Dow Chemical Company; Dow Chemical TRIGA Research Reactor; Facility Operating License No. R-108, 7613-7618 [2012-3246]
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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices
effects, however radiation doses from
continued operations associated with
the license renewal are expected to
continue at current levels, and would be
well below regulatory limits.
Based on this information and the
analysis of human health and
environmental impacts presented in this
environmental assessment, the NRC
staff concludes that the proposed action
would not have disproportionately high
and adverse human health and
environmental effects on minority and
low-income populations residing in the
vicinity of the UCINRF.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to license renewal,
the NRC considered denying of the
proposed action. If the NRC denied the
request for license renewal, reactor
operations would cease and
decommissioning would be required.
The NRC staff notes that, even with a
renewed license, the UCINRF will
eventually require decommissioning, at
which time the environmental effects of
decommissioning will occur.
Decommissioning will be conducted in
accordance with an NRC-approved
decommissioning plan which would
require a separate environmental review
under 10 CFR 51.21. Cessation of
facility operations would reduce or
eliminate radioactive effluents and
emissions. However, as previously
discussed in this environmental
assessment, radioactive effluents and
emissions from reactor operations
constitute only a small fraction of the
applicable regulatory limits. Therefore,
the environmental impacts of license
renewal and the denial of the request for
license renewal would be similar. In
addition, denying the request for license
renewal would eliminate the benefits of
teaching, research, and services
provided by the UCINRF.
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Alternative Use of Resources
The proposed action does not involve
the use of any different resources or
significant quantities of resources
beyond those previously considered in
the issuance of the original Facility
License R–116 to the Regents of the
University of California for the UCINRF
on November 24, 1969.
Agencies and Persons Consulted
The NRC staff provided a draft of this
Environmental Assessment to the
California Energy Commission for
review on April 7, 2010. By telephone
call on May 13, 2010, the California
Energy Commission acknowledged
receiving this draft Environmental
Assessment and had no comments.
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The NRC staff also provided
information about the proposed activity
to the State Office of Historical
Preservation for review on April 7,
2010. By letter dated April 27, 2010, the
Office of Historical Preservation agreed
with the NRC regarding the conclusions
of the historical assessment, and
otherwise had no comments.
Finding of No Significant Impact
On the basis of the environmental
assessment, the NRC concludes that the
proposed action will not have a
significant effect on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
III. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Documents Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are: October 18, 1999,
ADAMS Accession No. ML083110112,
as supplemented by letters dated
October 23 and October 31, 1999
(ADAMS Accession Nos. ML083110488
and ML100332002, respectively), April
24, 2000 (ADAMS Accession No.
ML003708602), January 27, May 17, July
14, and October 20, 2010 (ADAMS
Accession Nos. ML100290365,
ML101400027, ML101970039, and
ML102980015, respectively), June 7,
June 24, August 1, October 3, October 5,
and December 2, 2011 (ADAMS
Accession Nos. ML111950380,
ML11188A083, ML11255A073,
ML120110012, ML11290A041,
ML113530010, and ML11348A104,
respectively). Also see the license’s
annual reports 1999–2000, (ADAMS
Accession No. ML003747460), 2000–
2001 (ADAMS Accession No.
ML012190047), 2001–2002 (ADAMS
Accession No. ML022550427), 2002–
2003 (ADAMS Accession No.
ML032180735), 2003–2004 (ADAMS
Accession No. ML042330395), 2004–
2005 (ADAMS Accession No.
ML052550050), 2005–2006 (ADAMS
Accession No. ML062410426), 2006–
2007 (ADAMS Accession No.
ML072130493), 2007–2008 (ADAMS
Accession No. ML082550403), 2008–
2009 (ADAMS Accession No.
ML092330118). If you do not have
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access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
Public Document Room (PDR) Reference
staff at 1–800–397–4209, 301–415–4737
or by email to pdr.resource@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s Public Document
Room (PDR), O 1 F21, One White Flint
North, 11555 Rockville Pike Rockville,
MD 20852. The PDR reproduction
contractor will copy documents for a
fee.
