Holtec Decommissioning International, LLC; Pilgrim Nuclear Power Station, 39592-39597 [2020-14134]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Notices]
[Pages 39592-39597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14134]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-293; NRC-2020-0136]


Holtec Decommissioning International, LLC; Pilgrim Nuclear Power 
Station

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to comment, request a 
hearing, and petition for leave to intervene; order imposing 
procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of an amendment to Renewed Facility Operating 
License No. DPR-35, issued to Holtec Decommissioning International, LLC 
for the decommissioning of the Pilgrim Nuclear Power Station (Pilgrim). 
The amendment would amend the Pilgrim Physical Security Plan and amend 
License Condition 3.G, ``Physical Protection.'' The proposed revised 
Physical Security Plan would integrate the existing Physical Security 
Plan's Appendix D. Holtec Decommissioning International, LLC indicated 
that this proposed appendix provides the security requirements for the 
new Independent Spent Fuel Storage Installation that is currently being 
built in the Owner Controlled Area outside of the existing Pilgrim 
Protected Area. According to Holtec Decommissioning International, LLC, 
the Security Training and Qualification Plan and the Safeguards 
Contingency Plan are included in the proposed revised Physical Security 
Plan but remain unchanged from the existing Physical Security Plan. The 
NRC proposes to determine that the amendment involves no significant 
hazards consideration. Because the amendment request contains 
safeguards information (SGI), an order imposes procedures to obtain 
access to SGI for contention preparation.

DATES: Comments must be filed by July 31, 2020. A request for a hearing 
must be filed by August 31, 2020. Any potential party as defined in 
Sec.  2.4 of title 10 of the Code of Federal Regulations (10 CFR), who 
believes access to SGI is necessary to respond to this notice must 
request document access by July 13, 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-2020-0136. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual 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.

FOR FURTHER INFORMATION CONTACT: Amy M. Snyder, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-6822; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2020-0136 when contacting the NRC 
about the availability of information for this

[[Page 39593]]

action. You may obtain publicly-available 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-2020-0136.
     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 reference staff at 1-800-397-4209, 301-415-4737, or by 
email to [email protected]. The ``Pilgrim Nuclear Power Station, 
Physical Security Plan Revision and License Amendment Request to 
Incorporate Additional Independent Spent Fuel Storage Installation,'' 
the ``Pilgrim Nuclear Power Station, Supplemental Information to 
Support [Physical Security Plan] Revision and [License Amendment 
Request],'' and the ``Pilgrim Nuclear Power Station, Response to NRC 
Request for Clarifying Information'' are available in ADAMS under 
Accession Nos. ML20141L057 (Package), ML20171A520, and ML20122A055, 
respectively.

B. Submitting Comments

    Please include Docket ID NRC-2020-0136 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 submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this 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, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This document includes a notice of an amendment containing SGI.

III. Notice of Consideration of Issuance of Amendment to Renewed 
Facility Operating License, Proposed No Significant Hazards 
Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment request involves no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that 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 basis 
for this proposed determination for the amendment request is shown 
below.
    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 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. 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 a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action 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 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 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 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

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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.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the Commission may issue the amendment and make it 
immediately effective, notwithstanding the request for a hearing. Any 
hearing would take place after issuance of the amendment. If the final 
determination is that the amendment request involves a significant 
hazards consideration, then any hearing held would take place before 
the issuance of the amendment unless the Commission finds an imminent 
danger to the health or safety of the public, in which case it will 
issue an appropriate order or rule under 10 CFR part 2.
    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.

B. 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 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

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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 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.
    For further details with respect to this license amendment 
application, see the application for amendment which is available for 
public inspection in ADAMS. For additional direction on accessing 
information related to this document, see the ``Obtaining Information 
and Submitting Comments'' section of this document.
    The amendment would amend the Pilgrim Physical Security Plan and 
amend License Condition 3.G, ``Physical Protection.'' The proposed 
revised Physical Security Plan would integrate the existing Physical 
Security Plan's Appendix D. Holtec Decommissioning International, LLC 
indicated that this proposed appendix provides the security 
requirements for the new Independent Spent Fuel Storage Installation 
that is currently being built in the Owner Controlled Area outside of 
the existing Pilgrim Protected Area. According to Holtec 
Decommissioning International, LLC, the Security Training and 
Qualification Plan and the Safeguards Contingency Plan are included in 
the proposed revised Physical Security Plan but remain unchanged from 
the existing Physical Security Plan. This amendment request contains 
SGI.

Order Imposing Procedures for Access to Safeguards Information for 
Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing 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 SGI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to 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 SGI 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 Deputy General Counsel 
for Hearings 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:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SGI under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1);
    (3) 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

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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 Questionnaires 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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    (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 FBI 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, and
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    \4\ This fee is subject to change pursuant to the 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.(3)(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 
paragraph C.(3) 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 to know the SGI 
requested.
    F. 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. These conditions may 
include, but are not limited to, the signing of a Non-Disclosure 
Agreement or Affidavit, or Protective Order \5\ by each individual who 
will be granted access to SGI.
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    \5\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement 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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    G. 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.
    H. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SGI must be filed by the requestor no later than 25 days after 
receipt (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 SGI contentions by that later deadline.
    I. Review of Denials of Access.
    (1) If the request for access to SGI is denied by the NRC staff 
either after a determination on standing and need to know, 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 an 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 standing or need to know 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 
adverse determination with respect to trustworthiness and reliability 
for access

[[Page 39597]]

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.
    J. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SGI 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.\6\
---------------------------------------------------------------------------

    \6\ 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 SGI 
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    K. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to 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 25, 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 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
                           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
                           including the application fee for the
                           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 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 need to
                           know. If NRC staff makes the finding of need
                           to know 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 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 to know,'' 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).
190.....................  (Receipt +180) If NRC staff finds standing,
                           need to know, 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 SGI consistent
                           with decision issuing the protective order.
A + 28..................  Deadline for submission of contentions whose
                           development depends upon access to 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 SGI contentions by
                           that later deadline.
A + 53..................  (Contention receipt +25) Answers to
                           contentions whose development depends upon
                           access to SGI.
A + 60..................  (Answer receipt +7) Petitioner/Intervenor
                           reply to answers.
>A + 60.................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2020-14134 Filed 6-30-20; 8:45 am]
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