License Renewal Application for Prairie Island Nuclear Generating Plant Independent Spent Fuel Storage Installation, 37937-37941 [2012-15427]
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
Regulatory Commission (NRC or the
Commission) consent, pursuant to Title
10 of the Code of Federal Regulations
(10 CFR) 50.80, to the indirect transfer
of control of the operating license for
MPS3 to the extent held by CVPS,
resulting from the acquisition of CVPS
´
by Gaz Metro.
The application states that on July 11,
´
2011, CVPS, Gaz Metro, and Danaus
Vermont Corp., an independent wholly
´
owned subsidiary of Gaz Metro formed
as a merger subsidiary, entered into an
Agreement and Plan of Merger. The
merger agreement provides that Danaus
Vermont Corp. will merge with and into
CVPS, with CVPS continuing as the
surviving corporation and an indirect
´
wholly owned subsidiary of Gaz Metro.
As a result of the transaction, CVPS will
become a direct subsidiary of Northern
New England Energy Corporation, a Gaz
´
Metro subsidiary and holding company
organized and existing under the laws of
the State of Vermont and formed to own
´
Gaz Metro’s energy-company
investments in the United States.
According to the application, CVPS is
a Vermont corporation and the largest
´
electric utility in Vermont. Gaz Metro is
a Canadian energy company. The
´
merger of Gaz Metro with CVPS will
result in the indirect transfer of control
of CVPS’ 1.7303% interest in the license
for MPS3. The principal owner and
operator of MPS3 is DNC, which owns
93.4707%. The remaining 4.7990% of
the license is owned by Massachusetts
Municipal Wholesale Electric Company.
This transfer does not affect
Massachusetts Municipal Wholesale
Electric Company’s ownership or DNC’s
ownership and operation of the facility.
No physical changes to the MPS3
facility or operational changes are being
proposed in the application.
Notice of the request for approval and
opportunity for a hearing was published
in the Federal Register on February 27,
2012 (77 FR 11596). No comments or
hearing requests were received.
Pursuant to 10 CFR 50.80, no license,
or any right thereunder, shall be
transferred, directly or indirectly,
through transfer of control of the
license, unless the Commission shall
give its consent in writing. Upon review
of the information in the application as
supplemented and other information
before the Commission, and relying
upon the representations and
agreements in the application, the NRC
staff has determined that the proposed
´
merger between CVPS and Gaz Metro, as
described in the application, will not
affect the qualifications of DNC as a
holder of the Renewed Facility
Operating License No. NPF–49, and that
the indirect transfer of the license, to the
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extent affected by the proposed
acquisition, is otherwise consistent with
applicable provisions of law,
regulations, and Orders issued by the
Commission, pursuant thereto, subject
to the conditions set forth herein. The
foregoing findings are supported by a
safety evaluation (SE) dated June 15,
2012.
III
Accordingly, pursuant to Sections
161b, 161i, 161o, and 184 of the Atomic
Energy Act of 1954, as amended (the
Act), 42 U.S.C. 2201(b), 2201(i), 2201(o),
and 2234; and 10 CFR 50.80, it is hereby
ordered that the application regarding
the indirect license transfers related to
the proposed corporate merger, as
described herein, is approved, subject to
the following conditions:
1. The Negation Action Plan provided
to the NRC for review on April 6, 2012
may not be modified in any respect
concerning decision-making authority
over ‘‘safety issues’’ as defined therein
without the prior written consent of the
Director, Office of Nuclear Reactor
Regulation.
2. At least half the members of CVPS’
Board of Directors shall be U.S. citizens.
3. The Chief Executive Officer (CEO),
Chief Nuclear Officer (CNO) and
Chairman of the Board of Directors of
CVPS shall be U.S. citizens. These
individuals shall have the responsibility
and exclusive authority to ensure and
shall ensure that the business and
activities of CVPS with respect to the
MPS3 license is at all times conducted
in a manner consistent with the public
health and safety and common defense
and security of the United States.
4. The CVPS Board of Directors will
establish a Special Nuclear Committee
(SNC) composed of U.S. citizens, a
majority of whom are not officers,
directors, or employees of CVPS, Gaz
´
´
Metro, or any Gaz Metro subsidiaries.
