Kairos Power, LLC, 7503-7507 [2022-02671]
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
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TIME AND DATE: Friday, February 11,
2022, from 11:00 a.m.–12:00 p.m. EST.
PLACE: This meeting will be held by
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STATUS: Closed.
MATTERS TO BE CONSIDERED: The agenda
is: Subcommittee Chair’s Opening
Remarks; Approval of Minutes from
November 22, 2021, Meeting; Update on
Regional Innovation Engines and TIP
Programmatic Plans Beyond the
Regional Innovation Engines.
CONTACT PERSON FOR MORE INFORMATION:
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Chris Blair, cblair@nsf.gov, 703/292–
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STATUS: Open.
MATTERS TO BE CONSIDERED:
[Docket No. 50–7513; NRC–2022–0033]
By Melane Conyers-Ausbrooks, Secretary
of the Board, the National Credit Union
Administration, on February 3, 2022.
Dated: February 4, 2022.
Dawn D. Wolfgang,
NCUA PRA Clearance Officer.
Week of February 14, 2022
SUMMARY:
[FR Doc. 2022–02672 Filed 2–8–22; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL SCIENCE FOUNDATION
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The National Science Board’s
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scheduling of a teleconference for the
transaction of National Science Board
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Chris Blair,
Executive Assistant to the National Science
Board Office.
[FR Doc. 2022–02776 Filed 2–7–22; 11:15 am]
BILLING CODE 7555–01–P
Dated: February 7, 2022.
For the Nuclear Regulatory Commission.
Wesley W. Held,
Policy Coordinator, Office of the Secretary.
NUCLEAR REGULATORY
COMMISSION
[FR Doc. 2022–02909 Filed 2–7–22; 4:15 pm]
[NRC–2022–0001]
BILLING CODE 7590–01–P
Sunshine Act Meetings
TIME AND DATE:
Week of February 14,
2022.
PLACE:
Monday, February 14, 2022
11:30 a.m. Affirmation Session (Public
Meeting) (Tentative) Hearing
Requests in Exelon Multiple
Indirect License Transfers
(Tentative) (Contact: Wesley Held:
301–287–3591)
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For more information or to verify the
status of meetings, contact Wesley Held
at 301–287–3591 or via email at
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The NRC Commission Meeting
Schedule can be found on the internet
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public-meetings/schedule.html.
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NUCLEAR REGULATORY
COMMISSION
Kairos Power, LLC
Nuclear Regulatory
Commission.
ACTION: Construction permit
application; opportunity to request a
hearing and petition for leave to
intervene; order imposing procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is providing notice
that an uncontested hearing will be held
on the Kairos Power, LLC (Kairos)
construction permit application that
proposes the construction of a test
reactor, identified as Hermes, in Oak
Ridge, Tennessee, at a time and place to
be set in the future by the Commission
or designated by the Atomic Safety and
Licensing Board. This notice provides
the public an opportunity to request a
hearing and petition for leave to
intervene (i.e., contested hearing) with
respect to that application. The NRC
staff is currently conducting a detailed
technical review of the construction
permit application. If the NRC issues a
construction permit, the applicant,
Kairos, would be authorized to
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
construct its proposed test reactor in
accordance with the provisions of the
construction permit. Because the
application contains sensitive
unclassified non-safeguards information
(SUNSI), this notice includes an order
that imposes procedures to obtain
access to SUNSI for contention
preparation.
DATES: A request for a hearing or
petitions for leave to intervene must be
filed by April 11, 2022. Any potential
party as defined in section 2.4 of title 10
of the Code of Federal Regulations (10
CFR) who believes access to SUNSI is
necessary to respond to this notice must
request document access by February
22, 2022.
ADDRESSES: Please refer to Docket ID
NRC–2022–0033 when contacting the
NRC about the availability of
information for this 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–2022–0033. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘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.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
Eastern Time (ET), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Benjamin Beasley, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
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DC 20555–0001; telephone: 301–415–
2062, email: Benjamin.Beasley@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letters dated September 29, 2021
(ADAMS Package Accession No.
ML21272A375), and October 31, 2021
(ADAMS Package Accession No.
ML21306A131), Kairos submitted,
pursuant to 10 CFR part 50, ‘‘Domestic
Licensing of Production and Utilization
Facilities,’’ a construction permit
application that proposed to construct a
test reactor (a ‘‘testing facility’’ as
defined in 10 CFR 50.2). A notice of
receipt and availability of the first
portion of Kairos’s two-part application
was published in the Federal Register
on October 29, 2021 (86 FR 60077). The
NRC staff determined that Kairos
submitted a two-part application in
accordance with 10 CFR 2.101(a)(5), and
a notice of the acceptability of docketing
of both portions of Kairos’s application
was published in the Federal Register
on December 1, 2021 (86 FR 68290). The
docket number established for this
application is 50–7513.
