding must file a 
written petition for leave to intervene. As required by 10 CFR 2.309, a 
petition for leave to intervene shall set forth with particularity the 
interest of the requestor/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 requestor 
or petitioner and specifically explain the reasons why the intervention 
should be permitted with particular reference to the following factors: 
(1) The nature of the requestor's/petitioner's right under the Act to 
be made a party to the proceeding; (2) the nature and extent of the 
requestor's/petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any decision or order which 
may be entered in the proceeding on the requestor's/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 requestor/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 requestor/petitioner must demonstrate 
that the issue raised by each contention is within the scope of the 
proceeding and is material to the findings the NRC must make to support 
the granting of a license amendment in response to the application. The 
petition must include a concise statement of the alleged facts or 
expert opinions which support the position of the requestor/petitioner 
and on which the requestor/petitioner intends to rely at the hearing, 
together with references to the specific sources and documents on which 
the requestor/petitioner intends to rely. Finally, the petition must 
provide sufficient information to show that a genuine dispute exists 
with the applicant on a material issue of law or fact, including 
references to specific portions of the application for amendment that 
the requestor/petitioner disputes and the supporting reasons for each 
dispute, or, if the requestor/petitioner believes that the application 
for amendment fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requestor's/petitioner's belief. Each contention must 
be one which, if proven, would entitle the requestor/petitioner to 
relief.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with the NRC regulations, policies, and procedures. The 
Atomic Safety and Licensing Board (the Licensing Board) will set the 
time and place for any prehearing conferences and evidentiary hearings, 
and the appropriate notices will be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the Commission, the Licensing Board or a 
Presiding Officer that the petition should be granted and/or the 
contentions should be admitted based upon a balancing of the factors 
specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A State, county, municipality, Federally-recognized Indian tribe, 
or agencies thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(d)(2). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
December 27, 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,

[[Page 66093]]

except that State and Federally-recognized Indian tribes do not need to 
address the standing requirements in 10 CFR 2.309(d)(1) if the facility 
is located within its boundaries. The entities listed above could also 
seek to participate in a hearing as a nonparty pursuant to 10 CFR 
2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Licensing Board. Persons desiring 
to make a limited appearance are requested to inform the Secretary of 
the Commission by December 27, 2011.
    If a hearing is requested, the Commission will make a final 
determination on the issue of no significant hazards consideration. The 
final determination will serve to decide when the hearing is held. If 
the final determination is that the amendment request involves no 
significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment. If the final determination is that the amendment 
request involves a significant hazards consideration, then any hearing 
held would take place before the issuance of any amendment.

III. Electronic Submissions (E-Filing)

    All documents filed in the 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 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 identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the 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 the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at https://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC 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 System, 
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 the 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's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. 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

[[Page 66094]]

officer, having granted an exemption request from using E-Filing, may 
require a participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from October 25, 2011. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    Attorney for licensee: Lillian M. Cuoco, Esq., Senior Counsel, 
Dominion Resource Services, Inc., 120 Tredegar Street; Richmond, VA 
23219.

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 
respectively.\1\ The request must include the following information:
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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 under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \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.
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    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 staff 
either after a determination on standing and need for access, or after 
a determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requestor may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    H. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether

[[Page 66095]]

granting or denying access) is governed by 10 CFR 2.311.\3\
---------------------------------------------------------------------------

    \3\ 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 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 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 19th day of October 2011.

    For the Nuclear Regulatory 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................................  The 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. (The 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 the NRC staff
                                     makes the finding of need for SUNSI
                                     and likelihood of standing, the NRC
                                     staff begins document processing
                                     (preparation of redactions or
                                     review of redacted documents).
25................................  If the 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; the NRC staff files copy
                                     of access determination with the
                                     presiding officer (or Chief
                                     Administrative Judge or other
                                     designated officer, as
                                     appropriate). If the 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 the NRC staff reply to
                                     motions to reverse NRC staff
                                     determination(s).
40................................  (Receipt +30) If the NRC staff finds
                                     standing and need for SUNSI,
                                     deadline for the NRC staff to
                                     complete information processing and
                                     file motion for Protective Order
                                     and draft Non-Disclosure Affidavit.
                                     Deadline for applicant/licensee to
                                     file Non-Disclosure Agreement for
                                     SUNSI.
A.................................  If access granted: Issuance of
                                     presiding officer or other
                                     designated officer decision on
                                     motion for protective order for
                                     access to sensitive information
                                     (including schedule for providing
                                     access and submission of
                                     contentions) or decision reversing
                                     a final adverse determination by
                                     the NRC staff.
A + 3.............................  Deadline for filing executed Non-
                                     Disclosure Affidavits. Access
                                     provided to SUNSI consistent with
                                     decision issuing the protective
                                     order.
A + 28............................  Deadline for submission of
                                     contentions whose development
                                     depends upon access to SUNSI.
                                     However, if more than 25 days
                                     remain between the petitioner's
                                     receipt of (or access to) the
                                     information and the deadline for
                                     filing all other contentions (as
                                     established in the notice of
                                     hearing or opportunity for
                                     hearing), the petitioner may file
                                     its SUNSI contentions by that later
                                     deadline.
A + 53............................  (Contention receipt +25) Answers to
                                     contentions whose development
                                     depends upon access to SUNSI.
A + 60............................  (Answer receipt +7) Petitioner/
                                     Intervenor reply to answers.
>A + 60...........................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2011-27547 Filed 10-24-11; 8:45 am]
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