Oklo, Inc.; Oklo Power LLC, 39214-39219 [2020-13993]

Download as PDF 39214 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices Sunshine Act Meetings FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: June 22, 2020 (85 FR 37473). PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: 10:00 a.m., Thursday, June 25, 2020. Matter to be removed from the agenda of an agency meeting: 5. NCUA Rules and Regulations, Risk-Based Net Worth. CHANGES IN THE MEETING: CONTACT PERSON FOR MORE INFORMATION: Gerard Poliquin, Secretary of the Board, Telephone: 703–518–6304. Gerard Poliquin, Secretary of the Board. [FR Doc. 2020–14102 Filed 6–26–20; 11:15 am] BILLING CODE 7535–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 52–049; NRC–2020–0088] Oklo, Inc.; Oklo Power LLC Nuclear Regulatory Commission. ACTION: Combined license application; notice of hearing and opportunity to petition for leave to intervene; order imposing procedures. AGENCY: On March 11, 2020, Oklo Power LLC, a subsidiary of Oklo, Inc., submitted an application to the U.S. Nuclear Regulatory Commission (NRC) for a combined license (COL) application for one micro-reactor, identified as the Aurora, to be located at the Idaho National Laboratory, Idaho. A notice of receipt and availability of this application was published in the Federal Register on March 30, 2020. Notice of the NRC’s docketing the application was published in the Federal Register on June 16, 2020. A hearing will be held, at a time and place to be set in the future by the NRC or designated by the Atomic Safety and Licensing Board (Board). The hearing will consider the application dated March 11, 2020. DATES: A request for a hearing or petition for leave to intervene must be filed by August 31, 2020. Any potential party, as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to sensitive unclassified non-safeguards information (SUNSI) and/or safeguards information (SGI) is necessary to respond to this notice must request document access by July 10, 2020. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:18 Jun 29, 2020 Please refer to Docket ID NRC–2020–0088 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0088. Address questions about NRC docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • 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 ‘‘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 application will also be available at https://www.nrc.gov/ reactors/new-reactors/advanced/ oklo.html. FOR FURTHER INFORMATION CONTACT: Jan Mazza, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–0498; email: Jan.Mazza@nrc.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: NATIONAL CREDIT UNION ADMINISTRATION Jkt 250001 June 16, 2020 (85 FR 36427). The docket number established for this application is 52–049. The hearing will be conducted by a Board that will be designated by the Chief Judge of the Atomic Safety and Licensing Board Panel or will be conducted by the Commission. Notice as to the membership of the Board would be published in the Federal Register at a later date. The NRC staff will complete a detailed technical review of the COL application and will document its findings in a safety evaluation report. The Commission will refer a copy of the application to the Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.23, ‘‘Referral to the ACRS,’’ and the ACRS will report on those portions of the application that concern safety. 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 petition for leave 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. The NRC’s regulations are accessible electronically from the NRC Library on the NRC’s website at https://www.nrc.gov/reading-rm/doccollections/cfr/. If a petition is filed, the Commission or a presiding officer will I. Introduction rule on the petition and, if appropriate, Pursuant to Section 189a.(2) of the a notice of a hearing will be issued. Atomic Energy Act of 1954, as amended As required by 10 CFR 2.309(d), the (the Act), and the regulations in 10 CFR petition should specifically explain the part 2, ‘‘Agency Rules of Practice and reasons why intervention should be Procedure,’’ 10 CFR part 50, ‘‘Domestic permitted with particular reference to Licensing of Production and Utilization the following general requirements for Facilities,’’ and 10 CFR part 52, standing: (1) The name, address, and ‘‘Licenses, Certifications, and Approvals telephone number of the petitioner; (2) for Nuclear Power Plants,’’ notice is the nature of the petitioner’s right under hereby given that a hearing will be held, the Act to be made a party to the at a time and place to be set in the future proceeding; (3) the nature and extent of by the NRC or designated by the Board. the petitioner’s property, financial, or The hearing will consider the COL other interest in the proceeding; and (4) application, dated March 11, 2020 the possible effect of any decision or (ADAMS Accession No. ML20075A000), order which may be entered in the for one micro-reactor at the Idaho proceeding on the petitioner’s interest. In accordance with 10 CFR 2.309(f), National Laboratory located in Idaho, the petition must also set forth the pursuant to Section 103 of the Act and specific contentions which the 10 CFR part 52. The reactor is to be petitioner seeks to have litigated in the identified as the Aurora. The notice of proceeding. Each contention must receipt and availability of this COL application was previously published in consist of a specific statement of the issue of law or fact to be raised or the Federal Register on April 3, 2020 controverted. In addition, the petitioner (85 FR 19032). The notice of the NRC’s must provide a brief explanation of the docketing of the COL application was bases for the contention and a concise published in the Federal Register on PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices statement of the alleged facts or expert opinion which support the contention 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 support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee 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 at 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. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party’s admitted contentions, including the opportunity to present evidence, consistent with the NRC’s regulations, policies, and procedures. Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the 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). The petition must be filed in accordance with the filing instructions in the ‘‘Electronic Submissions (E-Filing)’’ section of this document. 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 no later than 60 days from the date of publication of this notice. 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- VerDate Sep<11>2014 18:18 Jun 29, 2020 Jkt 250001 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 is not a party to the proceeding and is not affiliated with or represented by a party may, at 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 his or her 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 and petition for leave to intervene (petition), 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 that request to participate 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 EFiling process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC’s website at https://www.nrc.gov/ site-help/e-submittals.html. 