Cimarron Environmental Response Trust; Cimarron Facility, 33932-33936 [2023-11128]
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Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Notices
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regulatory analysis to assess the value of
issuing or revising a regulatory guide as
well as alternative courses of action.
The development of both application
guidance and staff review guidance is
warranted. If finalized, this ISG will
serve as the non-LWR application and
review guidance for control of routine
plant radioactive effluents, plant
contamination and solid waste.
IV. Availability of Documents
The table in this notice provides the
document description, ADAMS
accession number, and, if appropriate,
the docket identification number
referencing the request for public
comment on supporting documents
associated with the document that is the
subject of this FRN.
Document description
ADAMS
accession No.
Regulations.gov
docket ID No.
Draft Interim Staff Guidance DANU–ISG–2022–01 ‘‘Advanced Reactor Content of Application Project, ‘Review of Risk-Informed, Technology Inclusive Advanced Reactor Applications—Roadmap’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–02, ‘‘Advanced Reactor Content of Application Project
Chapter 2, ‘Site Information’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–03, ‘‘Advanced Reactor Content of Application Project
Chapter 9, ‘Control of Routine Plant Radioactive Effluents, Plant Contamination and Solid Waste’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–04, ‘‘Advanced Reactor Content of Application Project
Chapter 10, ‘Control of Occupational Dose’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–05, ‘‘Advanced Reactor Content of Application Project
Chapter 11, ‘Organization and Human-System Considerations’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–06, ‘‘Advanced Reactor Content of Application Project
Chapter 12, ‘Post-Construction Inspection, Testing, and Analysis Program’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–07, ‘‘Advanced Reactor Content of Application Project,
‘Risk-informed Inservice Inspection/Inservice Testing’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–08, ‘‘Advanced Reactor Content of Application Project,
‘Risk-Informed Technical Specifications’ ’’.
Draft Interim Staff Guidance DANU–ISG–2022–09, ‘‘Advanced Reactor Content of Application Project,
‘Risk-informed Performance-based Fire Protection Program (for Operations)’ ’’.
DG–1404, ‘‘Guidance for a Technology-Inclusive Content of Application Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light-Water
Reactors’’.
Regulatory Analysis for ARCAP ISGs ...............................................................................................................
ML22048B546
NRC–2022–0074
ML22048B541
NRC–2022–0075
ML22048B543
NRC–2022–0076
ML22048B544
NRC–2022–0077
ML22048B542
NRC–2022–0078
ML22048B545
NRC–2022–0079
ML22048B549
NRC–2022–0080
ML22048B548
NRC–2022–0081
ML22048B547
NRC–2022–0082
ML22076A003
NRC–2022–0073
ML23093A099
NRC–2022–0074
V. Backfitting, Forward Fitting, and
Issue Finality
NUCLEAR REGULATORY
COMMISSION
DANU–ISG–2022–03, if finalized,
would not constitute backfitting as
defined in 10 CFR 50.109, ‘‘Backfitting,’’
and as described in Management
Directive (MD) 8.4, ‘‘Management of
Backfitting, Forward Fitting, Issue
Finality, and Information Requests’’;
constitute forward fitting as that term is
defined and described in MD 8.4; or
affect the issue finality of any approval
issued under 10 CFR part 52. The
guidance would not apply to any
current licensees or applicants or
existing or requested approvals under
10 CFR part 52, and therefore its
issuance cannot be a backfit or forward
fit or affect issue finality. Further, as
explained in DANU–ISG–2022–03,
applicants and licensees would not be
required to comply with the positions
set forth in DANU–ISG–2022–03.
[Docket No. 70–0925; NRC–2023–0087]
Dated: May 22, 2023.
For the Nuclear Regulatory Commission.
Steven T. Lynch,
Chief, Advanced Reactor Policy Branch,
Division of Advanced Reactors and NonPower Production and Utilization Facilities,
Office of Nuclear Reactor Regulation.
[FR Doc. 2023–11191 Filed 5–24–23; 8:45 am]
BILLING CODE 7590–01–P
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Cimarron Environmental Response
Trust; Cimarron Facility
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to provide comments,
request a hearing and to petition for
leave to intervene; order imposing
procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has received a
license amendment application from
Cimarron Environmental Response
Trust (CERT or the applicant) for the
Cimarron Facility, located in the city of
Guthrie, which is in Logan County,
Oklahoma. The license authorizes
Possession of Byproduct, Source, and
Special Nuclear Material (SNM–928). In
this amendment request, CERT requests
approval of its proposed Facility
Decommissioning Plan (DP), Revision 3
for the Cimarron Facility. The requested
license amendment is necessary for
CERT to complete the remaining
decommissioning activities needed for
the NRC to release the Cimarron site for
unrestricted use. The requested license
amendment is also necessary to
ultimately terminate SNM–928;
SUMMARY:
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however, license termination is a
separate action that requires a separate
application from CERT and a separate
NRC finding that the site is suitable for
release. Because the license application
contains Sensitive Unclassified NonSafeguards Information (SUNSI), an
order imposes procedures to obtain
access to this type of information for
contention preparation.
