University of Texas-Austin; Nuclear Engineering Teaching Laboratory TRIGA Research Reactor, 85646-85650 [2016-28507]
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Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–602; NRC–2016–0241]
University of Texas—Austin; Nuclear
Engineering Teaching Laboratory
TRIGA Research Reactor
Nuclear Regulatory
Commission.
ACTION: License renewal application;
notice of opportunity to request a
hearing and petition for leave to
intervene; order imposing procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering an
application for the renewal of Facility
Operating License No. R–129, which
authorizes the University of Texas at
Austin (the licensee) to operate the
Nuclear Engineering Teaching
Laboratory (NETL) Training, Research,
Isotope Production, General Atomics
(TRIGA) Research Reactor at a
maximum steady-state thermal power of
1.1 megawatts (MW). The NETL
research reactor is a TRIGA-fueled
research reactor located at the J.J. Pickle
Research Campus, in Austin, Texas. If
approved, the renewed license would
authorize the licensee to operate the
NETL TRIGA Research Reactor up to a
steady-state thermal power of 1.1 MW
for an additional 20 years from the date
of issuance of the renewed license.
Because the license renewal application
contains sensitive unclassified nonsafeguards information (SUNSI), an
order imposes procedures to obtain
access to SUNSI for contention
preparation.
SUMMARY:
A request for a hearing or
petition for leave to intervene must be
filed by January 27, 2017. Any potential
party as defined in § 2.4 of title 10 of the
Code of Federal Regulations (10 CFR),
who believes access to SUNSI is
necessary to respond to this notice must
request document access by December
8, 2016.
ADDRESSES: Please refer to Docket ID
NRC–2016–0241 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods.
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0241. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
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DATES:
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• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection 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. For the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the ‘‘Availability of Documents’’
section of this document.
• 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:
Michael Balazik, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2856; email: Michael.Balazik@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering an
application for the renewal of Facility
Operating License No. R–129, which
authorizes the licensee to operate the
NETL TRIGA Research Reactor at a
maximum steady-state thermal power of
1.1 MW. The renewed license would
authorize the licensee to operate the
NETL TRIGA Research Reactor up to a
steady-state thermal power of 1.1 MW
for an additional 20 years from the date
of issuance of the renewed license.
By letter dated December 11, 2011,
and as supplemented by various letters
referenced in Section IV, ‘‘Availability
of Documents,’’ of this notice, the NRC
received an application from the
licensee filed pursuant to 10 CFR
50.51(a) to renew Facility Operating
License No. R–129 for the NETL
research reactor. The application
contains SUNSI.
Based on its initial review of the
application, the NRC staff determined
that the licensee submitted sufficient
information in accordance with 10 CFR
50.33 and 50.34 and that the application
is acceptable for docketing. The current
docket, Docket No. 50–602, for Facility
Operating License No. R–129 will be
retained. The docketing of the renewal
application does not preclude requests
for additional information as the review
proceeds, nor does it predict whether
the Commission will grant or deny the
licensee’s application. Prior to a
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decision to renew the license, the
Commission will make findings
required by the Atomic Energy Act of
1954, as amended (the Act), and the
Commission’s rules and regulations.
II. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and a petition to intervene
(petition) with respect to the action.
Petitions shall be filed in accordance
with the Commission’s ‘‘Agency Rules
of Practice and Procedure’’ in 10 CFR
part 2. Interested persons should
consult a current copy of 10 CFR 2.309,
which is available at the NRC’s PDR,
located at One White Flint North, Room
O1–F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. The
NRC’s regulations are accessible
electronically from the NRC Library on
the NRC’s Web site at https://
www.nrc.gov/reading-rm/doccollections/cfr/. If a petition is filed
within 60 days, the Commission or a
presiding officer designated by the
Commission or by the Chief
Administrative Judge of the Atomic
Safety and Licensing Board Panel, will
rule on the petition; and the Secretary
or the Chief Administrative Judge of the
Atomic Safety and Licensing Board
Panel will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309(d), a
petition 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 should
specifically explain the reasons why
intervention should be permitted with
particular reference to the following
general requirements: (1) The name,
address, and telephone number of the
petitioner; (2) the nature of the
petitioner’s right under the Act to be
made a party to the proceeding; (3) the
nature and extent of the petitioner’s
property, financial, or other interest in
the proceeding; and (4) the possible
effect of any decision or order which
may be entered in the proceeding on the
petitioner’s interest.