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 submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 39215 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 website at https:// www.nrc.gov/site-help/e-submittals/ getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC’s public website at https://www.nrc.gov/ site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is 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 document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public website 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 6 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 stating why there is good cause for not filing electronically and requesting E:\FR\FM\30JNN1.SGM 30JNN1 khammond on DSKJM1Z7X2PROD with NOTICES 39216 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices 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 adjudicatory documents 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:// adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click ‘‘Cancel’’ when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. 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. Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information and Safeguards Information for Contention Preparation A. This Order contains instructions regarding how potential parties to this proceeding may request access to VerDate Sep<11>2014 18:18 Jun 29, 2020 Jkt 250001 documents containing sensitive unclassified information (including SUNSI and SGI). Requirements for access to SGI are primarily set forth in 10 CFR parts 2 and 73. Nothing in this Order is intended to conflict with the SGI regulations. 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 or SGI is necessary to respond to this notice may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requestor shall submit a letter requesting permission to access SUNSI, SGI, or both 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, U.S. Nuclear Regulatory Commission, 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 RidsOGCMailCenter.Resource@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); (3) If the request is for SUNSI, the identity of the individual or entity requesting access to SUNSI and the requestor’s basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested 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 and/or SGI under these procedures should be submitted as described in this paragraph. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 would not be sufficient to provide the basis and specificity for a proffered contention; and (4) If the request is for SGI, the identity of each individual who would have access to SGI if the request is granted, including the identity of any expert, consultant, or assistant who will aid the requestor in evaluating the SGI. In addition, the request must contain the following information: (a) A statement that explains each individual’s ‘‘need to know’’ the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent with the definition of ‘‘need to know’’ as stated in 10 CFR 73.2, the statement must explain: (i) Specifically why the requestor believes that the information is necessary to enable the requestor to proffer and/or adjudicate a specific contention in this proceeding; 2 and (ii) The technical competence (demonstrable knowledge, skill, training or education) of the requestor to effectively utilize the requested SGI to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria. (b) A completed Form SF–85, ‘‘Questionnaire for Non-Sensitive Positions,’’ for each individual who would have access to SGI. The completed Form SF–85 will be used by the Office of Administration to conduct the background check required for access to SGI, as required by 10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the requestor’s trustworthiness and reliability. For security reasons, Form SF–85 can only be submitted electronically through the electronic questionnaire for investigations processing website, a secure website that is owned and operated by the Defense Counterintelligence and Security Agency (DCSA). To obtain online access to the form, the requestor should contact the NRC’s Office of Administration at 301–415–3710.3 2 Broad SGI requests under these procedures are unlikely to meet the standard for need to know; furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement. These procedures do not authorize unrestricted disclosure or less scrutiny of a requestor’s need to know than ordinarily would be applied in connection with an already-admitted contention or non-adjudicatory access to SGI. 3 The requestor will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address. After providing this information, the requestor usually should be able to obtain access to the online form within one business day. E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES (c) A completed Form FD–258 (fingerprint card), signed in original ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form FD–258 will be provided in the background check request package supplied by the Office of Administration for each individual for whom a background check is being requested. The fingerprint card will be used to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for an Federal Bureau of Investigation identification and criminal history records check. (d) A check or money order payable in the amount of $340.00 4 to the U.S. Nuclear Regulatory Commission for each individual for whom the request for access has been submitted. (e) If the requestor or any individual(s) who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59, the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestor’s basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final determination whether the claimed exemption applies. Alternatively, the requestor may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request. Persons who are exempt from the background check are not required to complete the SF–85 or Form FD–258; however, all other requirements for access to SGI, including the need to know, are still applicable. Note: Copies of documents and materials required by paragraphs C.(4)(b), (c), and (d) of this Order must be sent to the following address: U.S. Nuclear Regulatory Commission, Office of Administration, ATTN: Personnel Security Branch, Mail Stop TWFN–07D04M, 11555 Rockville Pike, Rockville, MD 20852. These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required. D. To avoid delays in processing requests for access to SGI, the requestor should review all submitted materials for completeness and accuracy 4 This fee is subject to change pursuant to DCSA’s adjustable billing rates. VerDate Sep<11>2014 18:18 Jun 29, 2020 Jkt 250001 (including legibility) before submitting them to the NRC. The NRC will return incomplete packages to the sender without processing. E. Based on an evaluation of the information submitted under paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested. F. For requests for access to SUNSI, if the NRC staff determines that the requestor satisfies both E.(1) and E.(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 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.5 G. For requests for access to SGI, if the NRC staff determines that the requestor has satisfied both E.(1) and E.