Purdue University; License Renewal Application, 9182-9187 [2024-02633]
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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices
accommodations (e.g., a transcript),
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listed above).
Dated: February 6, 2024.
David Travis,
Specialist, National Endowment for the Arts.
Merrily Harris,
Committee Management Officer.
Sunshine Act Meetings
[FR Doc. 2024–02732 Filed 2–8–24; 8:45 am]
BILLING CODE 7515–01–P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the Arts
Arts Advisory Panel Meetings
AGENCY:
National Endowment for the
Arts.
ACTION:
Notice of meetings.
Pursuant to the Federal
Advisory Committee Act, as amended,
notice is hereby given that 1 meeting of
the Arts Advisory Panel to the National
Council on the Arts will be held by
teleconference or videoconference.
DATES: See the SUPPLEMENTARY
INFORMATION section for individual
meeting times and dates. All meetings
are Eastern time and ending times are
approximate:
SUMMARY:
National Endowment for the
Arts, Constitution Center, 400 7th St.
SW, Washington, DC 20506.
FOR FURTHER INFORMATION CONTACT:
Further information with reference to
these meetings can be obtained from
David Travis, Office of Guidelines &
Panel Operations, National Endowment
for the Arts, Washington, DC 20506;
travisd@arts.gov, or call 202–682–5001.
SUPPLEMENTARY INFORMATION: The
closed portions of meetings are for the
purpose of Panel review, discussion,
evaluation, and recommendations on
financial assistance under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended,
including information given in
confidence to the agency. In accordance
with the determination of the Chair of
March 11, 2022, these sessions will be
closed to the public pursuant to 5 U.S.C.
10.
The upcoming meetings are:
FY25 Federal Advisory Committee on
International Exhibitions (review of
applications): This meeting will be
closed.
Date and time: March 12, 2024; 2 p.m.
to 4 p.m.
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ADDRESSES:
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[FR Doc. 2024–02693 Filed 2–8–24; 8:45 am]
BILLING CODE 7537–01–P
NATIONAL SCIENCE FOUNDATION
The National Science Board’s
Committee on Awards and Facilities
(A&F) hereby gives notice of the
scheduling of a teleconference for the
transaction of National Science Board
business pursuant to the NSF Act and
the Government in the Sunshine Act.
TIME AND DATE: Monday, February 12,
2024, from 1:00–2:00 p.m. Eastern.
PLACE: This meeting will be via
videoconference through the National
Science Foundation, 2415 Eisenhower
Avenue, Alexandria, VA 22314.
STATUS: Closed.
MATTERS TO BE CONSIDERED: The agenda
is: Committee Chair’s opening remarks
about the agenda; Discussion of the
Astro2020 Decadal Recommendations;
Vote on proposed resolution.
CONTACT PERSON FOR MORE INFORMATION:
Point of contact for this meeting is:
Chris Blair, cblair@nsf.gov, 703/292–
7000. Meeting information and updates
may be found at www.nsf.gov/nsb.
Christopher Blair,
Executive Assistant to the National Science
Board Office.
[FR Doc. 2024–02707 Filed 2–6–24; 4:15 pm]
BILLING CODE 7555–01–P
NATIONAL SCIENCE FOUNDATION
Service Contract Inventory; Notice of
Availability
National Science Foundation.
Notice.
AGENCY:
ACTION:
The Division of Acquisition
and Cooperative Support within the
National Science Foundation (NSF) is
publishing this notice to advise the
public of the availability of its Fiscal
Year (FY) 2023 Service Contracts
Inventory Analysis Report.
FOR FURTHER INFORMATION CONTACT:
Raymond McCollum, Policy Branch
Chief, Division of Acquisition and
Cooperative Support, National Science
Foundation. Phone: 703–292–4225;
email: rmccollu@nsf.gov.
SUPPLEMENTARY INFORMATION: NSF’s FY
2023 Service Contract Inventory
Analysis Report is included as part of a
governmentwide service contract
SUMMARY:
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inventory. The inventory includes
covered service contracts that were
awarded in FY 2023. The NSF analyzes
this data for the purpose of determining
whether its contract labor is being used
in an effective and appropriate manner
and if the mix of federal employees and
contractors in the agency is effectively
balanced. The report does not include
contractor proprietary or sensitive
information.