Dated at Rockville, Maryland, this 2nd day
of February, 2012.
For The Nuclear Regulatory Commission.
Jessie F. Quichocho,
Branch Chief, Research and Test Reactors
Licensing Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor
Regulation.
[FR Doc. 2012–3298 Filed 2–10–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–264; NRC–2012–0026]
Dow Chemical Company; Dow
Chemical TRIGA Research Reactor;
Facility Operating License No. R–108
Nuclear Regulatory
Commission.
ACTION: License renewal application;
opportunity to provide comments,
request a hearing and to petition for
leave to intervene, order.
AGENCY:
Submit comments by March 14,
2012. Requests for a hearing or leave to
intervene must be filed by April 13,
2012. Any potential party as defined in
Title 10 of the Code of Federal
Regulations (10 CFR), Section 2.4, who
believes access to Sensitive Unclassified
Non-Safeguards Information (SUNSI) is
necessary to respond to this notice must
request document access by February
23, 2012.
ADDRESSES: Please include Docket ID
NRC–2012–0026 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–2012–0026. Address questions
about NRC dockets to Carol Gallagher,
DATES:
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telephone: 301–492–3668; email:
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.
FOR FURTHER INFORMATION CONTACT:
Geoffrey Wertz, Project Manager,
Research and Test Reactors Licensing
Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Rockville, MD 20852;
telephone: 301–415–0893; email:
Geoffrey.Wertz@nrc.gov.
SUPPLEMENTARY INFORMATION:
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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, 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,
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301–415–4737, or by email to
pdr.resource@nrc.gov. The initial
application and other related documents
may be accessed in ADAMS under
ADAMS Accession Nos.: ML091060739,
ML092150443, ML102720859,
ML110130501, ML110490391,
ML113460120, ML112150327,
ML11249A043, ML112930035,
ML113410168, and ML113460038.
• 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–2012–
0026.
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
is considering an application for the
renewal of Facility Operating License
No. R–108 (‘‘Application’’), which
currently authorizes the Dow Chemical
Company (the licensee) to operate the
Dow Chemical TRIGA Research Reactor
(DTRR) at a maximum steady-state
thermal power of 300 kilowatts (kW)
thermal. The renewed license would
authorize the applicant to operate the
DTRR up to a steady-state thermal
power of 300 kW for an additional 20
years from the date of issuance.
On April 1, 2009, as supplemented by
letters dated August 11, September 24,
2010, January 12, February 11, April 11,
August 12, August 31, October 12,
November 10, and December 6, 2011,
the NRC received an application from
the licensee filed pursuant to 10 CFR
50.51(a) to renew Facility Operating
License No. R–108 for the DTRR.
The application contains SUNSI.
Based on its initial review of the
application, the NRC staff determined
that DTRR submitted sufficient
information in accordance with 10 CFR
50.33 and 10 CFR 50.34 so that the
application is acceptable for docketing.
The current Docket No. 50–264 for
Facility Operating License No. R–108
will be retained. The docketing of the
renewal application does not preclude
requests for additional information as
the review proceeds, nor does it predict
whether the Commission will grant or
deny the application. Prior to a decision
to renew the license, the Commission
will make findings required by the
Atomic Energy Act of 1954, as amended
(the Act), and the Commission’s rules
and regulations.
Detailed guidance which the NRC
uses to review applications for the
renewal of non-power reactor licenses
can be found in NUREG–1537,
‘‘Guidelines for Preparing and
Reviewing Applications for the
Licensing of Non-Power Reactors,’’ and
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‘‘Interim Staff Guidance (ISG) on the
Streamlined Review Process for License
Renewal for Research Reactors.’’ The
detailed review guidance (NUREG–1537
and the ISG) may be accessed online in
the NRC Library at https://www.nrc.gov/
reading-rm/adams.html under ADAMS
Accession No. ML042430055 for part
one of NUREG–1537, ADAMS
Accession No. ML042430048 for part
two of NUREG–1537, and ADAMS
Accession No. ML092240244 for the
ISG.