(2) above, the Office of Administration will then determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22(b). If the Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requestor in writing. The notification will provide the names of approved individuals as well as the conditions under which the SGI will be provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 6 by each individual who will be granted access to SGI. 5 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. 6 Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 39217 H. Release and Storage of SGI. Prior to providing SGI to the requestor, the NRC staff will conduct (as necessary) an inspection to confirm that the recipient’s information protection system is sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI protection requirements. I. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI or SGI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. 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 or SGI contentions by that later deadline. J. Review of Denials of Access. (1) If the request for access to SUNSI or SGI is denied by the NRC staff either after a determination on standing and requisite need, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipient(s) for access to SGI, the Office of Administration, in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed recipient(s) any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an opportunity to correct or explain the record. (3) The requestor may challenge the NRC staff’s adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI 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. (4) The requestor may challenge the Office of Administration’s final adverse E:\FR\FM\30JNN1.SGM 30JNN1 39218 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices determination with respect to trustworthiness and reliability for access to SGI by filing a request for review in accordance with 10 CFR 2.336(f)(1)(iv). (5) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. K. 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 within 5 days of the notification by the NRC staff of its grant of access and must be filed 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 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. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated: June 24, 2020. 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 and 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) and/or Safeguards Information (SGI) 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; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check. Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner 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 (1) need for SUNSI or (2) need to know for SGI. (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 makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner 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. (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 2.336(f)(1)(iv). If access granted: Issuance of a decision by a presiding officer or other designated officer 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 and/or SGI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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 opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 10 ................. 60 ................. 20 ................. 25 ................. 30 ................. 40 ................. 190 ............... 205 ............... A ................... A + 3 ............ A + 28 .......... khammond on DSKJM1Z7X2PROD with NOTICES 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. 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 2.311.7 L. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI or SGI, and motions for protective orders, in a timely fashion in A + 53 .......... A + 60 .......... A + 60 .......... 7 Requestors should note that the filing requirements of the NRC’s E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR VerDate Sep<11>2014 18:18 Jun 29, 2020 Jkt 250001 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 applicable), but not to the initial SUNSI/SGI request submitted to the NRC staff under these procedures. E:\FR\FM\30JNN1.SGM 30JNN1 Federal Register / Vol. 85, No. 126 / Tuesday, June 30, 2020 / Notices FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–13993 Filed 6–29–20; 8:45 am] Lynn Ronewicz, Office of Nuclear Reactor Regulation, telephone: 301– 415–1927, email: Lynn.Ronewicz@ nrc.gov, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2020–0127] Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards Considerations I. Obtaining Information and Submitting Comments Nuclear Regulatory Commission. ACTION: Biweekly notice. AGENCY: Pursuant to section 189.a.(2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is publishing this regular biweekly notice. The Act requires the Commission to publish notice of any amendments issued, or proposed to be issued, and grants the Commission the authority to issue and make immediately effective any amendment to an operating license or combined license, as applicable, upon a determination by the Commission that such amendment involves no significant hazards consideration (NSHC), notwithstanding the pendency before the Commission of a request for a hearing from any person. This biweekly notice includes all amendments issued, or proposed to be issued, from June 2, 2020, to June 15, 2020. The last biweekly notice was published on June 16, 2020. DATES: Comments must be filed by July 30, 2020. A request for a hearing or petitions for leave to intervene must be filed by August 31, 2020. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0127. Address questions about NRC Docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:18 Jun 29, 2020 Jkt 250001 A. Obtaining Information Please refer to Docket ID NRC–2020– 0127, facility name, unit number(s), docket number(s), application date, and subject when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0127. • 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 ‘‘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 (if it is available in ADAMS) is provided the first time that it is mentioned in this document. B. Submitting Comments Please include Docket ID NRC–2020– 0127, facility name, unit number(s), docket number(s), application date, and subject, in your comment submission. 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 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 39219 submissions available to the public or entering the comment into ADAMS. II. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses and Combined Licenses and Proposed No Significant Hazards Consideration Determination For the facility-specific amendment requests shown below, the Commission finds that the licensee’s analyses provided, consistent with title 10 of the Code of Federal Regulations (10 CFR) section 50.91 is sufficient to support the proposed determination that these amendment requests involve NSHC. Under the Commission’s regulations in 10 CFR 50.92, operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day period provided that its final determination is that the amendment involves NSHC. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example in derating or shutdown of the facility. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final NSHC determination, any hearing will take place after issuance. The Commission expects that the need to take action on an amendment before 60 days have elapsed will occur very infrequently. A. 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 petition for leave to E:\FR\FM\30JNN1.SGM 30JNN1