The petition must also set forth the
specific contentions which the
petitioner seeks to have litigated in the
proceeding. Each contention must
consist of a specific statement of the
issue of law or fact to be raised or
controverted. In addition, the petitioner
must provide a brief explanation of the
bases for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
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and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to the specific
sources and documents on which the
petitioner intends to rely to establish
those facts or expert opinion to support
its position on the issue. The petition
must include sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. Contentions must be limited to
matters within the scope of the
proceeding. The contention must be one
which, if proven, would entitle the
petitioner to relief. A petitioner who
fails to satisfy the requirements of 10
CFR 2.309(f) with respect to at least one
contention will not be permitted to
participate as a party.
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 request permission to
cross-examine witnesses, consistent
with the NRC’s regulations, policies,
and procedures.
Petitions for leave to intervene must
be filed no later than 60 days from the
date of publication of this notice.
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 three factors in 10 CFR
2.309(c)(1)(i) through (iii).
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). 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 January 27, 2017. The
petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions set
forth in this section, except that under
10 CFR 2.309(h)(2) a State, local
governmental body, or Federallyrecognized Indian Tribe, or agency
thereof does not need to address the
standing requirements in 10 CFR
2.309(d) if the facility is located within
its boundaries. Alternatively, a State,
local governmental body, Federallyrecognized Indian Tribe, or agency
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thereof may participate as a non-party
under 10 CFR 2.315(c).
If a hearing is granted, any person
who does not wish, or is not qualified,
to become a party to the proceeding
may, in the discretion of the presiding
officer, be permitted 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 limits and
conditions as may be imposed by the
presiding officer. Details regarding the
opportunity to make a limited
appearance will be provided by the
presiding officer if such sessions are
scheduled.
III. 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
(hereinafter ‘‘petition’’), and documents
filed by interested governmental entities
participating under 10 CFR 2.315(c),
must be filed in accordance with the
NRC’s E-Filing rule (72 FR 49139;
August 28, 2007, as amended at 77 FR
46562; August 3, 2012). 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 ESubmittal server for any proceeding in
which it is participating; and (2) advise
the Secretary that the participant will be
submitting a petition (even in instances
in which the participant, or its counsel
or representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
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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/
getting-started.html. System
requirements for accessing the ESubmittal server are available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
adjudicatory-sub.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
Electronic Filing Help Desk will not be
able to offer assistance in using unlisted
software.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a petition. Submissions should
be in Portable Document Format (PDF).
Additional guidance on PDF
submissions is available on the NRC’s
public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.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
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 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 Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 7 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
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exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and 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, 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 firstclass 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. However, in some
instances, a petition will require
including information on local
residence in order to demonstrate a
proximity assertion of interest in the
proceeding. 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.
The Commission will issue a notice or
order granting or denying a hearing
request or intervention petition,
designating the issues for any hearing
that will be held and designating the
Presiding Officer. A notice granting a
hearing will be published in the Federal
Register and served on the parties to the
hearing.
IV. Availability of Documents
Documents related to this action,
including the license renewal
application and other supporting
documentation, are available to
interested persons as indicated.
ADAMS
Accession No.
Document
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NUREG–1537, Part 1, ‘‘Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Format and Content,’’ February 1996 .............................................................................................................................................
NUREG–1537, Part 2, ‘‘Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors,
Standard Review Plan and Acceptance Criteria,’’ February 1996 ............................................................................................
‘‘University of Texas at Austin—Request for Renewal of Facility Operating License R–129,’’ December 12, 2011 (redacted
version) .......................................................................................................................................................................................