DATES: Submit comments by June 26,
2023. A request for a hearing or petition
for leave to intervene must be filed by
July 24, 2023. 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 June 5,
2023.
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–2023–0087. 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.
ADDRESSES:
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• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
James Smith, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
6103; email: James.Smith@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2023–
0087 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–2023–0087.
• 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 acceptance
letter, dated March 30, 2023 (ADAMS
Accession No. ML23074A100), contains
a table with 29 documents and their
accession numbers referenced in the
license amendment request, dated
October 7, 2022 (ADAMS Accession No.
ML22284A145).
• 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 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
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Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2023–0087 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Introduction
The NRC has received, by letter dated
October 7, 2022, an application to
amend SNM–928, which authorizes
Possession of Byproduct, Source, and
Special Nuclear Material (SNM–928).
The amendment requests approval of its
proposed Facility Decommissioning
Plan (DP), Revision 3 for the Cimarron
Facility in Guthrie, Oklahoma and
incorporation of the DP into its license,
by license amendment.
Since the Cimarron site has been in
decommissioning status, materials and
equipment, buildings and structures,
and surface and subsurface soils have
been decommissioned and much of the
original site has been released from
license. Previously, the site used
monitored natural attenuation to reduce
uranium concentrations in the
groundwater to levels that would meet
the groundwater release criteria
specified in the license. However, in
some portions of the site, uranium in
the groundwater exceeds those levels. In
2015, CERT therefore requested
revisions to the DP to modify the plan
from monitored natural attenuation to,
instead, allow for active groundwater
remediation with the goal of meeting the
180 picoCuries per liter total uranium
criteria for unrestricted use. In the
intervening years, CERT revised the DP
several times to address additional
technical and funding issues regarding
the active groundwater remediation
plan, but, previously, the information
submitted was not sufficient to support
a complete review. The licensee now
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seeks approval of Revision 3 of the DP,
which provides further details regarding
the active groundwater remediation
plans that specifically target areas for
groundwater remediation where the
concentration of uranium in
groundwater exceeds the NRC Criterion
for unrestricted release, as specified in
the license.
In addition to incorporating the
revised DP into the license, CERT also
requests several other revisions to
SNM–928. The license amendment
would authorize the possession of
Technetium-99 (Tc-99) as a contaminant
in groundwater. Unrestricted release
criteria for Tc-99 are not stipulated in
license SNM–928. However, Tc-99
exists in the groundwater as a
contaminant from the residual Tc-99 in
the uranium hexafluoride cylinders
used at the facility. Addition of the Tc99 to the license would allow the
licensee to possess and dispose of any
contaminated material because
treatment of the groundwater may result
in concentration of the Tc-99 in the ion
exchange media above acceptable
concentration limits. Any waste stream
containing detectable Tc-99 would have
to be disposed of as low-level
radioactive waste.
The license amendment would also
distinguish between the possession
limit for ‘‘in-process’’ U–235 and U–235
in packaged waste that complies with
fissile exemption criteria.
Distinguishing between the possession
limit for ‘‘in-process’’ U–235 and U–235
in packaged waste that complies with
fissile exemption criteria will clarify the
requirements for each type of material
that is possessed to avoid confusion in
the future during operation of the
groundwater treatment facility.
Additionally, the license amendment
would clarify the authorized place of
use to include subsurface areas where
the groundwater exceeds the NRC
Criterion, and areas where such licensed
material will be transported or managed.
Clarifying the authorized place of use to
include areas previously released from
the license, in which groundwater
exceeding the NRC Criterion is present
in the subsurface and areas where such
licensed material will be transported or
managed, will clearly define the
authorized places of use requiring
radiological controls and surveillance
during the life of the treatment facility.
This will also inform the areas needing
characterization in future final status
surveys to eventually terminate the
license at the end of the groundwater
treatment process.
Finally, the license amendment
would eliminate references to
documents relevant to previous
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decommissioning activities of facilities
and soil that are no longer relevant to
ongoing decommissioning activities.
Eliminating references to documents
relevant to previously existing
decommissioning activities of facilities
and soil that are no longer relevant to
ongoing decommissioning activities will
eliminate confusion in identifying
program requirements that are relevant
to the operation of the groundwater
treatment facility and not pre-existing
and released facilities.
