Nuclear Fuel Services, Inc., 53507-53511 [2022-18775]
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Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Notices
well as for posting and maintaining the
latest versions of the above- mentioned
documents of the common forms and
other associated documents.
Input is welcome on any aspect of the
proposed common disclosure forms,
including the accompanying
instructions, and excel spreadsheet.
BURDEN ON THE PUBLIC
Number of
proposals
(estimated)
Form name
Burden time
(hours)
Total
Biographical Sketch .........................................................................................
Current and Pending (Other) Support .............................................................
47,900
47,900
4
4
1
1
191,600
191,600
Total burden hours ...................................................................................
........................
........................
........................
383,200
Dated: August 25, 2022.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2022–18746 Filed 8–30–22; 8:45 am]
BILLING CODE 7555–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Permit Modification Received
Under the Antarctic Conservation Act
of 1978
National Science Foundation.
Notice of permit modification
AGENCY:
ACTION:
request.
The National Science
Foundation (NSF) is required to publish
a notice of requests to modify permits
issued to conduct activities regulated
under the Antarctic Conservation Act of
1978. This is the required notice of a
requested permit modification.
DATES: Interested parties are invited to
submit written data, comments, or
views with respect to this permit
application by September 30, 2022.
Permit applications may be inspected by
interested parties at the Permit Office,
address below.
ADDRESSES: Comments should be
addressed to Permit Office, Office of
Polar Programs, National Science
Foundation, 2415 Eisenhower Avenue,
Alexandria, Virginia 22314.
FOR FURTHER INFORMATION CONTACT:
Andrew Titmus, ACA Permit Officer,
Office of Polar Programs, National
Science Foundation, 2415 Eisenhower
Avenue, Alexandria, VA 22314; 703–
292–4479; or ACApermits@nsf.gov.
SUPPLEMENTARY INFORMATION: The
National Science Foundation, as
directed by the Antarctic Conservation
Act of 1978 (Pub. L. 95–541), as
amended by the Antarctic Science,
Tourism and Conservation Act of 1996,
has developed regulations for the
establishment of a permit system for
various activities in Antarctica and
designation of certain animals and
SUMMARY:
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Number of
respondents
(estimated)
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certain geographic areas as requiring
special protection. The regulations
establish such a permit system to
designate Antarctic Specially Protected
Areas.
Description of Permit Modification
Requested: The Foundation issued a
permit (ACA 2021–004) to Grant Ballard
on September 23, 2020. The issued
permit allows the applicant to engage in
take, harmful interference, enter
Antarctic Specially Protected Areas
(ASPAs), and import samples into the
USA in association with research on the
role of environmental factors on
foraging, diet, growth, and survival of
Adelie penguins (Pygoscelis adeliae).
Research activities include installing
weighbridges, resighting banded birds,
and following birds through incubation
and chick-rearing until late January. The
applicant and agents attach logging and
tracking devices on breeding adults and
collect fecal samples from adults and
chicks during the brooding and
guarding stage, then attach long-term
GPS-Argos tags and geolocating dive
recorders on adult penguins. To survey
the large colonies at Cape Royds and
Cape Crozier in a timely manner, the
applicant and agents employ multiple,
self- and collectively-aware remotely
piloted aircraft (RPAS) simultaneously.
Now the applicant proposes a
modification to the permit to collect
blood samples (1–2 drops each) from
penguins already undergoing other
handling, sampling, or instrumentation.
The applicant proposes to take up to
220 blood samples from fledglings, 120
blood samples from chicks, and 130
blood samples from adult Adelie
penguins per year. The applicant
proposes to take up to an additional 30
feather samples from fledglings, and 20
feather samples from adults per year
over feather samples already permitted.
The applicant proposes to take up to an
additional 240 opportunistic or cloacal
swab fecal samples per year.
Additionally, the applicant proposes to
tag up to 60 chicks per year with small
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T-bar anchor tags which will be
removed at the end of the rearing
season. The applicant also proposes to
disturb up to 1000 penguins by
surrounding a penguin subcolony with
a plastic fence for the continuation of a
long term weighbridge study to evaluate
foraging trip duration, adult condition,
and food delivery.
Location: ASPA 121, Cape Royds,
Ross Island; ASPA 124, Cape Crozier,
Ross Island; ASPA 105, Beaufort Island;
Cape Bird (outside ASPA boundary).
Dates: November 1, 2022 to February
15, 2025.
Erika N. Davis,
Program Specialist, Office of Polar Programs.
[FR Doc. 2022–18770 Filed 8–30–22; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–143; NRC–2022–0097]
Nuclear Fuel Services, Inc.