Agencies

[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Notices]
[Pages 39214-39219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13993]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-049; NRC-2020-0088]


Oklo, Inc.; Oklo Power LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Combined license application; notice of hearing and opportunity 
to petition for leave to intervene; order imposing procedures.

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SUMMARY: On March 11, 2020, Oklo Power LLC, a subsidiary of Oklo, Inc., 
submitted an application to the U.S. Nuclear Regulatory Commission 
(NRC) for a combined license (COL) application for one micro-reactor, 
identified as the Aurora, to be located at the Idaho National 
Laboratory, Idaho. A notice of receipt and availability of this 
application was published in the Federal Register on March 30, 2020. 
Notice of the NRC's docketing the application was published in the 
Federal Register on June 16, 2020. A hearing will be held, at a time 
and place to be set in the future by the NRC or designated by the 
Atomic Safety and Licensing Board (Board). The hearing will consider 
the application dated March 11, 2020.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by August 31, 2020. Any potential party, as defined in section 
2.4 of title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to sensitive unclassified non-safeguards information 
(SUNSI) and/or safeguards information (SGI) is necessary to respond to 
this notice must request document access by July 10, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0088 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0088. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individuals 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 ``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 [email protected]. The application will also be 
available at https://www.nrc.gov/reactors/new-reactors/advanced/oklo.html.