The NRC is considering issuance of a
construction permit to Kairos that
would authorize construction of the
proposed test reactor, identified as
Hermes, to be located in Oak Ridge,
Tennessee. Hermes would be a fluoridesalt cooled, high-temperature reactor
that uses solid tri-structural isotropic
fuel in pebble form.
II. Hearing
Pursuant to the Atomic Energy Act of
1954, as amended, 10 CFR part 2,
‘‘Agency Rules of Practice and
Procedure,’’ and part 50, notice is
hereby given that an uncontested (i.e.,
mandatory) hearing will be held, at a
time and place to be set in the future by
the Commission or designated by the
Atomic Safety and Licensing Board
(Board).
The hearing on the application for a
construction permit filed by Kairos
pursuant to 10 CFR part 50 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. If the hearing is conducted
by a Board, notice as to the membership
of the Board will be published in the
Federal Register at a later date. The
NRC staff will complete a detailed
technical review of the 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 50.58, ‘‘Hearings and Report of
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the Advisory Committee on Reactor
Safeguards,’’ and the ACRS will report
on those portions of the application that
concern safety. The NRC staff will also
complete an environmental review of
the application and will document its
findings in an environmental impact
statement in accordance with the
National Environmental Policy Act of
1969, as amended, and the
Commission’s regulations in 10 CFR
part 51, ‘‘Environmental Protection
Regulations for Domestic Licensing and
Related Regulatory Functions.’’
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any person
(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 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
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 the 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 issued 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 that 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
opinions that support the contention
and on which the petitioner intends to
rely at 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
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include sufficient information to show
that a genuine dispute exists with the
applicant on a material issue of law or
fact. Contentions must be limited to
matters within the scope of the
proceeding. Each contention must be
one that, 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 in accordance with the filing
instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document. Petitions and motions for
leave to file new or amended
contentions that are filed after the 60day deadline will not be entertained
absent a determination by the presiding
officer that the filing demonstrates good
cause by satisfying the three factors in
10 CFR 2.309(c)(1)(i) through (iii).
A State, local governmental body,
Federally recognized Indian Tribe, or
designated agency thereof, may submit
a petition to the Commission to
participate as a party under 10 CFR
2.309(h)(1) 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).
For information about filing a petition
and about participation by a person not
a party under 10 CFR 2.315, see ADAMS
Accession No. ML20340A053 and on
the NRC website at https://www.nrc.gov/
about-nrc/regulatory/adjudicatory.html
and https://www.nrc.gov/about-nrc/
regulatory/adjudicatory/hearing.
html#participate.
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IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings including
documents filed by an interested State,
local governmental body, Federally
recognized Indian Tribe, or designated
agency thereof that requests to
participate under 10 CFR 2.315(c), must
be filed in accordance with 10 CFR
2.302. 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, unless an
exemption permitting an alternative
filing method, as discussed below, is
granted. Detailed guidance on electronic
submissions is located in the Guidance
for Electronic Submissions to the NRC
(ADAMS Accession No. ML13031A056)
and on the NRC website at https://
www.nrc.gov/site-help/esubmittals.html.
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
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 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. After a digital ID
certificate is obtained and a docket
created, the participant must submit
adjudicatory documents in Portable
Document Format. Guidance on
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. (ET) on the due date. Upon receipt
of a transmission, the E-Filing system
timestamps the document and sends the
submitter an email confirming receipt of
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the document. The E-Filing system also
distributes an email 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 to 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., (ET),
Monday through Friday, excluding
government holidays.
Participants who believe that they
have 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 in accordance with
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving their
documents on all other participants.
Participants granted an exemption
under 10 CFR 2.302(g)(2) must still meet
the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the presiding
officer. If you do not have an NRCissued 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
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Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing SUNSI.
B. Within 10 days after publication of
this notice of hearing and opportunity to
petition for leave to intervene, any
potential party who believes access to
SUNSI is necessary to respond to this
notice may request access to SUNSI. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI
submitted later than 10 days after
publication of this notice will not be
considered absent a showing of good
cause for the late filing, addressing why
the request could not have been filed
earlier.
C. The requestor shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Deputy
General Counsel for Licensing,
Hearings, and Enforcement, 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); and
(3) 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.
D. Based on an evaluation of the
information submitted under paragraph
C.(3), the NRC staff will determine
within 10 days of receipt of the request
whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI.
E. If the NRC staff determines that the
requestor satisfies both D.(1) and D.(2),
the NRC staff will notify the requestor
in writing that access to SUNSI has been
granted. The written notification will
contain instructions on how the
requestor may obtain copies of the
requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order 2 setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.
F. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI must be filed by the requestor no
later than 25 days after 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 contentions by that later
deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI
is denied by the NRC staff after a
determination on standing and requisite
need, the NRC staff shall immediately
notify the requestor in writing, briefly
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI under these
procedures should be submitted as described in this
paragraph.
2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants should not include
copyrighted materials in their
submission.
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stating the reason or reasons for the
denial.
(2) The requestor may challenge the
NRC staff’s adverse determination by
filing a challenge within 5 days of
receipt of that determination with: (a)
The presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an Administrative Law Judge
with jurisdiction pursuant to 10 CFR
2.318(a) if another officer has been
designated to rule on information access
issues, with that officer.
(3) Further appeals of decisions under
this paragraph must be made pursuant
to 10 CFR 2.311.
H. Review of Grants of Access. A party
other than the requestor may challenge
an NRC staff determination granting
access to SUNSI whose release would
harm that party’s interest independent
of the proceeding. Such a challenge
must be filed 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) 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 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR part 2.
The attachment to this Order
summarizes the general target schedule
3 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 request
submitted to the NRC staff under these procedures.
E:\FR\FM\09FEN1.SGM
09FEN1
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
Dated: February 4, 2022.
for processing and resolving requests
under these procedures.
It is so ordered.
7507
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/activity
0 ........................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in order
for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to
file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its
SUNSI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
A .......................
A + 3 .................
A + 28 ...............
A + 53 ...............
A + 60 ...............
>A + 60 .............
[FR Doc. 2022–02671 Filed 2–8–22; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Julia
Alford, Senior Executive Resources
Services, Senior Executive Services and
Performance Management, Employee
Services, 202–606–2246.
www.gpo.gov/fdsys/. OPM also
publishes an annual notice of the
consolidated listing of all Schedule A,
B, and C appointing authorities, current
as of June 30, in the Federal Register.
In
accordance with 5 CFR 213.103,
Schedule A, B, and C appointing
authorities available for use by all
agencies are codified in the Code of
Federal Regulations (CFR). Schedule A,
B, and C appointing authorities
applicable to a single agency are not
codified in the CFR, but the Office of
Personnel Management (OPM)
publishes a notice of agency-specific
authorities established or revoked each
month in the Federal Register at
Schedule A
SUPPLEMENTARY INFORMATION:
Excepted Service
Office of Personnel
Management (OPM).
ACTION: Notice.
AGENCY:
This notice identifies
Schedule A, B, and C appointing
authorities applicable to a single agency
that were established or revoked from
September 1, 2021 to September 30,
2021.
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
No Schedule A Authorities to report
during September 2021.
Schedule B
No Schedule B Authorities to report
during September 2021.
Schedule C
The following Schedule C appointing
authorities were approved during
September 2021.
Authorization
No.
Agency name
Organization name
Position title
DEPARTMENT OF AGRICULTURE
Office of the Secretary ...................
Agricultural Marketing Service .......
Senior Advisor ................................
Senior Advisor for Organics and
Emerging Markets.
State Executive Director—Georgia
State Executive Director—Michigan
Farm Service Agency .....................
VerDate Sep<11>2014
17:29 Feb 08, 2022
Jkt 256001
PO 00000
Frm 00086
Fmt 4703
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Effective date
DA210151
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09/16/2021
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DA210153
09/16/2021
09/16/2021
]]>Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7503-7507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02671]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-7513; NRC-2022-0033]
Kairos Power, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: Construction permit application; opportunity to request a
hearing and petition for leave to intervene; order imposing procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is providing
notice that an uncontested hearing will be held on the Kairos Power,
LLC (Kairos) construction permit application that proposes the
construction of a test reactor, identified as Hermes, in Oak Ridge,
Tennessee, at a time and place to be set in the future by the
Commission or designated by the Atomic Safety and Licensing Board. This
notice provides the public an opportunity to request a hearing and
petition for leave to intervene (i.e., contested hearing) with respect
to that application. The NRC staff is currently conducting a detailed
technical review of the construction permit application. If the NRC
issues a construction permit, the applicant, Kairos, would be
authorized to
[[Page 7504]]
construct its proposed test reactor in accordance with the provisions
of the construction permit. Because the application contains sensitive
unclassified non-safeguards information (SUNSI), this notice includes
an order that imposes procedures to obtain access to SUNSI for
contention preparation.