II. Opportunity To Request a Hearing
and 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 part 2, § 2.309,
which is available at the NRC’s Public
Document Room (PDR), located at O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852 (or
call the PDR at 1–800–397–4209 or 301–
415–4737. NRC regulations are also
accessible electronically from the NRC’s
Electronic Reading Room on 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
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 the NRC must
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make to support the granting of a license
renewal 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 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
application for license renewal that the
petitioner disputes and the supporting
reasons for each dispute, or, if the
petitioner believes that the application
for license renewal 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
regulations, policies, and procedures.
The Atomic Safety and 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
Atomic Safety and 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 April
13, 2012. 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, local
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governmental bodies, and Federallyrecognized 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 Atomic Safety and
Licensing Board. Persons desiring to
make a limited appearance are
requested to inform the Secretary of the
Commission by April 13, 2012.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139, August 28, 2007). The 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 email 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 NRCissued digital ID certificate). Based upon
this information, the Secretary will
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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 ESubmittal 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
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/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
the submitter an email 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
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apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email at
MSHD.Resource@nrc.gov, or by a tollfree 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 officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd/, unless excluded
pursuant to an order of the Commission,
or the presiding officer. Participants are
requested not to include personal
privacy information, such as Social
Security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
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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
February 13, 2012. 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).
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 opportunity to request a 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 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 email address for
the Office of the Secretary and the
Office of the General Counsel are
Hearing.Docket@nrc.gov and
OGCmailcenter@nrc.gov, respectively.1
The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); and
(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),
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.
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.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices
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 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 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
granting or denying access) is governed
by 10 CFR 2.311.3
7617
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.
For the Commission.
Dated at Rockville, Maryland, this 7th day
of February, 2012.
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 .................
erowe on DSK2VPTVN1PROD with NOTICES
A + 53 .................
A + 60 .................
>A + 60 ..............
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
VerDate Mar<15>2010
14:46 Feb 10, 2012
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staff determinations (because they must be served
on a presiding officer or the Commission, as
PO 00000
Frm 00053
Fmt 4703
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applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
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7618
Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices
[FR Doc. 2012–3246 Filed 2–10–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards; Meeting of the ACRS
Subcommittee on Regulatory Policies
and Practices; Notice of Meeting
The ACRS Subcommittee on
Regulatory Policies and Practices will
hold a meeting on March 6, 2012, Room
T–2B1, 11545 Rockville Pike, Rockville,
Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
erowe on DSK2VPTVN1PROD with NOTICES
Tuesday, March 6, 2012—1 p.m. until 5
p.m.
The Subcommittee will discuss the
new Construction Reactor Oversight
Process (cROP) Pilot Program Plan
applicable to construction oversight of
new plans being constructed under the
10 CFR 50 process. The Subcommittee
will hear presentations by and hold
discussions with the NRC staff and
other interested persons regarding this
matter. The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), Mr. Girija
Shukla (Telephone 301–415–6855 or
Email: Girija.Shukla@nrc.gov) five days
prior to the meeting, if possible, so that
appropriate arrangements can be made.
Thirty-five hard copies of each
presentation or handout should be
provided to the DFO thirty minutes
before the meeting. In addition, one
electronic copy of each presentation
should be emailed to the DFO one day
before the meeting. If an electronic copy
cannot be provided within this
timeframe, presenters should provide
the DFO with a CD containing each
presentation at least thirty minutes
before the meeting. Electronic
recordings will be permitted only
during those portions of the meeting
that are open to the public. Detailed
procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
October 17, 2011, (76 FR 64126–64127).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
VerDate Mar<15>2010
14:46 Feb 10, 2012
Jkt 226001
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in a major
inconvenience.
