Aerotest Operations, Inc., Consideration of Indirect Transfer and Conforming Amendment, 72889-72893 [2012-29523]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72889-72893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29523]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-228; NRC-2012-0286]


Aerotest Operations, Inc., Consideration of Indirect Transfer and 
Conforming Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for license transfer; opportunity to comment; 
opportunity to request a hearing and petition for leave to intervene; 
order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
the issuance of an Order under section 50.80 of Title 10 of the Code of 
Federal Regulations (10 CFR) approving the indirect transfer of 
Facility Operating License No. R-98 for the Aerotest Radiography and 
Research Reactor (ARRR) currently held by Aerotest Operations, Inc., 
(Aerotest or the licensee) as owner and licensed operator of ARRR. 
Aerotest is a wholly-owned subsidiary of OEA Aerospace, Inc., which, in 
turn, is a wholly-owned subsidiary of OEA Aerospace, Inc., which is a 
wholly-owned subsidiary of Autoliv ASP, Inc. (collectively ``seller''). 
The ultimate owner is Autoliv, Inc. The NRC is also considering 
amending the license and Technical Specifications for administrative 
purposes to reflect the proposed indirect transfer.

DATES: Comments must be filed by January 7, 2013. A request for a 
hearing must be filed by December 26, 2012. Any potential party as 
defined by 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 December 17, 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-
0286. 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-2012-0286. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; email 
Carol.Gallagher@nrc.gov.
     Mail comments to: 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: Spyros Traiforos, Project Manager, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-3965; or 
email at: Spyros.Traiforos@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0286 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-2012-0286.
     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 document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The application dated May 30, 2012, supplemented by letter 
dated July 19, 2012, and response to request for additional information 
dated October 15, 2012, contain confidential information and, 
accordingly, those portions are being withheld from public disclosure. 
A redacted version of the application and its supplement is available 
electronically under ADAMS Accession Nos. ML12180A384 and ML122021201, 
respectively. A redacted version of the response to the request for 
additional information is available under ADAMS Accession No. 
ML12291A508.
     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-2012-0286 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 Commission is considering the issuance of an Order under 10 CFR 
50.80 approving the indirect transfer of

[[Page 72890]]

Facility Operating License No. R-98 for the Aerotest Radiography and 
Research Reactor (ARRR) currently held by Aerotest Operations, Inc., 
(Aerotest or the licensee) as owner and licensed operator of ARRR. 
Aerotest is a wholly-owned subsidiary of OEA Aerospace, Inc., which, in 
turn, is a wholly-owned subsidiary of OEA Aerospace, Inc., which is a 
wholly-owned subsidiary of Autoliv ASP, Inc. (collectively ``seller''). 
The ultimate owner is Autoliv, Inc. The Commission is also considering 
amending the license and Technical Specifications for administrative 
purposes to reflect the proposed indirect transfer.
    According to an application for approval dated May 20, 2012, as 
supplemented by letters dated July 19, 2012, and October 15, 2012, 
(hereinafter ``the application''), Aerotest and Nuclear Labyrinth LLC, 
(``the applicants'') seek approval, under 10 CFR 50.80, of the indirect 
transfer of control of the licensee. The indirect transfer of control 
would result from acquisition of Aerotest Operations, Inc., by Nuclear 
Labyrinth LLC through a stock transfer. Nuclear Labyrinth LLC would 
indirectly own 100% of ARRR through its ownership of Aerotest. There 
will be no direct transfer of the license. Aerotest would continue to 
own and operate the facility and hold the license.
    No physical changes to the facilities or operational changes are 
being proposed in the application. The proposed conforming amendment 
would replace references to OEA Aerospace, Inc., in the license with 
``Aerotest Operations, Inc., which is owned by Nuclear Labyrinth LLC.''
    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. The Commission will approve an application for the indirect 
transfer of a license, if the Commission determines that the indirect 
transfer will not affect the qualifications of the licensee to hold the 
license and that the transfer is otherwise consistent with applicable 
provisions of law, regulations, and Orders issued by the Commission 
pursuant thereto.
    Before issuance of the proposed conforming license amendment, the 
Commission will have made findings required by the Atomic Energy Act of 
1954, as amended (The Act), and the Commission's regulations.
    The filing of requests for hearing and petitions for leave to 
intervene, and written comments with regard to the license transfer 
application, are discussed below. Access to the application and 
supplements is discussed in Section II, ``Availability of Documents.'' 
A portion of the May 30, 2012, application and its supplement dated 
July 19, 2012, and response to request for additional information dated 
October 15, 2012, contain SUNSI and are not available to the public.