The FY 2023 Service Contract
Inventory Analysis Report is provided at
the following link: https://www.nsf.gov/
bfa/dcca/contracts/index.jsp.
Authority: 42 U.S.C. 1861, et seq.
Dated: February 2, 2024.
Raymond L. McCollum,
Policy Branch Chief, National Science
Foundation.
[FR Doc. 2024–02656 Filed 2–8–24; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–0152; NRC–2024–0021]
Purdue University; License Renewal
Application
Nuclear Regulatory
Commission.
ACTION: Acceptance for docketing;
opportunity to request a hearing and to
petition for leave to intervene; order
imposing procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has received an
application from Purdue University
(Purdue or the applicant), to renew
Special Nuclear Material (SNM) License
Number 142 (SNM–142). The renewed
license would authorize the applicant to
continue to use SNM in various research
operations, calibration, and testing at its
campus in West Lafayette, Indiana. If
the license renewal application is
approved, the license would authorize
Purdue to continue to possess and use
SNM under NRC regulations for 10
years beyond its current license.
Because the license application contains
sensitive unclassified non-safeguards
information (SUNSI) and safeguards
information (SGI), an order imposes
procedures to obtain access to SUNSI
and SGI for contention preparation.
DATES: A request for a hearing or
petition for leave to intervene must be
filed by April 9, 2024. 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 or
SGI is necessary to respond to this
notice must request document access by
February 20, 2024.
SUMMARY:
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Please refer to Docket ID
NRC–2024–0021 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0021. 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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in this document.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. 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.
FOR FURTHER INFORMATION CONTACT:
Jenny Tobin, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
2328; email: Jennifer.Tobin@nrc.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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I. Introduction
The NRC received, by letter dated
September 18, 2023 (ADAMS Package
Accession No. ML23268A087), an
application from Purdue to renew its
license, SNM–142. Purdue is authorized
to use SNM under 10 CFR part 70,
‘‘Domestic Licensing of Special Nuclear
Material,’’ at its campus in West
Lafayette for research operations,
calibration, and testing. More
specifically, Purdue may possess and
use SNM for, among other things,
activities associated with the study of
thermal and mechanical properties of
uranium dioxide (UO2); activation
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analysis studies, instrument calibration,
and other research projects as approved
by the university’s radiation safety
committee using plutonium-beryllium
(PuBe) sources; and activities associated
with the Fast Breeder Blanket Facility.
The renewed SNM license would
allow Purdue to continue licensed
activities for 10 years. Purdue filed the
original license renewal application on
July 21, 2023, at least 30 days before the
license’s expiration date of September
25, 2023. This original application
included incorrect security markings,
leading Purdue to re-submit the
application (including all of the
enclosures) with the correct security
markings by letter dated September 18,
2023. The NRC staff docketed the
resubmitted application. Under 10 CFR
70.38(a), when a licensee files an
application for renewal not less than 30
days before the expiration date of the
existing license, the license will not
expire until the Commission makes a
final determination regarding the
license renewal application. Although
the original renewal request was
incorrectly marked, Purdue submitted it
at least 30 days before the expiration
date. Therefore, pursuant to the timely
renewal provisions in 10 CFR 70.38(a),
Purdue is permitted to continue using
its SNM in accordance with the existing
SNM–142 license, pending final
decision by the Commission on the
license renewal application.
An NRC acceptance review of the
revised application, dated December 13,
2023 (ADAMS Accession No.
ML23324A448), found the application
acceptable for a technical review. In its
letter accepting the application for a
technical review, the NRC included
three observations related to
information the NRC could potentially
request during the technical review.
These observations where that: (1) the
application was not updated to include
financial awareness of the Nuclear
Energy Innovation and Modernization
Act and the requirements therein; (2)
the material control and accounting
portions of the application included
outdated regulatory citations; and (3)
the radioactive waste management
program at Purdue is tied to the NRC’s
broadscope license under 10 CFR part
33 and thus, the application should
highlight what commitments are needed
for the renewal of the part 70 SNM
license. During the technical review, the
NRC will evaluate the application for
radiation safety, nuclear criticality
safety, chemical safety, fire safety,
security, decommissioning,
decommissioning financial assurance,
and material control/accountability. The
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NRC will document its findings in a
safety evaluation report.
II. 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
renewal of the special nuclear materials
license. 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 within 60 days, 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?Accession
Number=ML20340A053) and on the RC
website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/
hearing.html#participate.