FOR FURTHER INFORMATION CONTACT: Jan Mazza, Office of Nuclear Reactor 
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-0498; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), and the regulations in 10 CFR part 2, ``Agency Rules 
of Practice and Procedure,'' 10 CFR part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' and 10 CFR part 52, 
``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' 
notice is hereby given that a hearing will be held, at a time and place 
to be set in the future by the NRC or designated by the Board. The 
hearing will consider the COL application, dated March 11, 2020 (ADAMS 
Accession No. ML20075A000), for one micro-reactor at the Idaho National 
Laboratory located in Idaho, pursuant to Section 103 of the Act and 10 
CFR part 52. The reactor is to be identified as the Aurora. The notice 
of receipt and availability of this COL application was previously 
published in the Federal Register on April 3, 2020 (85 FR 19032). The 
notice of the NRC's docketing of the COL application was published in 
the Federal Register on June 16, 2020 (85 FR 36427). The docket number 
established for this application is 52-049.
    The hearing will be conducted by a Board that will be designated by 
the Chief Judge of the Atomic Safety and Licensing Board Panel or will 
be conducted by the Commission. Notice as to the membership of the 
Board would be published in the Federal Register at a later date. The 
NRC staff will complete a detailed technical review of the COL 
application and will document its findings in a safety evaluation 
report. The Commission will refer a copy of the application to the 
Advisory Committee on Reactor Safeguards (ACRS) in accordance with 10 
CFR 52.23, ``Referral to the ACRS,'' and the ACRS will report on those 
portions of the application that concern safety.

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 petition for leave 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. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed, 
the Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d), the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (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.
    In accordance with 10 CFR 2.309(f), 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

[[Page 39215]]

statement of the alleged facts or expert opinion which support the 
contention 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 support its position on the issue. The petition must include 
sufficient information to show that a genuine dispute exists with the 
applicant or licensee 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 at 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    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 no later 
than 60 days from the date of publication of this notice. 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 is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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 and petition for leave to intervene (petition), 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 that request to 
participate 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC's website at 
https://www.nrc.gov/site-help/e-submittals.html. 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 [email protected], 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 submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 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 
stating why there is good cause for not filing electronically and 
requesting

[[Page 39216]]

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 adjudicatory documents 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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click ``Cancel'' when the 
link requests certificates and you will be automatically directed to 
the NRC's electronic hearing dockets where you will be able to access 
any publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and 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 information (including SUNSI and SGI). Requirements for 
access to SGI are primarily set forth in 10 CFR parts 2 and 73. Nothing 
in this Order is intended to conflict with the SGI regulations.
    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 or SGI is necessary to respond to this notice 
may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI, SGI, or both 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, U.S. Nuclear Regulatory Commission, 
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 
[email protected] and [email protected], 
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 and/or SGI 
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);
    (3) If the request is for SUNSI, the identity of the individual or 
entity requesting access to SUNSI and the requestor's basis for the 
need for the information in order to meaningfully participate in this 
adjudicatory proceeding. In particular, the request must explain why 
publicly available versions of the information requested would not be 
sufficient to provide the basis and specificity for a proffered 
contention; and
    (4) If the request is for SGI, the identity of each individual who 
would have access to SGI if the request is granted, including the 
identity of any expert, consultant, or assistant who will aid the 
requestor in evaluating the SGI. In addition, the request must contain 
the following information:
    (a) A statement that explains each individual's ``need to know'' 
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent 
with the definition of ``need to know'' as stated in 10 CFR 73.2, the 
statement must explain:
    (i) Specifically why the requestor believes that the information is 
necessary to enable the requestor to proffer and/or adjudicate a 
specific contention in this proceeding; \2\ and
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    \2\ Broad SGI requests under these procedures are unlikely to 
meet the standard for need to know; furthermore, NRC staff redaction 
of information from requested documents before their release may be 
appropriate to comport with this requirement. These procedures do 
not authorize unrestricted disclosure or less scrutiny of a 
requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention or non-adjudicatory 
access to SGI.
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    (ii) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested SGI to provide the basis and specificity for a proffered 
contention. The technical competence of a potential party or its 
counsel may be shown by reliance on a qualified expert, consultant, or 
assistant who satisfies these criteria.
    (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive 
Positions,'' for each individual who would have access to SGI. The 
completed Form SF-85 will be used by the Office of Administration to 
conduct the background check required for access to SGI, as required by 
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the 
requestor's trustworthiness and reliability. For security reasons, Form 
SF-85 can only be submitted electronically through the electronic 
questionnaire for investigations processing website, a secure website 
that is owned and operated by the Defense Counterintelligence and 
Security Agency (DCSA). To obtain online access to the form, the 
requestor should contact the NRC's Office of Administration at 301-415-
3710.\3\
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    \3\ The requestor will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and email address. After providing this information, the requestor 
usually should be able to obtain access to the online form within 
one business day.