The SNC will report to the CVPS Board
of Directors on a quarterly basis for
informational purposes. The SNC will
make available to the NRC for review
these and any other reports regarding
foreign ownership and control of
nuclear operations.
5. Should the proposed corporate
merger not be completed within 1 year
from the date of this Order, this Order
shall become null and void, provided,
however, upon written application and
good cause shown, such date may be
extended by Order.
This Order is effective upon issuance.
For further details with respect to this
Order, see the initial application dated
September 9, 2011 (Agencywide
Documents Access and Management
System (ADAMS) Accession No.
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37937
ML11256A051), as supplemented by
letters dated November 4, 2011 (under
ADAMS Accession No. ML11311A148),
April 6, 2012 (under ADAMS Accession
No. ML12100A017), and May 4, 2012
(under ADAMS Accession No.
ML12128A433) and the SE dated June
15, 2012, which are available for public
inspection at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Room O1–F21, 11555
Rockville Pike (first floor), Rockville,
MD. Publicly available documents
created or received at the NRC are
accessible electronically through
ADAMS in the NRC Library at https://
www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to
ADAMS, or who encounter problems in
accessing the documents located in
ADAMS, should contact the NRC PDR
reference staff by telephone at 1–800–
397–4209 or 301–415–4737, or by email
to pdr.resource@nrc.gov.
Dated at Rockville, Maryland, this 15th day
of June 2012.
For the Nuclear Regulatory Commission.
Louise Lund,
Acting Director, Division of Operating Reactor
Licensing, Office of Nuclear Reactor
Regulation.
[FR Doc. 2012–15424 Filed 6–22–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–10; NRC–2012–0145]
License Renewal Application for
Prairie Island Nuclear Generating Plant
Independent Spent Fuel Storage
Installation
Nuclear Regulatory
Commission.
ACTION: License renewal application;
opportunity to request a hearing and
petition for leave to intervene, order.
AGENCY:
A request for hearing and/or
petition for leave to intervene must be
filed by August 24, 2012.
ADDRESSES: Please refer to Docket ID
NRC–2012–0145 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and are publicly available,
using the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0145. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
DATES:
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Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Pamela Longmire, Ph.D., Project
Manager, Licensing Branch, Division of
Spent Fuel Storage and Transportation,
Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–492–3562; email:
Pamela.Longmire@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
The Nuclear Regulatory Commission
(NRC or the Commission) is considering
an application dated October 20, 2011
(ADAMS Accession number
ML11304A068), as supplemented
February 29, 2012 (ADAMS Accession
number ML12065A073), by Prairie
Island Nuclear Generating Plant
(PINGP), for the renewal of its Special
Nuclear Material (SNM) License No.—
2506, under the provisions of Title 10 of
the Code of Federal Regulations (10
CFR) Part 72. The license authorizes the
receipt, possession, storage and transfer
of spent fuel, reactor-related Greater
than Class C (GTCC) waste and other
radioactive materials associated with
spent fuel storage at the PINGP sitespecific Independent Spent Fuel Storage
Installation (ISFSI). The PINGP site is
located within the city limits of Red
Wing, Minnesota, in Goodhue County. If
granted, the renewed license will
authorize PINGP to continue to store
spent fuel in a dry cask storage system
at its ISFSI. Pursuant to the provisions
of 10 CFR 72.42, the renewal term of the
license for the ISFSI would be forty (40)
years. On February 16, 2011 (76 FR
8872), revisions to 10 CFR 72.42 were
published changing the renewal term
under § 72.42 from 20 years to a period
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not to exceed 40 years. The changes
became effective May 17, 2011.
An NRC docketing acceptance review,
documented in a letter to PINGP dated
March 30, 2012 (ADAMS Accession
number ML12093A059), found that the
application contains sufficient
information for the NRC staff to begin its
technical review. The Commission will
approve the license renewal application
if it determines that the application
meets the standards and requirements of
the Atomic Energy Act of 1954, as
amended (the Act), and the
Commission’s regulations, including the
findings required by 10 CFR 72.40.
These findings will be documented in a
Safety Evaluation Report. The NRC will
complete an environmental evaluation,
in accordance with 10 CFR Part 51, to
determine if the preparation of an
environmental impact statement is
warranted or if an environmental
assessment and finding of no significant
impact are appropriate. This action will
be the subject of a subsequent notice in
the Federal Register.
