Application and Amendment to Facility Operating Licenses Involving Proposed No Significant Hazards Considerations Containing Sensitive Unclassified Non-Safeguard Information, 40917-40921 [2012-16904]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 133 (Wednesday, July 11, 2012)]
[Notices]
[Pages 40917-40921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16904]



[[Page 40917]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-04530; NRC-2012-0157]


Application and Amendment to Facility Operating Licenses 
Involving Proposed No Significant Hazards Considerations Containing 
Sensitive Unclassified Non-Safeguard Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to provide comments, 
request a hearing and petition for leave to intervene, and order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
has received, by letter dated August 20, 2009, a license amendment 
application from the United States Department of Agriculture (USDA or 
the licensee), requesting approval of a Decommissioning Plan for its 
Low-Level Radioactive Burial Site located in Beltsville, Maryland. 
License No. 19-00915-03 authorizes the licensee to use radioactive 
byproduct material for research and development activities and for use 
in gauging and measurement devices. The licensee revised the original 
plan and re-submitted the amendment request. Specifically, the 
amendment provides a Decommissioning Plan for the excavation and 
disposal of low-level radioactive waste from its research and 
development activities that had been disposed in a previously permitted 
low-level waste burial area at the Beltsville site.

DATES: Comments must be filed by August 10, 2012. Requests for a 
hearing or leave to intervene must be filed by September 10, 2012. Any 
potential party as defined in Title 10 of the Code of Federal 
Regulations (10 CFR) 2.4, who believes access to Sensitive Unclassified 
Non-Safeguards Information (SUNSI) is necessary to respond to this 
notice must request document access by July 23, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publicly available, 
by searching on https://www.regulations.gov under Docket ID NRC-2012-
0157. You may submit comments by any of the following methods (unless 
this document describes a different method for submitting comments on a 
specific subject):
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0157. Address 
questions about NRC dockets to Carol Gallagher; 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 additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mark C. Roberts, Senior Health 
Physicist, Decommissioning Branch, Division of Nuclear Materials 
Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia, 
PA 19406; telephone: 1-610-337-5094; email: Mark.Roberts@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0157 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, by any of the following methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0157.
     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. The amendment request for the U.S. Department of 
Agriculture Revised Final Decommissioning Plan, Low-Level Radioactive 
Burial Site, Beltsville Area Research Center is available in ADAMS 
under Accession No. ML120600551. Supporting documents for this license 
amendment can be found in ADAMS under Accession Nos. ML120600526 and 
ML120600543. Additional documents related to the application can also 
be found in ADAMS under Docket No. 03004530.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2012-0157 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Introduction

    The NRC has received, by letter dated August 20, 2009, a license 
amendment application from the USDA, requesting approval of a 
Decommissioning Plan for its Low-Level Radioactive Burial Site located 
in Beltsville, Maryland. License No. 19-00915-03 authorizes the 
licensee to use radioactive byproduct material for research and 
development activities and for use in gauging and measurement devices. 
The licensee revised the original plan and re-submitted the amendment 
request. Specifically, the amendment (ADAMS Accession No. ML120600551) 
provides a Decommissioning Plan for the excavation and disposal of low 
level radioactive waste from its research and development activities 
that had been disposed in a previously permitted low level waste burial 
area at the Beltsville site.
    An NRC administrative review, documented in a letter to the USDA

[[Page 40918]]

dated November 18, 2009, found the application acceptable to begin a 
technical review. If the NRC approves the amendment, the approval will 
be documented in an amendment to NRC License No. 19-00915-03. However, 
before approving the proposed amendment, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended (the 
Act), and the NRC's regulations. These findings will be documented in a 
Safety Evaluation Report and an Environmental Assessment.

III. 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 2.309, which is available at the NRC's 
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852 (or call the PDR at 1-800-397-4209 or 301-
415-4737). The NRC's regulations are available online in the NRC 
Library at https://www.nrc.gov/reading-rm/doc-collections/#cfr.
    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 in accordance with the filing 
instructions in Section IV of this document. 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.
    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 (the Licensing Board) will set the time and 
place for any prehearing conferences and evidentiary hearings, and the 
appropriate notices will be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the Commission, the Licensing Board or a 
Presiding Officer that the petition should be granted and/or the 
contentions should be admitted based upon a balancing of the factors 
specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A 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 
amendment 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 amendment that the petitioner disputes and the supporting reasons 
for each dispute, or, if the petitioner believes that the application 
for amendment fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the petitioner's belief. Each contention must be one that, 
if proven, would entitle the petitioner to relief.
    A State, county, municipality, Federally recognized Indian tribe, 
or designated representative 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 September 10, 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 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 the proceeding 
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 the discretion of 
the Licensing Board, including such limits and conditions as may be 
imposed in exercise of that discretion upon the making of limited 
appearance statements. Persons desiring to make a limited appearance 
are requested to inform the Secretary of the Commission by September 
10, 2012.

IV. 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

[[Page 40919]]

hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at https://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC'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 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 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's 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 the 
NRC's electronic hearing docket which is available to the public at 
https://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as Social Security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from July 11, 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 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

[[Page 40920]]

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 requester has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requester satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requester in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requester 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 requester no later than 25 days after 
the requester 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 requester 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.

    Dated at Rockville, Maryland, this 5th day of July 2012.

    For the Nuclear Regulatory Commission.
Kenneth R. Hart,
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
------------------------------------------------------------------------
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/requester 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).

[[Page 40921]]

 
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.
------------------------------------------------------------------------

[FR Doc. 2012-16904 Filed 7-10-12; 8:45 am]
BILLING CODE 7590-01-P