III. 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
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internet, or in some cases, to mail copies
on electronic storage media, unless an
exemption permitting an alternative
filing method, as discussed below, is
granted. Detailed guidance on electronic
submissions is located in the Guidance
for Electronic Submissions to the NRC
(ADAMS Accession No. ML13031A056)
and on the NRC website at https://
www.nrc.gov/site-help/esubmittals.html.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
Hearing.Docket@nrc.gov, or by
telephone at 301–415–1677, to (1)
request a digital identification (ID)
certificate, which allows the participant
(or its counsel or representative) to
digitally sign submissions and access
the E-Filing system for any proceeding
in which it is participating; and (2)
advise the Secretary that the participant
will be submitting a petition or other
adjudicatory document (even in
instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
Based upon this information, the
Secretary will establish an electronic
docket for the proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. After a digital ID
certificate is obtained and a docket
created, the participant must submit
adjudicatory documents in Portable
Document Format. Guidance on
submissions is available on the NRC’s
public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. ET on the due date. Upon receipt
of a transmission, the E-Filing system
timestamps the document and sends the
submitter an email confirming receipt of
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
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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
must be submitted in accordance with
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving their
documents on all other participants.
Participants granted an exemption
under 10 CFR 2.302(g)(2) must still meet
the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the presiding
officer. If you do not have an NRCissued digital ID certificate as described
above, click ‘‘cancel’’ when the link
requests certificates and you will be
automatically directed to the NRC’s
electronic hearing dockets where you
will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information such as social
security numbers, home addresses, or
personal phone numbers in their filings
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants should not include
copyrighted materials in their
submission.
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Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information and Safeguards
Information for Contention Preparation
A. This Order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing sensitive
unclassified information (including
Sensitive Unclassified Non-Safeguards
Information (SUNSI) and Safeguards
Information (SGI)). Requirements for
access to SGI are primarily set forth in
10 CFR parts 2 and 73. Nothing in this
Order is intended to conflict with the
SGI regulations.
B. Within 10 days after publication of
this notice of hearing or opportunity for
hearing, any potential party who
believes access to SUNSI or SGI is
necessary to respond to this notice may
request access to SUNSI or SGI. A
‘‘potential party’’ is any person who
intends to participate as a party by
demonstrating standing and filing an
admissible contention under 10 CFR
2.309. Requests for access to SUNSI or
SGI submitted later than 10 days after
publication will not be considered
absent a showing of good cause for the
late filing, addressing why the request
could not have been filed earlier.
C. The requestor shall submit a letter
requesting permission to access SUNSI,
SGI, or both to the Office of the
Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy
to the 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);
1 While a request for hearing or petition to
intervene in this proceeding must comply with the
filing requirements of the NRC’s ‘‘E-Filing Rule,’’
the initial request to access SUNSI and/or SGI
under these procedures should be submitted as
described in this paragraph.
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(3) If the request is for SUNSI, the
identity of the individual or entity
requesting access to SUNSI and the
requestor’s basis for the need for the
information in order to meaningfully
participate in this adjudicatory
proceeding. In particular, the request
must explain why publicly available
versions of the information requested
would not be sufficient to provide the
basis and specificity for a proffered
contention; and
(4) If the request is for SGI, the
identity of each individual who would
have access to SGI if the request is
granted, including the identity of any
expert, consultant, or assistant who will
aid the requestor in evaluating the SGI.
In addition, the request must contain
the following information:
(a) A statement that explains each
individual’s ‘‘need to know’’ the SGI, as
required by 10 CFR 73.2 and 10 CFR
73.22(b)(1). Consistent with the
definition of ‘‘need to know’’ as stated
in 10 CFR 73.2, the statement must
explain:
(i) Specifically, why the requestor
believes that the information is
necessary to enable the requestor to
proffer and/or adjudicate a specific
contention in this proceeding; 2 and
(ii) The technical competence
(demonstrable knowledge, skill, training
or education) of the requestor to
effectively utilize the requested SGI to
provide the basis and specificity for a
proffered contention. The technical
competence of a potential party or its
counsel may be shown by reliance on a
qualified expert, consultant, or assistant
who satisfies these criteria.