If attending this meeting, please enter
through the One White Flint North
building, 11555 Rockville Pike,
Rockville, MD. After registering with
security, please contact Mr. Theron
Brown (240–888–9835) to be escorted to
the meeting room.
Dated: February 6, 2012.
Antonio Dias,
Technical Advisor, Advisory Committee on
Reactor Safeguards.
[FR Doc. 2012–3295 Filed 2–10–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards; Meeting of the ACRS
Subcommittee on Reliability and PRA;
Notice of Meeting
The ACRS Subcommittee on
Reliability and PRA will hold a meeting
on March 7, 2012, Room T–2B1, 11545
Rockville Pike, Rockville, Maryland.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
Wednesday, March 7, 2012—8:30 a.m.
until 5 p.m.
The staff will discuss the draft
Commission paper and the progress
made from the tabletop exercises in
response to the SRM on SECY 10–0121,
‘‘Modifying the Risk-Informed
Regulatory Guidance For New
Reactors.’’ The Subcommittee will hear
presentations by and hold discussions
with the NRC staff and other interested
persons regarding this matter. The
Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the Full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official (DFO), John Lai
(Telephone 301–415–5197 or Email:
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
John.Lai@nrc.gov) five days prior to the
meeting, if possible, so that appropriate
arrangements can be made. Thirty-five
hard copies of each presentation or
handout should be provided to the DFO
thirty minutes before the meeting. In
addition, one electronic copy of each
presentation should be emailed to the
DFO one day before the meeting. If an
electronic copy cannot be provided
within this timeframe, presenters
should provide the DFO with a CD
containing each presentation at least
thirty minutes before the meeting.
Electronic recordings will be permitted
only during those portions of the
meeting that are open to the public.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 17, 2011, (76 FR 64126–
64127).
Detailed meeting agendas and meeting
transcripts are available on the NRC
Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information
regarding topics to be discussed,
changes to the agenda, whether the
meeting has been canceled or
rescheduled, and the time allotted to
present oral statements can be obtained
from the Web site cited above or by
contacting the identified DFO.
Moreover, in view of the possibility that
the schedule for ACRS meetings may be
adjusted by the Chairman as necessary
to facilitate the conduct of the meeting,
persons planning to attend should check
with these references if such
rescheduling would result in a major
inconvenience.
If attending this meeting, please enter
through the One White Flint North
building, 11555 Rockville Pike,
Rockville, MD. After registering with
security, please contact Mr. Theron
Brown (240–888–9835) to be escorted to
the meeting room.
Dated: February 6, 2012.
Antonio Dias,
Technical Advisor, Advisory Committee on
Reactor Safeguards.
[FR Doc. 2012–3297 Filed 2–10–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards; Meeting of the ACRS
Subcommittee on Planning and
Procedures; Notice of Meeting
The ACRS Subcommittee on Planning
and Procedures will hold a meeting on
March 7, 2012, Room T–2B3, 11545
Rockville Pike, Rockville, Maryland.
E:\FR\FM\13FEN1.SGM
13FEN1
]]>Agencies
[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7613-7618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3246]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-264; NRC-2012-0026]
Dow Chemical Company; Dow Chemical TRIGA Research Reactor;
Facility Operating License No. R-108
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; opportunity to provide comments,
request a hearing and to petition for leave to intervene, order.
-----------------------------------------------------------------------
DATES: Submit comments by March 14, 2012. Requests for a hearing or
leave to intervene must be filed by April 13, 2012. Any potential party
as defined in Title 10 of the Code of Federal Regulations (10 CFR),
Section 2.4, who believes access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) is necessary to respond to this notice
must request document access by February 23, 2012.
ADDRESSES: Please include Docket ID NRC-2012-0026 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-
2012-0026. Address questions about NRC dockets to Carol Gallagher,
[[Page 7614]]
telephone: 301-492-3668; email: 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.