II. Opportunity To Request a Hearing;
Petition for Leave To Intervene
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
make to support the granting of a license
renewal in response to the application.
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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 renewal that the
petitioner disputes and the supporting
reasons for each dispute, or, if the
petitioner believes that the application
for 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 August
24, 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). The petition
must be filed in accordance with the
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filing instructions in section III of this
document, and should meet the
requirements for petitions for leave to
intervene set forth in this section,
except that State 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 August 24, 2012.
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 EFiling process requires participants to
submit and serve all adjudicatory
documents over the Internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
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
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
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participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://www.
nrc.gov/site-help/e-submittals/applycertificates.html. System requirements
for accessing the E-Submittal server are
detailed in the NRC’s ‘‘Guidance for
Electronic Submission,’’ which is
available on the NRC’s public Web site
at https://www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC 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’s Web
site. Further information on the Webbased 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 the NRC
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/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 EFiling 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’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
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37939
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 NRC’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’s public Web site at https://www.
nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by
a toll-free call to 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 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
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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 June
25, 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).
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Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing 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 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
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
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The request must include the following
information:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); 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.
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
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.
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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 after a
determination on standing and need for
access, 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
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize 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.
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.
E:\FR\FM\25JNN1.SGM
25JNN1
Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
Dated at Rockville, Maryland, this 19th day
of June 2012.
37941
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/activity
0 ........................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation
does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs
any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing
(preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
A + 28 ...............
A + 53 ...............
A + 60 ...............
>A + 60 .............
[FR Doc. 2012–15427 Filed 6–22–12; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67215; File No. TP 11–07]
Order Granting a Limited Exemption
From Exchange Act Rule 10b–17 to
Certain Actively Managed ExchangeTraded Funds Pursuant to Exchange
Act Rule 10b–17(b)(2)
erowe on DSK2VPTVN1PROD with NOTICES
June 19, 2012.
By letter dated June 19, 2012
(‘‘letter’’), as supplemented by
conversations with the staff of the
Division of Trading and Markets
(‘‘Staff’’), counsel for PIMCO ETF Trust
(‘‘Trust’’) requested on behalf of the
Trust and PIMCO Global Advantage
Inflation-Linked Bond Strategy Fund
(‘‘Fund’’) that the Securities and
Exchange Commission (‘‘Commission’’)
issue an exemption from Rule 10b–17
under the Securities Exchange Act of
VerDate Mar<15>2010
14:55 Jun 22, 2012
Jkt 226001
1934, as amended (‘‘Exchange Act’’).
Specifically, the letter requests that the
Commission exempt issuers of actively
managed exchange-traded funds
(‘‘ETFs’’) such as the Trust from the
requirements of Exchange Act Rule 10b–
17(b)(1)(v)(a) and (b) subject to certain
conditions. The request is similar to a
number of requests from issuers of
actively managed ETFs for conditional
exemptive relief from Rule 10b–17 that
were granted pursuant to delegated
authority (‘‘prior requests’’).1
Rule 10b–17, with certain exceptions,
requires an issuer of a class of publicly
traded securities to give timely notice of
certain specified actions (for example, a
dividend distribution) relating to such
1 See, e.g., Letter from Josephine J. Tao, Assistant
Director to W. John McGuire, Esq., Morgan Lewis
& Bockius LLP regarding AdvisorShares Trust
(December 16, 2011); Letter from Josephine J. Tao,
Assistant Director to Jeremy Senderowicz, Dechert
LLP regarding PIMCO Total Return ExchangeTraded Fund (March 1, 2012) and Letter from
Josephine J. Tao, Assistant Director to Jack P.
Drogin, Schiff Hardin regarding WisdomTree
Emerging Markets Corporate Bond Fund (April 16,
2012).
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
class of securities in accordance with
Rule 10b–17(b). In particular, Rule 10b–
17(b)(1)(v)(a) requires that the issuer
provide notice, for a dividend or other
distribution including a stock or reverse
split or rights or other subscription
offering, of the amount in cash to be
paid or distributed per share.2 Rule
10b–17(b)(1)(v)(b) requires that the
issuer provide notice, also for a
dividend or other distribution including
a stock or reverse split or rights or other
subscription offering, of the amount (in
the same security) of the security
outstanding immediately prior to and
immediately following the dividend or
distribution and the rate of the dividend
or distribution.