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[[Page 39217]]

    (c) A completed Form FD-258 (fingerprint card), signed in original 
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form 
FD-258 will be provided in the background check request package 
supplied by the Office of Administration for each individual for whom a 
background check is being requested. The fingerprint card will be used 
to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR 
73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as 
amended, which mandates that all persons with access to SGI must be 
fingerprinted for an Federal Bureau of Investigation identification and 
criminal history records check.
    (d) A check or money order payable in the amount of $340.00 \4\ to 
the U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted.
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    \4\ This fee is subject to change pursuant to DCSA's adjustable 
billing rates.
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    (e) If the requestor or any individual(s) who will have access to 
SGI believes they belong to one or more of the categories of 
individuals that are exempt from the criminal history records check and 
background check requirements in 10 CFR 73.59, the requestor should 
also provide a statement identifying which exemption the requestor is 
invoking and explaining the requestor's basis for believing that the 
exemption applies. While processing the request, the Office of 
Administration, Personnel Security Branch, will make a final 
determination whether the claimed exemption applies. Alternatively, the 
requestor may contact the Office of Administration for an evaluation of 
their exemption status prior to submitting their request. Persons who 
are exempt from the background check are not required to complete the 
SF-85 or Form FD-258; however, all other requirements for access to 
SGI, including the need to know, are still applicable.

    Note:  Copies of documents and materials required by paragraphs 
C.(4)(b), (c), and (d) of this Order must be sent to the following 
address: U.S. Nuclear Regulatory Commission, Office of 
Administration, ATTN: Personnel Security Branch, Mail Stop TWFN-
07D04M, 11555 Rockville Pike, Rockville, MD 20852.
    These documents and materials should not be included with the 
request letter to the Office of the Secretary, but the request 
letter should state that the forms and fees have been submitted as 
required.

    D. To avoid delays in processing requests for access to SGI, the 
requestor should review all submitted materials for completeness and 
accuracy (including legibility) before submitting them to the NRC. The 
NRC will return incomplete packages to the sender without processing.
    E. Based on an evaluation of the information submitted under 
paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
    F. For requests for access to SUNSI, if the NRC staff determines 
that the requestor satisfies both E.(1) and E.(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 setting forth 
terms and conditions to prevent the unauthorized or inadvertent 
disclosure of SUNSI by each individual who will be granted access to 
SUNSI.\5\
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    \5\ 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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    G. For requests for access to SGI, if the NRC staff determines that 
the requestor has satisfied both E.(1) and E.(2) above, the Office of 
Administration will then determine, based upon completion of the 
background check, whether the proposed recipient is trustworthy and 
reliable, as required for access to SGI by 10 CFR 73.22(b). If the 
Office of Administration determines that the individual or individuals 
are trustworthy and reliable, the NRC will promptly notify the 
requestor in writing. The notification will provide the names of 
approved individuals as well as the conditions under which the SGI will 
be provided. Those conditions may include, but are not limited to, the 
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 
\6\ by each individual who will be granted access to SGI.
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    \6\ Any motion for Protective Order or draft Non- Disclosure 
Agreement or Affidavit for SGI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 180 days of the deadline for the 
receipt of the written access request.
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    H. Release and Storage of SGI. Prior to providing SGI to the 
requestor, the NRC staff will conduct (as necessary) an inspection to 
confirm that the recipient's information protection system is 
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, 
recipients may opt to view SGI at an approved SGI storage location 
rather than establish their own SGI protection program to meet SGI 
protection requirements.
    I. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI or SGI must be filed by the requestor no later than 25 days 
after receipt of (or access to) that information. 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 or SGI contentions by that later 
deadline.
    J. Review of Denials of Access.
    (1) If the request for access to SUNSI or SGI is denied by the NRC 
staff either after a determination on standing and requisite need, or 
after a determination on trustworthiness and reliability, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) Before the Office of Administration makes a final adverse 
determination regarding the trustworthiness and reliability of the 
proposed recipient(s) for access to SGI, the Office of Administration, 
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed 
recipient(s) any records that were considered in the trustworthiness 
and reliability determination, including those required to be provided 
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an 
opportunity to correct or explain the record.
    (3) The requestor may challenge the NRC staff's adverse 
determination with respect to access to SUNSI or with respect to 
standing or need to know for SGI 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.
    (4) The requestor may challenge the Office of Administration's 
final adverse