‘‘University of Texas at Austin—Supplement to Application Containing Table of Contents, Chapter 4 and Chapter 9 of the
Safety Analysis Report (TAC No. ME7694),’’ January 17, 2012 (redacted version) ................................................................
‘‘The University of Texas TRIGA II Research Reactor Safety Analysis Report, Chapter 12,’’ January 17, 2012 .......................
‘‘University of Texas at Austin—Supplemental Information Relative to Proposed Safety Analysis Report, Appendix 15.4,’’
February 21, 2012 ......................................................................................................................................................................
‘‘University of Texas at Austin—Partial Response to Request for Additional Information regarding the License Renewal Request for the Nuclear Engineering Teaching laboratory TRIGA Mark II Nuclear Research Reactor (TAC No. ME7694),’’
September 17, 2012 ..................................................................................................................................................................
‘‘University of Texas at Austin—Request for Additional Information Regarding the License Renewal Request for the Nuclear
Engineering Teaching Laboratory TRIGA Mark II Nuclear Research Reactor,’’ December 19, 2012 .....................................
‘‘University of Texas, Austin, Response to Request for Additional Information to New Fuel Storage License Renewal,’’ March
22, 2013 .....................................................................................................................................................................................
‘‘Request for Renewal of Facility Operating License R–129,’’ August 21, 2013 ..........................................................................
‘‘University of Texas—Austin—Response to the Request for Additional Information Regarding License Renewal,’’ July 15,
2015 (redacted version) .............................................................................................................................................................
‘‘50–602, Request for Renewal of Facility Operating License R–129,’’ August 26, 2015 ............................................................
‘‘University of Texas, Austin, Request for an Extension for Completion of Remaining Requests for Additional Information to
December 18, 2015,’’ October 23, 2015 ...................................................................................................................................
‘‘University of Texas-Austin—Response to Request for Additional Information Regarding Renewal Request, July 31, 2015
Correspondence,’’ December 22, 2015 .....................................................................................................................................
‘‘University of Texas at Austin—Response to Request for Additional Information Regarding the License Renewal Request
for the Nuclear Engineering Teaching Laboratory TRIGA Mark II Nuclear Research Reactor (TAC No. ME7694),’’ February 5, 2016 ..............................................................................................................................................................................
‘‘University of Texas at Austin—Withdraw of Request for Additional Information Dated April 1, 2015, to Nuclear Engineering
Teaching Laboratory TRIGA Mark II Nuclear Research Reactor (TAC No. ME7694),’’ April 13, 2016 ...................................
‘‘University of Texas-Austin—Response to Request for Additional Information Regarding the License Renewal for Nuclear
Engineering Teaching Laboratory TRIGA Mark II Nuclear Research Reactor,’’ May 2, 2016 .................................................
Portions of the license renewal
application and its supporting
documents contain SUNSI. These
portions will not be available to the
public. Any person requesting access to
SUNSI must follow the procedures
described in the Order below.
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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
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proceeding may request access to
documents containing 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
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‘‘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:
(1) A description of the licensing
action with a citation to this Federal
Register notice;
(2) The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed by the action
identified in C.(1); and
(3) The identity of the individual or
entity requesting access to SUNSI and
the requester’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly-available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention.
D. Based on an evaluation of the
information submitted under paragraph
C.(3) the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2)
above, the NRC staff will notify the
requestor in writing that access to
SUNSI has been granted. The written
notification will contain instructions on
how the requestor may obtain copies of
the requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after the requestor is
granted access to that information.
However, if more than 25 days remain
between the dates 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. This
provision does not extend the time for
filing a request for a hearing and
petition to intervene, which must
comply with the requirements of 10 CFR
2.309.
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)
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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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) officer if that officer has
been designated to rule on information
access issues.