(b) A completed Form SF–85,
‘‘Questionnaire for Non-Sensitive
Positions,’’ for each individual who
would have access to SGI. The
completed Form SF–85 will be used by
the Office of Administration to conduct
the background check required for
access to SGI, as required by 10 CFR
part 2, subpart C, and 10 CFR
73.22(b)(2), to determine the requestor’s
trustworthiness and reliability. For
security reasons, Form SF–85 can only
be submitted electronically through the
National Background Investigation
Services e-App system, a secure website
that is owned and operated by the
Defense Counterintelligence and
Security Agency (DCSA). To obtain
2 Broad SGI requests under these procedures are
unlikely to meet the standard for need to know;
furthermore, NRC staff redaction of information
from requested documents before their release may
be appropriate to comport with this requirement.
These procedures do not authorize unrestricted
disclosure or less scrutiny of a requestor’s need to
know than ordinarily would be applied in
connection with an already-admitted contention or
non-adjudicatory access to SGI.
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online access to the form, the requestor
should contact the NRC’s Office of
Administration at 301–415–3710.3
(c) A completed Form FD–258
(fingerprint card), signed in original ink,
and submitted in accordance with 10
CFR 73.57(d). Copies of Form FD–258
will be provided in the background
check request package supplied by the
Office of Administration for each
individual for whom a background
check is being requested. The
fingerprint card will be used to satisfy
the requirements of 10 CFR part 2,
subpart C, 10 CFR 73.22(b)(1), and
Section 149 of the Atomic Energy Act of
1954, as amended, which mandates that
all persons with access to SGI must be
fingerprinted for an FBI identification
and criminal history records check.
(d) A check or money order payable
in the amount of $310.00 4 to the U.S.
Nuclear Regulatory Commission for
each individual for whom the request
for access has been submitted.
(e) If the requestor or any
individual(s) who will have access to
SGI believes they belong to one or more
of the categories of individuals that are
exempt from the criminal history
records check and background check
requirements in 10 CFR 73.59, the
requestor should also provide a
statement identifying which exemption
the requestor is invoking and explaining
the requestor’s basis for believing that
the exemption applies. While
processing the request, the Office of
Administration, Personnel Security
Branch, will make a final determination
whether the claimed exemption applies.
Alternatively, the requestor may contact
the Office of Administration for an
evaluation of their exemption status
prior to submitting their request.
Persons who are exempt from the
background check are not required to
complete the SF–85 or Form FD–258;
however, all other requirements for
access to SGI, including the need to
know, are still applicable.
Note: Copies of documents and materials
required by paragraphs C.(4)(b), (c), and (d)
of this Order must be sent to the following
address:
U.S. Nuclear Regulatory Commission,
Office of Administration, ATTN:
Personnel Security Branch, Mail Stop:
TWFN–07D04M, 11555 Rockville
Pike, Rockville, MD 20852
3 The requestor will be asked to provide the
requestor’s full name, social security number, date
and place of birth, telephone number, and email
address. After providing this information, the
requestor usually should be able to obtain access to
the online form within one business day.
4 This fee is subject to change pursuant to DCSA’s
adjustable billing rates.
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These documents and materials
should not be included with the request
letter to the Office of the Secretary, but
the request letter should state that the
forms and fees have been submitted as
required.
D. To avoid delays in processing
requests for access to SGI, the requestor
should review all submitted materials
for completeness and accuracy
(including legibility) before submitting
them to the NRC. The NRC will return
incomplete packages to the sender
without processing.
E. Based on an evaluation of the
information submitted under paragraphs
C.(3) or C.(4), as applicable, the NRC
staff will determine within 10 days of
receipt of the request whether:
(1) There is a reasonable basis to
believe the petitioner is likely to
establish standing to participate in this
NRC proceeding; and
(2) The requestor has established a
legitimate need for access to SUNSI or
need to know the SGI requested.
F. For requests for access to SUNSI, if
the NRC staff determines that the
requestor satisfies both E.(1) and E.(2),
the NRC staff will notify the requestor
in writing that access to SUNSI has been
granted. The written notification will
contain instructions on how the
requestor may obtain copies of the
requested documents, and any other
conditions that may apply to access to
those documents. These conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
or Affidavit, or Protective Order setting
forth terms and conditions to prevent
the unauthorized or inadvertent
disclosure of SUNSI by each individual
who will be granted access to SUNSI.5
G. For requests for access to SGI, if the
NRC staff determines that the requestor
has satisfied both E.(1) and E.(2), the
Office of Administration will then
determine, based upon completion of
the background check, whether the
proposed recipient is trustworthy and
reliable, as required for access to SGI by
10 CFR 73.22(b). If the Office of
Administration determines that the
individual or individuals are
trustworthy and reliable, the NRC will
promptly notify the requestor in writing.