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, located at O1-F21, One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852 (or call the PDR at 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/.
    Within 20 days from the date of publication of this notice, any 
person(s) whose interest may be affected by the Commission's action on 
the application and who wishes to participate as a party in the 
proceeding must file a written request for hearing and petition for 
leave to intervene via electronic submission through the NRC's E-Filing 
system. As required by the Commission's rules of practice at 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 the 
transfer of control of the license in response to the application. The 
petition must also include a concise statement of the alleged facts or 
expert opinions which support the position of the petitioner and on 
which the petitioner intends to rely at 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.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with the NRC regulations, policies, and procedures. The 
Licensing Board will set the time and place for any pre-hearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Requests for hearing, petitions for leave to intervene, and motions 
for leave to file new or amended contentions that are filed after the 
60-day deadline will not be entertained absent a determination by the 
presiding officer that the filing demonstrates good cause by satisfying 
the following three factors in 10 CFR 2.309(c)(1): (i) The information 
upon which the filing is based was not previously available; (ii) the 
information upon which the filing is based is materially different from 
information previously available; and (iii) the filing has been 
submitted in a timely fashion based on the availability of the 
subsequent information.
    A State, local governmental body, Federally-recognized Indian 
tribe, or agency thereof may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1) and (2). The petition 
should state the nature and extent of the petitioner's interest in the

[[Page 72891]]

proceeding. The petition should be submitted to the Commission by 
December 26, 2012. The petition must be filed in accordance with the 
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 under 2.309(h)(2) a State, local governmental 
body, or Federally-recognized Indian tribe does not need to address the 
standing requirements in 10 CFR 2.309(d) if the facility is located 
within its boundaries. A State, local governmental body, Federally-
recognized Indian tribe, or agency thereof may also have the 
opportunity to participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish to become a 
party to the proceeding may, in the discretion of the presiding 
officer, be permitted to make a limited appearance under 10 CFR 
2.315(a), by making an oral or written statement of his or her position 
on the issues at any session of the hearing or at any pre-hearing 
conference, within the limits and conditions fixed by the presiding 
officer. However, that person may not otherwise participate in the 
proceeding.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139; 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory documents over the Internet, or in some 
cases to mail copies on electronic storage media. Participants may not 
submit paper copies of their filings, unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 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 (1) request 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 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

[[Page 72892]]

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.
    Attorney for applicant: Pillsbury Winthrop Shaw Pittman LLP, 2300 N 
Street NW., Washington, DC 20037; telephone: 202-663-8063, email at: 
jay.silberg@pillsburylaw.com (counsel for Aerotest).

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 of this notice will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email 
address for the Office of the Secretary and the Office of the General 
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 
respectively.\1\ The request must include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
those documents. These conditions may include, but are not limited to, 
the signing of a Non-Disclosure Agreement or Affidavit, or Protective 
Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and the deadline for filing all other contentions 
(as established in the notice of hearing or opportunity for hearing), 
the petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
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 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.


[[Page 72893]]


    Dated at Rockville, Maryland, this 30th day of Nov., 2012.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment 1--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information in This Proceeding

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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; and (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.
------------------------------------------------------------------------


[FR Doc. 2012-29523 Filed 12-5-12; 8:45 am]
BILLING CODE 7590-01-P