An NRC administrative completeness
review found the application acceptable
for a technical review (ADAMS
Accession No. ML23074A100). Prior to
approving the proposed action, the NRC
will need to make the findings required
by 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 and an environmental
assessment. The environmental
assessment will be the subject of a
subsequent notice in the Federal
Register.
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III. Notice and Solicitation of
Comments
In accordance with 10 CFR 20.1405,
the Commission is providing notice and
soliciting comments from local and
State governments in the vicinity of the
site and any Federally recognized
Indian tribe that could be affected by the
decommissioning. This notice and
solicitation of comments is published
pursuant to 10 CFR 20.1405, which
provides for publication in the Federal
Register and in a forum, such as local
newspapers, letters to State or local
organizations, or other appropriate
forum, that is readily accessible to
individuals in the vicinity of the site.
Comments should be provided within
30 days of the date of this notice.
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. Interested
persons should consult 10 CFR 2.309. 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
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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?Accession
Number=ML20340A053) and on the
NRC’s 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/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)
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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/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, 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
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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
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
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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
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, 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
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
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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Federal Register / Vol. 88, No. 101 / Thursday, May 25, 2023 / Notices
2.318(a); or (c) if another officer has
been designated to rule on information
access issues, with that officer.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
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
for processing and resolving requests
under these procedures.
It is so ordered.
Dated: May 19, 2023.
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.
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 NonDisclosure 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.
10 ....................
60 ....................
20 ....................
25 ....................
30 ....................
40 ....................
A .....................
A + 3 ...............
A + 28 .............
A + 53 .............
A + 60 .............
>A + 60 ...........
Nuclear Regulatory
Commission.
The U.S. Nuclear Regulatory
Commission (NRC) is soliciting public
comment on its draft Interim Staff
Guidance (ISG) DANU–ISG–2022–04,
Chapter 10, ‘‘Control of Occupational
Dose.’’ The purpose of this proposed
ISG is to provide guidance to assist the
NRC staff in determining whether an
application for a non-light water reactor
(non-LWR) design that uses the
Licensing Modernization Project (LMP)
process meets the minimum
requirements for construction permits,
operating licenses, manufacturing
licenses, standard design approval, or
design certifications.
DATES: Submit comments by July 10,
2023. 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.
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.
Draft guidance; request for
comment.
ACTION:
[FR Doc. 2023–11128 Filed 5–24–23; 8:45 am]
BILLING CODE 7590–01–P
SUMMARY:
NUCLEAR REGULATORY
COMMISSION
lotter on DSK11XQN23PROD with NOTICES1
[NRC–2022–0077]
Draft Interim Staff Guidance: Advanced
Reactor Content of Application Project
Chapter 10, ‘‘Control of Occupational
Dose’’
AGENCY:
VerDate Sep<11>2014
18:04 May 24, 2023
Jkt 259001
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]]>Agencies
[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33932-33936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11128]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-0925; NRC-2023-0087]
Cimarron Environmental Response Trust; Cimarron Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to provide comments,
request a hearing and to petition for leave to intervene; order
imposing procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
license amendment application from Cimarron Environmental Response
Trust (CERT or the applicant) for the Cimarron Facility, located in the
city of Guthrie, which is in Logan County, Oklahoma. The license
authorizes Possession of Byproduct, Source, and Special Nuclear
Material (SNM-928). In this amendment request, CERT requests approval
of its proposed Facility Decommissioning Plan (DP), Revision 3 for the
Cimarron Facility. The requested license amendment is necessary for
CERT to complete the remaining decommissioning activities needed for
the NRC to release the Cimarron site for unrestricted use. The
requested license amendment is also necessary to ultimately terminate
SNM-928; however, license termination is a separate action that
requires a separate application from CERT and a separate NRC finding
that the site is suitable for release. Because the license application
contains Sensitive Unclassified Non-Safeguards Information (SUNSI), an
order imposes procedures to obtain access to this type of information
for contention preparation.
DATES: Submit comments by June 26, 2023. A request for a hearing or
petition for leave to intervene must be filed by July 24, 2023. 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 June 5, 2023.
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-2023-0087. 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.
[[Page 33933]]
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: James Smith, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-6103; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0087 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-2023-0087.
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 acceptance letter, dated March
30, 2023 (ADAMS Accession No. ML23074A100), contains a table with 29
documents and their accession numbers referenced in the license
amendment request, dated October 7, 2022 (ADAMS Accession No.
ML22284A145).