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to request a hearing and to
petition for leave to intervene; order
imposing procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) staff has received an
application from Nuclear Fuel Services,
Inc. (NFS or the licensee) to amend
special nuclear materials (SNM) license
number SNM–124. The amended
license would authorize the licensee to
perform uranium purification and
conversion services at the NFS site
pursuant to a contract with the U.S.
Department of Energy’s National
Nuclear Security Administration
(NNSA). Because the amendment
request contains sensitive unclassified
non-safeguards information (SUNSI), an
order imposes procedures to obtain
access to SUNSI for contention
preparation by persons who file a
SUMMARY:
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Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Notices
hearing request or petition for leave to
intervene.
DATES: Requests for a hearing or petition
for leave to intervene must be filed by
October 31, 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 September
12, 2022.
ADDRESSES: Please refer to Docket ID
NRC–2022–0097 when contacting the
NRC about the availability of
information regarding this action. You
may obtain publicly available
information related to this action using
any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0097. 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. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• 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:
James Downs, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
7744, email: James.Downs@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated
November 18, 2021, an application from
Nuclear Fuel Services, Inc. (NFS or
licensee) to amend SNM license number
SNM–124. The NRC also received two
letters, each dated February 24, 2022,
that supplement this application. The
amended license would authorize the
licensee to perform uranium
purification and conversion services at
the NFS site pursuant to a contract with
the NNSA. According to NFS this
contract would bridge the gap between
shutting down NNSA legacy uranium
processing equipment and starting up a
new NNSA process utilizing
electrorefining technology. Under 10
CFR 70.72, ‘‘Facility changes and
change process,’’ this work requires a
license amendment because NFS
determined that the uranium
purification and conversion services: (1)
have the potential to introduce new
accident scenarios to the existing NRClicensed activities that, unless mitigated
or prevented, would exceed the
performance requirements of 10 CFR
70.61, ‘‘Performance requirements,’’ and
have not previously been described in
the integrated safety analysis summary;
and (2) use new processes, technologies,
or control systems for which the
licensee has no prior experience.
As documented in an administrative
completeness review, dated March 25,
2022, NRC found the application, as
supplemented, acceptable for a
technical review. During the technical
review, the NRC will review the
application, as supplemented, in areas
that include, but are not limited to,
radiation safety, chemical safety, fire
safety, security, environmental
protection, and material control/
accountability. Prior to reaching a
decision on the request to amend SNM
license number SNM–124, the NRC will
need to conduct a review and make a
determination in accordance with the
Atomic Energy Act of 1954, as amended
(the Act), and the NRC’s regulations.
The NRC’s findings will be documented
in a safety evaluation report.
II. Additional Information
On April 27, 2022, the NRC issued a
notice in the Federal Register (87 FR
25054) regarding the referenced license
amendment request with a 60-day
period to request a hearing ending June
27, 2022. After receiving a request from
a petitioner to extend the deadline,
citing hardships related to the ongoing
COVID–19 pandemic, the NRC granted
a 30-day extension to the original
deadline. After receiving another
request to grant an additional extension,
the NRC decided to re-issue this notice
and to include procedures to access
SUNSI for any potential party who
believes that access to SUNSI is
necessary to respond to this notice.
III. Availability of Documents
The documents identified in the
following table are available to
interested persons through ADAMS.
Document description
ADAMS Accession No.
Cover letter from NFS for license amendment request with summary of changes, affidavit on trade secrets or commercial information, and Attachment 1—Proposed License Application, dated November 18, 2021.
Attachment 2—Proposed Integrated Safety Analysis Summary .....................................
Attachment 3—Proposed Emergency Plan .....................................................................
Attachment 4—Proposed Supplemental Environmental Report .....................................
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Attachment 5—Proposed Decommissioning Cost Estimate ...........................................
Request for supplemental information from NRC, dated January 21, 2022 ...................
Cover letter from NFS for response to supplemental information with affidavit on trade
secrets or commercial information, dated February 24, 2022.
Attachment—Response to request for supplementation information ..............................
Enclosure—Proposed Supplemental Environmental Report, dated November 30, 2021
Cover letter from NFS on additional supplemental background information with affidavit on trade secrets or commercial information, dated February 24, 2022.
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ML21327A099.
ML21327A097 (non-public,
2.390).
ML21327A098 (non-public,
2.390).
ML21327A101 (non-public,
2.390).
ML21327A100 (non-public,
2.390).
ML22014A421.
ML22066B004.
withheld pursuant to 10 CFR
withheld pursuant to 10 CFR
withheld pursuant to 10 CFR
withheld pursuant to 10 CFR
ML22066B003 (non-public, withheld pursuant to 10 CFR
2.390).
ML22066B005.
ML22069A315.
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53509
Document description
ADAMS Accession No.
Enclosure A—Seismic Evaluation of the Nuclear Fuel Services Fuel Fabrication Facility.