2 If the exact per share cash distributions cannot
be given because of existing conversion rights
which may be exercised during the notice period
and which may affect the per share cash
distribution, Rule 10b–17(b)(1)(v)(a) permits the
issuer to provide a reasonable approximation of the
per share distribution so long as the actual per share
distribution is subsequently provided on the record
date.
E:\FR\FM\25JNN1.SGM
25JNN1
]]>Agencies
[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37937-37941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15427]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-10; NRC-2012-0145]
License Renewal Application for Prairie Island Nuclear Generating
Plant Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; opportunity to request a hearing
and petition for leave to intervene, order.
-----------------------------------------------------------------------
DATES: A request for hearing and/or petition for leave to intervene
must be filed by August 24, 2012.
ADDRESSES: Please refer to Docket ID NRC-2012-0145 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and are publicly available, using the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0145. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov.
[[Page 37938]]
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Pamela Longmire, Ph.D., Project
Manager, Licensing Branch, Division of Spent Fuel Storage and
Transportation, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
301-492-3562; email: Pamela.Longmire@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC or the Commission) is
considering an application dated October 20, 2011 (ADAMS Accession
number ML11304A068), as supplemented February 29, 2012 (ADAMS Accession
number ML12065A073), by Prairie Island Nuclear Generating Plant
(PINGP), for the renewal of its Special Nuclear Material (SNM) License
No.--2506, under the provisions of Title 10 of the Code of Federal
Regulations (10 CFR) Part 72. The license authorizes the receipt,
possession, storage and transfer of spent fuel, reactor-related Greater
than Class C (GTCC) waste and other radioactive materials associated
with spent fuel storage at the PINGP site-specific Independent Spent
Fuel Storage Installation (ISFSI). The PINGP site is located within the
city limits of Red Wing, Minnesota, in Goodhue County. If granted, the
renewed license will authorize PINGP to continue to store spent fuel in
a dry cask storage system at its ISFSI. Pursuant to the provisions of
10 CFR 72.42, the renewal term of the license for the ISFSI would be
forty (40) years. On February 16, 2011 (76 FR 8872), revisions to 10
CFR 72.42 were published changing the renewal term under Sec. 72.42
from 20 years to a period not to exceed 40 years. The changes became
effective May 17, 2011.
An NRC docketing acceptance review, documented in a letter to PINGP
dated March 30, 2012 (ADAMS Accession number ML12093A059), found that
the application contains sufficient information for the NRC staff to
begin its technical review. The Commission will approve the license
renewal application if it determines that the application meets the
standards and requirements of the Atomic Energy Act of 1954, as amended
(the Act), and the Commission's regulations, including the findings
required by 10 CFR 72.40. These findings will be documented in a Safety
Evaluation Report. The NRC will complete an environmental evaluation,
in accordance with 10 CFR Part 51, to determine if the preparation of
an environmental impact statement is warranted or if an environmental
assessment and finding of no significant impact are appropriate. This
action will be the subject of a subsequent notice in the Federal
Register.
II. Opportunity To Request a Hearing; Petition for Leave To Intervene
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 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
renewal that the petitioner disputes and the supporting reasons for
each dispute, or, if the petitioner believes that the application for
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
August 24, 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). The
petition must be filed in accordance with the
[[Page 37939]]
filing instructions in section III of this document, and should meet
the requirements for petitions for leave to intervene set forth in this
section, except that State and Federally-recognized Indian tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a 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 August 24, 2012.
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 email 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 NRC'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's
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's 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'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 NRC'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's public
Web site at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call to 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 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
[[Page 37940]]
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 June 25, 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 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 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\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); 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.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted access
to the information and the deadline for filing all other contentions
(as established in the notice of hearing or opportunity for hearing),
the petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, 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 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.
[[Page 37941]]
Dated at Rockville, Maryland, this 19th day of June 2012.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
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Day Event/activity
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0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
Supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... Nuclear Regulatory Commission (NRC) staff
informs the requester of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information.) If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requester to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2012-15427 Filed 6-22-12; 8:45 am]
BILLING CODE 7590-01-P