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
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2023-0087 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC has received, by letter dated October 7, 2022, an
application to amend SNM-928, which authorizes Possession of Byproduct,
Source, and Special Nuclear Material (SNM-928). The amendment requests
approval of its proposed Facility Decommissioning Plan (DP), Revision 3
for the Cimarron Facility in Guthrie, Oklahoma and incorporation of the
DP into its license, by license amendment.
Since the Cimarron site has been in decommissioning status,
materials and equipment, buildings and structures, and surface and
subsurface soils have been decommissioned and much of the original site
has been released from license. Previously, the site used monitored
natural attenuation to reduce uranium concentrations in the groundwater
to levels that would meet the groundwater release criteria specified in
the license. However, in some portions of the site, uranium in the
groundwater exceeds those levels. In 2015, CERT therefore requested
revisions to the DP to modify the plan from monitored natural
attenuation to, instead, allow for active groundwater remediation with
the goal of meeting the 180 picoCuries per liter total uranium criteria
for unrestricted use. In the intervening years, CERT revised the DP
several times to address additional technical and funding issues
regarding the active groundwater remediation plan, but, previously, the
information submitted was not sufficient to support a complete review.
The licensee now seeks approval of Revision 3 of the DP, which provides
further details regarding the active groundwater remediation plans that
specifically target areas for groundwater remediation where the
concentration of uranium in groundwater exceeds the NRC Criterion for
unrestricted release, as specified in the license.
In addition to incorporating the revised DP into the license, CERT
also requests several other revisions to SNM-928. The license amendment
would authorize the possession of Technetium-99 (Tc-99) as a
contaminant in groundwater. Unrestricted release criteria for Tc-99 are
not stipulated in license SNM-928. However, Tc-99 exists in the
groundwater as a contaminant from the residual Tc-99 in the uranium
hexafluoride cylinders used at the facility. Addition of the Tc-99 to
the license would allow the licensee to possess and dispose of any
contaminated material because treatment of the groundwater may result
in concentration of the Tc-99 in the ion exchange media above
acceptable concentration limits. Any waste stream containing detectable
Tc-99 would have to be disposed of as low-level radioactive waste.
The license amendment would also distinguish between the possession
limit for ``in-process'' U-235 and U-235 in packaged waste that
complies with fissile exemption criteria. Distinguishing between the
possession limit for ``in-process'' U-235 and U-235 in packaged waste
that complies with fissile exemption criteria will clarify the
requirements for each type of material that is possessed to avoid
confusion in the future during operation of the groundwater treatment
facility.
Additionally, the license amendment would clarify the authorized
place of use to include subsurface areas where the groundwater exceeds
the NRC Criterion, and areas where such licensed material will be
transported or managed. Clarifying the authorized place of use to
include areas previously released from the license, in which
groundwater exceeding the NRC Criterion is present in the subsurface
and areas where such licensed material will be transported or managed,
will clearly define the authorized places of use requiring radiological
controls and surveillance during the life of the treatment facility.
This will also inform the areas needing characterization in future
final status surveys to eventually terminate the license at the end of
the groundwater treatment process.
Finally, the license amendment would eliminate references to
documents relevant to previous
[[Page 33934]]
decommissioning activities of facilities and soil that are no longer
relevant to ongoing decommissioning activities. Eliminating references
to documents relevant to previously existing decommissioning activities
of facilities and soil that are no longer relevant to ongoing
decommissioning activities will eliminate confusion in identifying
program requirements that are relevant to the operation of the
groundwater treatment facility and not pre-existing and released
facilities.
An NRC administrative completeness review found the application
acceptable for a technical review (ADAMS Accession No. ML23074A100).
Prior to approving the proposed action, the NRC will need to make the
findings required by 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 and an environmental assessment. The
environmental assessment will be the subject of a subsequent notice in
the Federal Register.
III. Notice and Solicitation of Comments
In accordance with 10 CFR 20.1405, the Commission is providing
notice and soliciting comments from local and State governments in the
vicinity of the site and any Federally recognized Indian tribe that
could be affected by the decommissioning. This notice and solicitation
of comments is published pursuant to 10 CFR 20.1405, which provides for
publication in the Federal Register and in a forum, such as local
newspapers, letters to State or local organizations, or other
appropriate forum, that is readily accessible to individuals in the
vicinity of the site. Comments should be provided within 30 days of the
date of this notice.
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. Interested persons should consult 10 CFR
2.309. 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's 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 a.m.
and 6 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
[[Page 33935]]
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 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, 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
[[Page 33936]]
2.318(a); or (c) if another officer has been designated to rule on
information access issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\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.
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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: May 19, 2023.
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
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Day Event/activity
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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. 2023-11128 Filed 5-24-23; 8:45 am]
BILLING CODE 7590-01-P