Enclosure B—Seismic Evaluation of Equipment for Nuclear Fuel Services Fuel Fabrication Facility.
Enclosure C—Integrated Safety Analysis Summary, Revision 1, for Building 301 Highly Enriched Uranium Metal Production Facility.
Acceptance of application from NRC for detailed technical review of the NFS U-metal
license amendment request, dated March 25, 2022.
ML22069A316 (non-public, withheld pursuant to 10 CFR
2.390).
ML22069A317 (non-public, withheld pursuant to 10 CFR
2.390).
ML22069A318 (non-public, withheld pursuant to 10 CFR
2.390).
ML22080A238.
IV. 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. If a
petition is filed, the presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
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
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) no later than 60 days from the
date of publication of this notice.
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 (https://
adamswebsearch2.nrc.gov/webSearch2/
main.jsp?AccessionNumber
=ML20340A053) and on the NRC public
website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/
hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including
documents filed by an interested State,
local governmental body, Federally
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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 further discussed, 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’s public 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
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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
time-stamps 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/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 9:00 a.m. and 6:00 p.m., ET,
Monday through Friday, except Federal
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
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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 previously described,
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. 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 NonSafeguards Information for Contention
Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing Sensitive
Unclassified Non-Safeguards
Information (SUNSI).
B. Within 10 days after publication of
this notice of hearing or opportunity for
hearing, 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,
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Maryland 20852. The email addresses
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
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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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 this
individual 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.
(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 this
individual 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
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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
53511
for processing and resolving requests
under these procedures.
It is so ordered.
Dated: August 25, 2022.
For the Nuclear Regulatory Commission.
Brooke P. Clark,
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 ...............
10 .............
Publication of Federal Register notice of hearing or opportunity for hearing, 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 Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit 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 Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing
the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
60 .............
20 .............
25 .............
30 .............
40 .............
A ..............
A + 3 ........
A + 28 ......
A + 53 ......
A + 60 ......
>A + 60 ....
The U.S. Nuclear Regulatory
Commission (NRC) invites public
comment on the renewal of Office of
Management and Budget (OMB)
approval for an existing collection of
information. The information collection
is entitled, ‘‘Access Authorization.’’
DATES: Submit comments by October 31,
2022. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0137. 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.
• Mail comments to: David C.
Cullison, Office of the Chief Information
Officer, Mail Stop: T–6 A10M, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
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:
David C. Cullison, Office of the Chief
Information Officer, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
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, 78 FR 34247, June 7, 2013)
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.
[FR Doc. 2022–18775 Filed 8–30–22; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2022–0137]
Information Collection: Access
Authorization
Nuclear Regulatory
Commission.
ACTION: Renewal of existing information
collection; request for comment.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
SUMMARY:
VerDate Sep<11>2014
16:59 Aug 30, 2022
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]]>Agencies
[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53507-53511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18775]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-143; NRC-2022-0097]
Nuclear Fuel Services, Inc.
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to request a hearing
and to petition for leave to intervene; order imposing procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff has
received an application from Nuclear Fuel Services, Inc. (NFS or the
licensee) to amend special nuclear materials (SNM) license number SNM-
124. The amended license would authorize the licensee to perform
uranium purification and conversion services at the NFS site pursuant
to a contract with the U.S. Department of Energy's National Nuclear
Security Administration (NNSA). Because the amendment request contains
sensitive unclassified non-safeguards information (SUNSI), an order
imposes procedures to obtain access to SUNSI for contention preparation
by persons who file a
[[Page 53508]]
hearing request or petition for leave to intervene.
DATES: Requests for a hearing or petition for leave to intervene must
be filed by October 31, 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 September 12, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0097 when contacting the
NRC about the availability of information regarding this action. You
may obtain publicly available information related to this action using
any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0097. 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
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: James Downs, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-7744, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC has received, by letter dated November 18, 2021, an
application from Nuclear Fuel Services, Inc. (NFS or licensee) to amend
SNM license number SNM-124. The NRC also received two letters, each
dated February 24, 2022, that supplement this application. The amended
license would authorize the licensee to perform uranium purification
and conversion services at the NFS site pursuant to a contract with the
NNSA. According to NFS this contract would bridge the gap between
shutting down NNSA legacy uranium processing equipment and starting up
a new NNSA process utilizing electrorefining technology. Under 10 CFR
70.72, ``Facility changes and change process,'' this work requires a
license amendment because NFS determined that the uranium purification
and conversion services: (1) have the potential to introduce new
accident scenarios to the existing NRC-licensed activities that, unless
mitigated or prevented, would exceed the performance requirements of 10
CFR 70.61, ``Performance requirements,'' and have not previously been
described in the integrated safety analysis summary; and (2) use new
processes, technologies, or control systems for which the licensee has
no prior experience.