FOR FURTHER INFORMATION CONTACT: Geoffrey Wertz, Project Manager,
Research and Test Reactors Licensing Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor Regulation, U.S. Nuclear
Regulatory Commission, Rockville, MD 20852; telephone: 301-415-0893;
email: Geoffrey.Wertz@nrc.gov.
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, 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 email to pdr.resource@nrc.gov.
The initial application and other related documents may be accessed in
ADAMS under ADAMS Accession Nos.: ML091060739, ML092150443,
ML102720859, ML110130501, ML110490391, ML113460120, ML112150327,
ML11249A043, ML112930035, ML113410168, and ML113460038.
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-2012-0026.
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering an application for the renewal of Facility Operating
License No. R-108 (``Application''), which currently authorizes the Dow
Chemical Company (the licensee) to operate the Dow Chemical TRIGA
Research Reactor (DTRR) at a maximum steady-state thermal power of 300
kilowatts (kW) thermal. The renewed license would authorize the
applicant to operate the DTRR up to a steady-state thermal power of 300
kW for an additional 20 years from the date of issuance.
On April 1, 2009, as supplemented by letters dated August 11,
September 24, 2010, January 12, February 11, April 11, August 12,
August 31, October 12, November 10, and December 6, 2011, the NRC
received an application from the licensee filed pursuant to 10 CFR
50.51(a) to renew Facility Operating License No. R-108 for the DTRR.
The application contains SUNSI.
Based on its initial review of the application, the NRC staff
determined that DTRR submitted sufficient information in accordance
with 10 CFR 50.33 and 10 CFR 50.34 so that the application is
acceptable for docketing. The current Docket No. 50-264 for Facility
Operating License No. R-108 will be retained. The docketing of the
renewal application does not preclude requests for additional
information as the review proceeds, nor does it predict whether the
Commission will grant or deny the application. Prior to a decision to
renew the license, the Commission will make findings required by the
Atomic Energy Act of 1954, as amended (the Act), and the Commission's
rules and regulations.
Detailed guidance which the NRC uses to review applications for the
renewal of non-power reactor licenses can be found in NUREG-1537,
``Guidelines for Preparing and Reviewing Applications for the Licensing
of Non-Power Reactors,'' and ``Interim Staff Guidance (ISG) on the
Streamlined Review Process for License Renewal for Research Reactors.''
The detailed review guidance (NUREG-1537 and the ISG) may be accessed
online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html
under ADAMS Accession No. ML042430055 for part one of NUREG-1537, ADAMS
Accession No. ML042430048 for part two of NUREG-1537, and ADAMS
Accession No. ML092240244 for the ISG.
II. Opportunity To Request a Hearing and 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 part 2, Sec. 2.309, which is available
at the NRC's Public Document Room (PDR), located at O1 F21, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR
at 1-800-397-4209 or 301-415-4737. NRC regulations are also accessible
electronically from the NRC's Electronic Reading Room on 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 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 the NRC must
[[Page 7615]]
make to support the granting of a license renewal 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 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 application for license renewal that the
petitioner disputes and the supporting reasons for each dispute, or, if
the petitioner believes that the application for license renewal 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 regulations, policies, and procedures. The Atomic
Safety and 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 Atomic Safety and
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 April
13, 2012. 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, local governmental bodies, 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 Atomic Safety and Licensing Board.
Persons desiring to make a limited appearance are requested to inform
the Secretary of the Commission by April 13, 2012.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by email 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 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 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 email 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
[[Page 7616]]
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 email 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 officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as Social Security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from February 13, 2012. 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).
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 opportunity to request
a 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 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 email
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 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.
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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),
[[Page 7617]]
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 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 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 granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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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.
For the Commission.
Dated at Rockville, Maryland, this 7th day of February, 2012.
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
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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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[[Page 7618]]
[FR Doc. 2012-3246 Filed 2-10-12; 8:45 am]
BILLING CODE 7590-01-P