[[Page 39218]]

determination with respect to trustworthiness and reliability for 
access to SGI by filing a request for review in accordance with 10 CFR 
2.336(f)(1)(iv).
    (5) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    K. 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 within 5 days of the notification by the 
NRC staff of its grant of access and must be filed 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.
    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.\7\
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    \7\ Requestors 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/SGI 
request submitted to the NRC staff under these procedures.
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    L. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI or SGI, 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. The attachment to this Order summarizes the general target 
schedule for processing and resolving requests under these procedures.
    It is so ordered.

    Dated: June 24, 2020.

    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 and 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
                               Safeguards Information (SUNSI) and/or
                               Safeguards Information (SGI) 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; demonstrating
                               that access should be granted (e.g.,
                               showing technical competence for access
                               to SGI); and, for SGI, including
                               application fee for fingerprint/
                               background check.
60..........................  Deadline for submitting petition for
                               intervention containing: (i)
                               Demonstration of standing; (ii) all
                               contentions whose formulation does not
                               require access to SUNSI and/or SGI (+25
                               Answers to petition for intervention; +7
                               requestor/petitioner 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 (1) need for SUNSI or (2) need to
                               know for SGI. (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 makes the finding of need to know
                               for SGI and likelihood of standing, NRC
                               staff begins background check (including
                               fingerprinting for a criminal history
                               records check), information processing
                               (preparation of redactions or review of
                               redacted documents), and readiness
                               inspections.
25..........................  If NRC staff finds no ``need,'' no ``need
                               to know,'' or no likelihood of standing,
                               the deadline for requestor/petitioner 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.
190.........................  (Receipt +180) If NRC staff finds
                               standing, need to know for SGI, and
                               trustworthiness and reliability, deadline
                               for NRC staff to file motion for
                               Protective Order and draft Non-disclosure
                               Affidavit (or to make a determination
                               that the proposed recipient of SGI is not
                               trustworthy or reliable). Note: Before
                               the Office of Administration makes a
                               final adverse determination regarding
                               access to SGI, the proposed recipient
                               must be provided an opportunity to
                               correct or explain information.
205.........................  Deadline for petitioner to seek reversal
                               of a final adverse NRC staff
                               trustworthiness or reliability
                               determination under 10 CFR
                               2.336(f)(1)(iv).
A...........................  If access granted: Issuance of a decision
                               by a presiding officer or other
                               designated officer 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 and/or SGI consistent with decision
                               issuing the protective order.
A + 28......................  Deadline for submission of contentions
                               whose development depends upon access to
                               SUNSI and/or SGI. 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 opportunity to request a hearing and
                               petition for leave to intervene), the
                               petitioner may file its SUNSI or SGI
                               contentions by that later deadline.
A + 53......................  (Contention receipt +25) Answers to
                               contentions whose development depends
                               upon access to SUNSI and/or SGI.
A + 60......................  (Answer receipt +7) Petitioner/Intervenor
                               reply to answers.
A + 60......................  Decision on contention admission.
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[[Page 39219]]

[FR Doc. 2020-13993 Filed 6-29-20; 8:45 am]
BILLING CODE 7590-01-P