As documented in an administrative completeness review, dated March
25, 2022, NRC found the application, as supplemented, acceptable for a
technical review. During the technical review, the NRC will review the
application, as supplemented, in areas that include, but are not
limited to, radiation safety, chemical safety, fire safety, security,
environmental protection, and material control/accountability. Prior to
reaching a decision on the request to amend SNM license number SNM-124,
the NRC will need to conduct a review and make a determination in
accordance with the Atomic Energy Act of 1954, as amended (the Act),
and the NRC's regulations. The NRC's findings will be documented in a
safety evaluation report.
II. Additional Information
On April 27, 2022, the NRC issued a notice in the Federal Register
(87 FR 25054) regarding the referenced license amendment request with a
60-day period to request a hearing ending June 27, 2022. After
receiving a request from a petitioner to extend the deadline, citing
hardships related to the ongoing COVID-19 pandemic, the NRC granted a
30-day extension to the original deadline. After receiving another
request to grant an additional extension, the NRC decided to re-issue
this notice and to include procedures to access SUNSI for any potential
party who believes that access to SUNSI is necessary to respond to this
notice.
III. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS.
------------------------------------------------------------------------
Document description ADAMS Accession No.
------------------------------------------------------------------------
Cover letter from NFS for license ML21327A099.
amendment request with summary of
changes, affidavit on trade secrets or
commercial information, and Attachment
1--Proposed License Application, dated
November 18, 2021.
Attachment 2--Proposed Integrated Safety ML21327A097 (non-public,
Analysis Summary. withheld pursuant to 10 CFR
2.390).
Attachment 3--Proposed Emergency Plan... ML21327A098 (non-public,
withheld pursuant to 10 CFR
2.390).
Attachment 4--Proposed Supplemental ML21327A101 (non-public,
Environmental Report. withheld pursuant to 10 CFR
2.390).
Attachment 5--Proposed Decommissioning ML21327A100 (non-public,
Cost Estimate. withheld pursuant to 10 CFR
2.390).
Request for supplemental information ML22014A421.
from NRC, dated January 21, 2022.
Cover letter from NFS for response to ML22066B004.
supplemental information with affidavit
on trade secrets or commercial
information, dated February 24, 2022.
Attachment--Response to request for ML22066B003 (non-public,
supplementation information. withheld pursuant to 10 CFR
2.390).
Enclosure--Proposed Supplemental ML22066B005.
Environmental Report, dated November
30, 2021.
Cover letter from NFS on additional ML22069A315.
supplemental background information
with affidavit on trade secrets or
commercial information, dated February
24, 2022.
[[Page 53509]]
Enclosure A--Seismic Evaluation of the ML22069A316 (non-public,
Nuclear Fuel Services Fuel Fabrication withheld pursuant to 10 CFR
Facility. 2.390).
Enclosure B--Seismic Evaluation of ML22069A317 (non-public,
Equipment for Nuclear Fuel Services withheld pursuant to 10 CFR
Fuel Fabrication Facility. 2.390).
Enclosure C--Integrated Safety Analysis ML22069A318 (non-public,
Summary, Revision 1, for Building 301 withheld pursuant to 10 CFR
Highly Enriched Uranium Metal 2.390).
Production Facility.
Acceptance of application from NRC for ML22080A238.
detailed technical review of the NFS U-
metal license amendment request, dated
March 25, 2022.
------------------------------------------------------------------------
IV. 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. If a petition is filed, the presiding
officer will rule on the petition and, if appropriate, a notice of a
hearing will be issued.
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 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) no later
than 60 days from the date of publication of this notice.
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 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. 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 further
discussed, 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's public 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 time-stamps 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 9:00
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal 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
[[Page 53510]]
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 previously described, 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. 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 Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing or
opportunity for hearing, 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 addresses 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 this individual 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.
(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 this
individual 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
[[Page 53511]]
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, 78 FR 34247, June 7, 2013) 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 for
processing and resolving requests under these procedures.
It is so ordered.
Dated: August 25, 2022.
For the Nuclear Regulatory Commission.
Brooke P. Clark,
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 or opportunity for hearing, 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
Agreement or Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement or
Affidavit 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
Agreements or Affidavits. Access provided to
SUNSI consistent with decision issuing the
protective order.
A + 28................ Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to) the
information and the deadline for filing all
other contentions (as established in the notice
of hearing or notice of opportunity for
hearing), the petitioner may file its SUNSI
contentions by that later deadline.
A + 53................ (Contention receipt +25) Answers to contentions
whose development depends upon access to SUNSI.
A + 60................ (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 60............... Decision on contention admission.
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[FR Doc. 2022-18775 Filed 8-30-22; 8:45 am]
BILLING CODE 7590-01-P