DATES: A request for a hearing or petitions for leave to intervene must
be filed by April 11, 2022. Any potential party as defined in section
2.4 of title 10 of the Code of Federal Regulations (10 CFR) who
believes access to SUNSI is necessary to respond to this notice must
request document access by February 22, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0033 when contacting the
NRC about the availability of information for this 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-2022-0033. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``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 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.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Benjamin Beasley, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2062, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letters dated September 29, 2021 (ADAMS Package Accession No.
ML21272A375), and October 31, 2021 (ADAMS Package Accession No.
ML21306A131), Kairos submitted, pursuant to 10 CFR part 50, ``Domestic
Licensing of Production and Utilization Facilities,'' a construction
permit application that proposed to construct a test reactor (a
``testing facility'' as defined in 10 CFR 50.2). A notice of receipt
and availability of the first portion of Kairos's two-part application
was published in the Federal Register on October 29, 2021 (86 FR
60077). The NRC staff determined that Kairos submitted a two-part
application in accordance with 10 CFR 2.101(a)(5), and a notice of the
acceptability of docketing of both portions of Kairos's application was
published in the Federal Register on December 1, 2021 (86 FR 68290).
The docket number established for this application is 50-7513.
The NRC is considering issuance of a construction permit to Kairos
that would authorize construction of the proposed test reactor,
identified as Hermes, to be located in Oak Ridge, Tennessee. Hermes
would be a fluoride-salt cooled, high-temperature reactor that uses
solid tri-structural isotropic fuel in pebble form.
II. Hearing
Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part
2, ``Agency Rules of Practice and Procedure,'' and part 50, notice is
hereby given that an uncontested (i.e., mandatory) hearing will be
held, at a time and place to be set in the future by the Commission or
designated by the Atomic Safety and Licensing Board (Board).
The hearing on the application for a construction permit filed by
Kairos pursuant to 10 CFR part 50 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. If the
hearing is conducted by a Board, notice as to the membership of the
Board will be published in the Federal Register at a later date. The
NRC staff will complete a detailed technical review of the 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 50.58,
``Hearings and Report of the Advisory Committee on Reactor
Safeguards,'' and the ACRS will report on those portions of the
application that concern safety. The NRC staff will also complete an
environmental review of the application and will document its findings
in an environmental impact statement in accordance with the National
Environmental Policy Act of 1969, as amended, and the Commission's
regulations in 10 CFR part 51, ``Environmental Protection Regulations
for Domestic Licensing and Related Regulatory Functions.''
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (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 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 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 the 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 issued 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 that 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 opinions that support the contention and on which the petitioner
intends to rely at 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
[[Page 7505]]
include sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact. Contentions must
be limited to matters within the scope of the proceeding. Each
contention must be one that, 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 in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the 60-day deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h)(1) 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).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 and on the NRC website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory.html and https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as
discussed below, is granted. Detailed guidance on electronic
submissions is located in the Guidance for Electronic Submissions to
the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at
https://www.nrc.gov/site-help/e-submittals.html.
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 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. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on 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. (ET) on the due date. Upon receipt of a
transmission, the E-Filing system timestamps the document and sends the
submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 to
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., (ET), Monday through Friday, excluding government holidays.
Participants who believe that they have 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of 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
[[Page 7506]]
requires submission of such information. With respect to copyrighted
works, except for limited excerpts that serve the purpose of the
adjudicatory filings and would constitute a Fair Use application,
participants should not include copyrighted materials in their
submission.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request access to SUNSI. A ``potential party'' is any person who
intends to participate as a party by demonstrating standing and filing
an admissible contention under 10 CFR 2.309. Requests for access to
SUNSI submitted later than 10 days after publication of this notice
will not be considered absent a showing of good cause for the late
filing, addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Deputy General Counsel
for Licensing, Hearings, and Enforcement, 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 under these
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the 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.
D. Based on an evaluation of the information submitted under
paragraph C.(3), the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2), the NRC staff will notify the requestor in writing
that access to SUNSI has been granted. The written notification will
contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
---------------------------------------------------------------------------
\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
---------------------------------------------------------------------------
F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
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 contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and requisite need, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an Administrative Law Judge with jurisdiction
pursuant to 10 CFR 2.318(a) if another officer has been designated to
rule on information access issues, with that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed 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) 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.\3\
---------------------------------------------------------------------------
\3\ 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
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------
I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment to this Order summarizes the general target schedule
[[Page 7507]]
for processing and resolving requests under these procedures.
It is so ordered.
Dated: February 4, 2022.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI) with information:
Supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 petitioner/requestor reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information.) If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requestor to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
for SUNSI.
A........................ If access granted: Issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of opportunity to request a hearing
and petition for leave to intervene), the
petitioner may file its SUNSI contentions by
that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2022-02671 Filed 2-8-22; 8:45 am]
BILLING CODE 7590-01-P