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 proposed
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
Attachment 1 to the Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 22nd
day of November, 2016.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
3 Requesters should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012) 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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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; and (ii) all contentions whose
formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor 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/requestor 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 ...................
in Items I, II, and III below, which Items
have been prepared by FINRA. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
[FR Doc. 2016–28507 Filed 11–25–16; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–76361; File No. SR–FINRA–
2016–043]
Self-Regulatory Organizations;
Financial Industry Regulatory
Authority, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Provide a Process for
an Expedited Proceeding and Adopt a
Rule To Prohibit Disruptive Quoting
and Trading Activity
mstockstill on DSK3G9T082PROD with NOTICES
November 21, 2016.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that, on
November 15, 2016, Financial Industry
Regulatory Authority, Inc. (‘‘FINRA’’)
filed with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
VerDate Sep<11>2014
21:15 Nov 25, 2016
Jkt 241001
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
FINRA is proposing to (i) adopt new
Supplementary Material to Rule 5210 to
address two specific types of disruptive
quoting and trading activity, as further
described below and (ii) amend the
FINRA Rule 9800 Series to permit
FINRA to initiate an expedited
proceeding to take prompt action for
violations of the new Supplementary
Material.
The text of the proposed rule change
is available on FINRA’s Web site at
https://www.finra.org, at the principal
office of FINRA and at the
Commission’s Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
FINRA included statements concerning
the purpose of and basis for the
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. FINRA has prepared
summaries, set forth in sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
FINRA is proposing two rule
changes 3 regarding disruptive trading
and quoting activity. The first proposed
rule change would adopt new
Supplementary Material .03 to Rule
5210 to define and prohibit specific
conduct that is deemed disruptive
trading and quoting activity. The second
proposed rule change would amend the
Rule 9800 Series to provide FINRA with
the authority to issue, on an expedited
basis, a permanent cease and desist
order against a respondent that engages
3 The Commission notes that this filing
constitutes a single ‘‘proposed rule change,’’ under
Section 19(b) of the Act.
E:\FR\FM\28NON1.SGM
28NON1
]]>Agencies
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85646-85650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28507]
[[Page 85646]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-602; NRC-2016-0241]
University of Texas--Austin; Nuclear Engineering Teaching
Laboratory TRIGA Research Reactor
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; notice of opportunity to request a
hearing and petition for leave to intervene; order imposing procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of Facility Operating License No. R-129,
which authorizes the University of Texas at Austin (the licensee) to
operate the Nuclear Engineering Teaching Laboratory (NETL) Training,
Research, Isotope Production, General Atomics (TRIGA) Research Reactor
at a maximum steady-state thermal power of 1.1 megawatts (MW). The NETL
research reactor is a TRIGA-fueled research reactor located at the J.J.
Pickle Research Campus, in Austin, Texas. If approved, the renewed
license would authorize the licensee to operate the NETL TRIGA Research
Reactor up to a steady-state thermal power of 1.1 MW for an additional
20 years from the date of issuance of the renewed license. Because the
license renewal application contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain
access to SUNSI for contention preparation.
DATES: A request for a hearing or petition for leave to intervene must
be filed by January 27, 2017. Any potential party as defined in Sec.
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who
believes access to SUNSI is necessary to respond to this notice must
request document access by December 8, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0241 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods.
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0241. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection 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. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document.
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: Michael Balazik, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2856; email: Michael.Balazik@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering an application for the renewal of Facility
Operating License No. R-129, which authorizes the licensee to operate
the NETL TRIGA Research Reactor at a maximum steady-state thermal power
of 1.1 MW. The renewed license would authorize the licensee to operate
the NETL TRIGA Research Reactor up to a steady-state thermal power of
1.1 MW for an additional 20 years from the date of issuance of the
renewed license.
By letter dated December 11, 2011, and as supplemented by various
letters referenced in Section IV, ``Availability of Documents,'' of
this notice, the NRC received an application from the licensee filed
pursuant to 10 CFR 50.51(a) to renew Facility Operating License No. R-
129 for the NETL research reactor. The application contains SUNSI.