The notification will provide the names
of approved individuals as well as the
conditions under which the SGI will be
provided. Those conditions may
include, but are not limited to, the
signing of a Non-Disclosure Agreement
5 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must
be filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 30 days of the deadline
for the receipt of the written access request.
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or Affidavit, or Protective Order 6 by
each individual who will be granted
access to SGI.
H. Release and Storage of SGI. Prior
to providing SGI to the requestor, the
NRC staff will conduct (as necessary) an
inspection to confirm that the
recipient’s information protection
system is sufficient to satisfy the
requirements of 10 CFR 73.22.
Alternatively, recipients may opt to
view SGI at an approved SGI storage
location rather than establish their own
SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any
contentions in these proceedings that
are based upon the information received
as a result of the request made for
SUNSI or SGI must be filed by the
requestor no later than 25 days after
receipt of (or access to) that information.
However, if more than 25 days remain
between the petitioner’s receipt of (or
access to) the information and the
deadline for filing all other contentions
(as established in the notice of hearing
or opportunity for hearing), the
petitioner may file its SUNSI or SGI
contentions by that later deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI
or SGI is denied by the NRC staff either
after a determination on standing and
requisite need, or after a determination
on trustworthiness and reliability, the
NRC staff shall immediately notify the
requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of
Administration makes a final adverse
determination regarding the
trustworthiness and reliability of the
proposed recipient(s) for access to SGI,
the Office of Administration, in
accordance with 10 CFR 2.336(f)(1)(iii),
must provide the proposed recipient(s)
any records that were considered in the
trustworthiness and reliability
determination, including those required
to be provided under 10 CFR
73.57(e)(1), so that the proposed
recipient(s) have an opportunity to
correct or explain the record.
(3) The requestor may challenge the
NRC staff’s adverse determination with
respect to access to SUNSI or with
respect to standing or need to know for
SGI by filing a challenge within 5 days
of receipt of that determination with: (a)
the presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if 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.
(4) The requestor may challenge the
Office of Administration’s final adverse
determination with respect to
trustworthiness and reliability for access
to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under
this paragraph must be made pursuant
to 10 CFR 2.311.
K. Review of Grants of Access. A
party other than the requestor may
challenge an NRC staff determination
granting access to SUNSI whose release
would harm that party’s interest
independent of the proceeding. Such a
challenge must be filed within 5 days of
the notification by the NRC staff of its
grant of access and must be filed with:
(a) the presiding officer designated in
this proceeding; (b) if no presiding
officer has been appointed, the Chief
Administrative Judge, or if 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
granting or denying access) is governed
by 10 CFR 2.311.7
L. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI or SGI, and motions for
protective orders, in a timely fashion in
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: February 5, 2024.
For the Nuclear Regulatory Commission.
Carrie M. Safford,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/activity
0 ...............
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) and/or Safeguards Information (SGI) with information: supporting the standing of a potential party identified by name and address; describing the need
for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that
access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/background check.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does
not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply).
ddrumheller on DSK120RN23PROD with NOTICES1
60 .............
6 Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be
filed with the presiding officer or the Chief
Administrative Judge if the presiding officer has not
yet been designated, within 180 days of the
VerDate Sep<11>2014
17:20 Feb 08, 2024
Jkt 262001
deadline for the receipt of the written access
request.
7 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012, 78 FR 34247, June 7, 2013)
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
apply to appeals of NRC staff determinations
(because they must be served on a presiding officer
or the Commission, as applicable), but not to the
initial SUNSI/SGI request submitted to the NRC
staff under these procedures.
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9187
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued
Day
Event/activity
20 .............
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI.
(For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed
by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins
document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to
know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history
records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections.
If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion
seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline
for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information
to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file
motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI.
(Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file
motion for Protective Order and draft Non-Disclosure Agreement or Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding
access to SGI, the proposed recipient must be provided an opportunity to correct or explain information.
Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR
2.336(f)(1)(iv).
If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25
days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI
or SGI contentions by that later deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
25 .............
30 .............
40 .............
190 ...........
205 ...........
A ..............
A + 3 ........