Based on its initial review of the application, the NRC staff
determined that the licensee submitted sufficient information in
accordance with 10 CFR 50.33 and 50.34 and that the application is
acceptable for docketing. The current docket, Docket No. 50-602, for
Facility Operating License No. R-129 will be retained. The docketing of
the renewal application does not preclude requests for additional
information as the review proceeds, nor does it predict whether the
Commission will grant or deny the licensee's application. Prior to a
decision to renew the license, the Commission will make findings
required by the Atomic Energy Act of 1954, as amended (the Act), and
the Commission's rules and regulations.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and a petition to intervene (petition)
with respect to the action. Petitions shall be filed in accordance with
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR
part 2. Interested persons should consult a current copy of 10 CFR
2.309, which is available at the NRC's PDR, located at One White Flint
North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852. The NRC's regulations are accessible electronically
from the NRC Library on the NRC's Web site at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed within 60 days,
the Commission or a presiding officer designated by the Commission or
by the Chief Administrative Judge of the Atomic Safety and Licensing
Board Panel, will rule on the petition; and the Secretary or the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel
will issue a notice of a hearing or an appropriate order.
As required by 10 CFR 2.309(d), a petition 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 should specifically explain the reasons why intervention
should be permitted with particular reference to the following general
requirements: (1) The name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
petitioner's property, financial, or other interest in the proceeding;
and (4) the possible effect of any decision or order which may be
entered in the proceeding on the petitioner's interest.
The petition must also set forth the specific contentions which the
petitioner seeks to have litigated in the proceeding. Each contention
must consist of a specific statement of the issue of law or fact to be
raised or controverted. In addition, the petitioner must provide a
brief explanation of the bases for the contention and a concise
statement of the alleged facts or expert opinion which support the
contention
[[Page 85647]]
and on which the petitioner intends to rely in proving the contention
at the hearing. The petitioner must also provide references to the
specific sources and documents on which the petitioner intends to rely
to establish those facts or expert opinion to support its position on
the issue. The petition must include sufficient information to show
that a genuine dispute exists with the applicant on a material issue of
law or fact. Contentions must be limited to matters within the scope of
the proceeding. The contention must be one which, if proven, would
entitle the petitioner to relief. A petitioner who fails to satisfy the
requirements of 10 CFR 2.309(f) with respect to at least one contention
will not be permitted to participate as a party.
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 request
permission to cross-examine witnesses, consistent with the NRC's
regulations, policies, and procedures.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. 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 three factors in 10
CFR 2.309(c)(1)(i) through (iii).
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). 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
January 27, 2017. The petition must be filed in accordance with the
filing instructions in the ``Electronic Submissions (E-Filing)''
section of this document, and should meet the requirements for
petitions set forth in this section, except that under 10 CFR
2.309(h)(2) a State, local governmental body, or Federally-recognized
Indian Tribe, or agency thereof does not need to address the standing
requirements in 10 CFR 2.309(d) if the facility is located within its
boundaries. Alternatively, a State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted 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 limits and conditions as may be
imposed by the presiding officer. Details regarding the opportunity to
make a limited appearance will be provided by the presiding officer if
such sessions are scheduled.
III. 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 (hereinafter
``petition''), and documents filed by interested governmental entities
participating under 10 CFR 2.315(c), must be filed in accordance with
the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012). 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 petition (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/getting-started.html. System requirements for accessing
the E-Submittal server are available on the NRC's public Web site at
https://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be
able to offer assistance in using unlisted software.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a petition.
Submissions should be in Portable Document Format (PDF). Additional
guidance on PDF submissions is available on the NRC's public Web site
at https://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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 Electronic
Filing 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 at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 7 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
[[Page 85648]]
exemption request, in accordance with 10 CFR 2.302(g), with their
initial paper filing stating why there is good cause for not filing
electronically and 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,
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.
However, in some instances, a petition will require including
information on local residence in order to demonstrate a proximity
assertion of interest in the proceeding. 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.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
IV. Availability of Documents
Documents related to this action, including the license renewal
application and other supporting documentation, are available to
interested persons as indicated.
------------------------------------------------------------------------
ADAMS Accession
Document No.
------------------------------------------------------------------------
NUREG-1537, Part 1, ``Guidelines for Preparing and ML042430055
Reviewing Applications for the Licensing of Non-
Power Reactors, Format and Content,'' February 1996.