A + 28 ......
A + 53 ......
A + 60 ......
>A + 60 ....
telephone for advice on filing
alternatives.
[FR Doc. 2024–02633 Filed 2–8–24; 8:45 am]
BILLING CODE 7590–01–P
FOR FURTHER INFORMATION CONTACT:
POSTAL REGULATORY COMMISSION
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
[Docket Nos. CP2023–181; MC2024–182 and
CP2024–188; MC2024–183 and CP2024–189]
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
New Postal Products
AGENCY:
I. Introduction
ACTION:
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the Market Dominant or
the Competitive product list, or the
modification of an existing product
currently appearing on the Market
Dominant or the Competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
Postal Regulatory Commission.
Notice.
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: February 13,
2024.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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17:20 Feb 08, 2024
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PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s website (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3011.301.1
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern Market Dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3030, and 39
CFR part 3040, subpart B. For request(s)
that the Postal Service states concern
1 See Docket No. RM2018–3, Order Adopting
Final Rules Relating to Non-Public Information,
June 27, 2018, Attachment A at 19–22 (Order No.
4679).
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]]>Agencies
[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9182-9187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02633]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-0152; NRC-2024-0021]
Purdue University; License Renewal Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Acceptance for docketing; opportunity to request a hearing and
to petition for leave to intervene; order imposing procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an
application from Purdue University (Purdue or the applicant), to renew
Special Nuclear Material (SNM) License Number 142 (SNM-142). The
renewed license would authorize the applicant to continue to use SNM in
various research operations, calibration, and testing at its campus in
West Lafayette, Indiana. If the license renewal application is
approved, the license would authorize Purdue to continue to possess and
use SNM under NRC regulations for 10 years beyond its current license.
Because the license application contains sensitive unclassified non-
safeguards information (SUNSI) and safeguards information (SGI), an
order imposes procedures to obtain access to SUNSI and SGI for
contention preparation.
DATES: A request for a hearing or petition for leave to intervene must
be filed by April 9, 2024. 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 or SGI is necessary to respond to this notice
must request document access by February 20, 2024.
[[Page 9183]]
ADDRESSES: Please refer to Docket ID NRC-2024-0021 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0021. 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, at 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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.
FOR FURTHER INFORMATION CONTACT: Jenny Tobin, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-2328; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received, by letter dated September 18, 2023 (ADAMS Package
Accession No. ML23268A087), an application from Purdue to renew its
license, SNM-142. Purdue is authorized to use SNM under 10 CFR part 70,
``Domestic Licensing of Special Nuclear Material,'' at its campus in
West Lafayette for research operations, calibration, and testing. More
specifically, Purdue may possess and use SNM for, among other things,
activities associated with the study of thermal and mechanical
properties of uranium dioxide (UO2); activation analysis
studies, instrument calibration, and other research projects as
approved by the university's radiation safety committee using
plutonium-beryllium (PuBe) sources; and activities associated with the
Fast Breeder Blanket Facility.
The renewed SNM license would allow Purdue to continue licensed
activities for 10 years. Purdue filed the original license renewal
application on July 21, 2023, at least 30 days before the license's
expiration date of September 25, 2023. This original application
included incorrect security markings, leading Purdue to re-submit the
application (including all of the enclosures) with the correct security
markings by letter dated September 18, 2023. The NRC staff docketed the
resubmitted application. Under 10 CFR 70.38(a), when a licensee files
an application for renewal not less than 30 days before the expiration
date of the existing license, the license will not expire until the
Commission makes a final determination regarding the license renewal
application. Although the original renewal request was incorrectly
marked, Purdue submitted it at least 30 days before the expiration
date. Therefore, pursuant to the timely renewal provisions in 10 CFR
70.38(a), Purdue is permitted to continue using its SNM in accordance
with the existing SNM-142 license, pending final decision by the
Commission on the license renewal application.
An NRC acceptance review of the revised application, dated December
13, 2023 (ADAMS Accession No. ML23324A448), found the application
acceptable for a technical review. In its letter accepting the
application for a technical review, the NRC included three observations
related to information the NRC could potentially request during the
technical review. These observations where that: (1) the application
was not updated to include financial awareness of the Nuclear Energy
Innovation and Modernization Act and the requirements therein; (2) the
material control and accounting portions of the application included
outdated regulatory citations; and (3) the radioactive waste management
program at Purdue is tied to the NRC's broadscope license under 10 CFR
part 33 and thus, the application should highlight what commitments are
needed for the renewal of the part 70 SNM license. During the technical
review, the NRC will evaluate the application for radiation safety,
nuclear criticality safety, chemical safety, fire safety, security,
decommissioning, decommissioning financial assurance, and material
control/accountability. The NRC will document its findings in a safety
evaluation report.