NUREG-1537, Part 2, ``Guidelines for Preparing and ML042430048
Reviewing Applications for the Licensing of Non-
Power Reactors, Standard Review Plan and Acceptance
Criteria,'' February 1996...........................
``University of Texas at Austin--Request for Renewal ML12156A097
of Facility Operating License R-129,'' December 12,
2011 (redacted version).............................
``University of Texas at Austin--Supplement to ML12156A196
Application Containing Table of Contents, Chapter 4
and Chapter 9 of the Safety Analysis Report (TAC No.
ME7694),'' January 17, 2012 (redacted version)......
``The University of Texas TRIGA II Research Reactor ML12030A102
Safety Analysis Report, Chapter 12,'' January 17,
2012................................................
``University of Texas at Austin--Supplemental ML12061A009
Information Relative to Proposed Safety Analysis
Report, Appendix 15.4,'' February 21, 2012..........
``University of Texas at Austin--Partial Response to ML12307A071
Request for Additional Information regarding the
License Renewal Request for the Nuclear Engineering
Teaching laboratory TRIGA Mark II Nuclear Research
Reactor (TAC No. ME7694),'' September 17, 2012......
``University of Texas at Austin--Request for ML13002A015
Additional Information Regarding the License Renewal
Request for the Nuclear Engineering Teaching
Laboratory TRIGA Mark II Nuclear Research Reactor,''
December 19, 2012...................................
``University of Texas, Austin, Response to Request ML13091A006
for Additional Information to New Fuel Storage
License Renewal,'' March 22, 2013...................
``Request for Renewal of Facility Operating License R- ML13246A014
129,'' August 21, 2013..............................
``University of Texas--Austin--Response to the ML15211A638
Request for Additional Information Regarding License
Renewal,'' July 15, 2015 (redacted version).........
``50-602, Request for Renewal of Facility Operating ML15251A234
License R-129,'' August 26, 2015....................
``University of Texas, Austin, Request for an ML15313A027
Extension for Completion of Remaining Requests for
Additional Information to December 18, 2015,''
October 23, 2015....................................
``University of Texas-Austin--Response to Request for ML16015A052
Additional Information Regarding Renewal Request,
July 31, 2015 Correspondence,'' December 22, 2015...
``University of Texas at Austin--Response to Request ML16053A094
for Additional Information Regarding the License
Renewal Request for the Nuclear Engineering Teaching
Laboratory TRIGA Mark II Nuclear Research Reactor
(TAC No. ME7694),'' February 5, 2016................
``University of Texas at Austin--Withdraw of Request ML16103A110
for Additional Information Dated April 1, 2015, to
Nuclear Engineering Teaching Laboratory TRIGA Mark
II Nuclear Research Reactor (TAC No. ME7694),''
April 13, 2016......................................
``University of Texas-Austin--Response to Request for ML16132A239
Additional Information Regarding the License Renewal
for Nuclear Engineering Teaching Laboratory TRIGA
Mark II Nuclear Research Reactor,'' May 2, 2016.....
------------------------------------------------------------------------
Portions of the license renewal application and its supporting
documents contain SUNSI. These portions will not be available to the
public. Any person requesting access to SUNSI must follow the
procedures described in the Order below.
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 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
[[Page 85649]]
``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:
---------------------------------------------------------------------------
\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 requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\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 dates 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.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
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) officer if that officer has been
designated to rule on information access issues.
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\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012) 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 proposed contentions
meeting the specificity and basis requirements in 10 CFR part 2.
Attachment 1 to the Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 22nd day of November, 2016.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[[Page 85650]]
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0................................. Publication of Federal Register
notice of hearing and opportunity
to petition for leave to intervene,
including order with instructions
for access requests.
10................................ Deadline for submitting requests for
access to Sensitive Unclassified
Non[dash]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................................ U.S. Nuclear Regulatory Commission
(NRC) staff informs the requestor
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/requestor
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. 2016-28507 Filed 11-25-16; 8:45 am]
BILLING CODE 7590-01-P