II. 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 renewal of the special nuclear materials
license. 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 within 60
days, 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 RC website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
III. 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
[[Page 9184]]
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as
discussed below, is granted. Detailed guidance on electronic
submissions is located in the Guidance for Electronic Submissions to
the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system timestamps the document and sends the
submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, 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 electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as described above, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law 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 and Safeguards Information for Contention
Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
B. Within 10 days after publication of this notice of hearing or
opportunity for hearing, any potential party who believes access to
SUNSI or SGI is necessary to respond to this notice may request access
to SUNSI or SGI. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
or SGI submitted later than 10 days after publication will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI, SGI, or both to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the 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 and/or SGI
under these procedures should be submitted as described in this
paragraph.
---------------------------------------------------------------------------
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1);
[[Page 9185]]
(3) If the request is for SUNSI, the identity of the individual or
entity requesting access to SUNSI and the requestor's basis for the
need for the information in order to meaningfully participate in this
adjudicatory proceeding. In particular, the request must explain why
publicly available versions of the information requested would not be
sufficient to provide the basis and specificity for a proffered
contention; and
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically, why the requestor believes that the information
is necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
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\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
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(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct the background check required for access to SGI, as required by
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the
requestor's trustworthiness and reliability. For security reasons, Form
SF-85 can only be submitted electronically through the National
Background Investigation Services e-App system, a secure website that
is owned and operated by the Defense Counterintelligence and Security
Agency (DCSA). To obtain online access to the form, the requestor
should contact the NRC's Office of Administration at 301-415-3710.\3\
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\3\ The requestor will be asked to provide the requestor's full
name, social security number, date and place of birth, telephone
number, and email address. After providing this information, the
requestor usually should be able to obtain access to the online form
within one business day.
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(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 will be provided in the background check request package
supplied by the Office of Administration for each individual for whom a
background check is being requested. The fingerprint card will be used
to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR
73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as
amended, which mandates that all persons with access to SGI must be
fingerprinted for an FBI identification and criminal history records
check.
(d) A check or money order payable in the amount of $310.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
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\4\ This fee is subject to change pursuant to DCSA's adjustable
billing rates.
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(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of
Administration, Personnel Security Branch, will make a final
determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of
their exemption status prior to submitting their request. Persons who
are exempt from the background check are not required to complete the
SF-85 or Form FD-258; however, all other requirements for access to
SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address:
U.S. Nuclear Regulatory Commission, Office of Administration, ATTN:
Personnel Security Branch, Mail Stop: TWFN-07D04M, 11555 Rockville
Pike, Rockville, MD 20852
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.(3) or C.(4), as applicable, the NRC staff will determine
within 10 days of receipt of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(2), the NRC staff will
notify the requestor in writing that access to SUNSI has been granted.
The written notification will contain instructions on how the requestor
may obtain copies of the requested documents, and any other conditions
that may apply to access to those documents. These conditions may
include, but are not limited to, the signing of a Non-Disclosure
Agreement or Affidavit, or Protective Order setting forth terms and
conditions to prevent the unauthorized or inadvertent disclosure of
SUNSI by each individual who will be granted access to SUNSI.\5\
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\5\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2), the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement
[[Page 9186]]
or Affidavit, or Protective Order \6\ by each individual who will be
granted access to SGI.
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\6\ Any motion for Protective Order or draft Non- Disclosure
Agreement or Affidavit for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
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H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI must be filed by the requestor no later than 25 days
after receipt of (or access to) that information. However, if more than
25 days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI or SGI contentions by that later
deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and requisite need, or
after a determination on trustworthiness and reliability, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of Administration makes a final adverse
determination regarding the trustworthiness and reliability of the
proposed recipient(s) for access to SGI, the Office of Administration,
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an
opportunity to correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI or with respect to
standing or need to know for SGI by filing a challenge within 5 days of
receipt of that determination with: (a) the presiding officer
designated in this proceeding; (b) if no presiding officer has been
appointed, the Chief Administrative Judge, or if 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.
(4) The requestor may challenge the Office of Administration's
final adverse determination with respect to trustworthiness and
reliability for access to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if 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 granting or denying access) is governed by 10
CFR 2.311.\7\
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\7\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012, 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/SGI request submitted to the NRC staff under these
procedures.
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L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, and motions for protective orders, in a
timely fashion in order to minimize any unnecessary delays in
identifying those petitioners who have standing and who have propounded
contentions meeting the specificity and basis requirements in 10 CFR
part 2. The attachment to this Order summarizes the general target
schedule for processing and resolving requests under these procedures.
It is so ordered.
Dated: February 5, 2024.
For the Nuclear Regulatory Commission.
Carrie M. Safford,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
and Safeguards Information in This Proceeding
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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) and/or Safeguards
Information (SGI) with information: supporting
the standing of a potential party identified by
name and address; describing the need for the
information in order for the potential party to
participate meaningfully in an adjudicatory
proceeding; demonstrating that access should be
granted (e.g., showing technical competence for
access to SGI); and, for SGI, including
application fee for fingerprint/background
check.
60.................... Deadline for submitting petition for
intervention containing: (i) Demonstration of
standing; (ii) all contentions whose
formulation does not require access to SUNSI
and/or SGI (+25 Answers to petition for
intervention; +7 requestor/petitioner reply).
[[Page 9187]]
20.................... U.S. Nuclear Regulatory Commission (NRC) staff
informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe standing
can be established and shows (1) need for SUNSI
or (2) need to know for SGI. (For SUNSI, NRC
staff also informs any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information.) If NRC staff makes the finding of
need for SUNSI and likelihood of standing, NRC
staff begins document processing (preparation
of redactions or review of redacted documents).
If NRC staff makes the finding of need to know
for SGI and likelihood of standing, NRC staff
begins background check (including
fingerprinting for a criminal history records
check), information processing (preparation of
redactions or review of redacted documents),
and readiness inspections.
25.................... If NRC staff finds no ``need,'' no ``need to
know,'' or no likelihood of standing, the
deadline for requestor/petitioner to file a
motion seeking a ruling to reverse the NRC
staff's denial of access; NRC staff files copy
of access determination with the presiding
officer (or Chief Administrative Judge or other
designated officer, as appropriate). If NRC
staff finds ``need'' for SUNSI, the deadline
for any party to the proceeding whose interest
independent of the proceeding would be harmed
by the release of the information to file a
motion seeking a ruling to reverse the NRC
staff's grant of access.
30.................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40.................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file motion
for Protective Order and draft Non-Disclosure
Agreement or Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement or
Affidavit for SUNSI.
190................... (Receipt +180) If NRC staff finds standing, need
to know for SGI, and trustworthiness and
reliability, deadline for NRC staff to file
motion for Protective Order and draft Non-
Disclosure Agreement or Affidavit (or to make a
determination that the proposed recipient of
SGI is not trustworthy or reliable). Note:
Before the Office of Administration makes a
final adverse determination regarding access to
SGI, the proposed recipient must be provided an
opportunity to correct or explain information.
205................... Deadline for petitioner to seek reversal of a
final adverse NRC staff trustworthiness or
reliability determination under 10 CFR
2.336(f)(1)(iv).
A..................... If access granted: Issuance of a decision by a
presiding officer or other designated officer
on motion for protective order for access to
sensitive information (including schedule for
providing access and submission of contentions)
or decision reversing a final adverse
determination by the NRC staff.
A + 3................. Deadline for filing executed Non-Disclosure
Agreements or Affidavits. Access provided to
SUNSI and/or SGI consistent with decision
issuing the protective order.
A + 28................ Deadline for submission of contentions whose
development depends upon access to SUNSI and/or
SGI. However, if more than 25 days remain
between the petitioner's receipt of (or access
to) the information and the deadline for filing
all other contentions (as established in the
notice of opportunity to request a hearing and
petition for leave to intervene), the
petitioner may file its SUNSI or SGI
contentions by that later deadline.
A + 53................ (Contention receipt +25) Answers to contentions
whose development depends upon access to SUNSI
and/or SGI.
A + 60................ (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 60............... Decision on contention admission.
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[FR Doc. 2024-02633 Filed 2-8-24; 8:45 am]
BILLING CODE 7590-01-P
