Holtec Decommissioning International, LLC, and Holtec Palisades, LLC; Palisades Nuclear Plant; Applications for Amendments to Renewed Facility Operating License Involving Proposed No Significant Hazards Considerations and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information, 64486-64493 [2024-17359]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64486-64493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17359]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255; NRC-2024-0130]


Holtec Decommissioning International, LLC, and Holtec Palisades, 
LLC; Palisades Nuclear Plant; Applications for Amendments to Renewed 
Facility Operating License Involving Proposed No Significant Hazards 
Considerations and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information and Safeguards Information

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
received and is considering issuance of four amendments to Renewed 
Facility Operating License (RFOL) No. DPR-20, that were requested by 
Holtec Decommissioning International, LLC (HDI), on behalf of Holtec 
Palisades, LLC, to support the potential reauthorization of power 
operations at the Palisades Nuclear Plant (PNP). For each amendment 
request, the NRC proposes to determine that they involve

[[Page 64487]]

no significant hazards consideration (NSHC). Because potential parties 
may deem it necessary to obtain access to sensitive unclassified non-
safeguards information (SUNSI) and safeguards information (SGI) to meet 
Commission requirements for intervention, the NRC is issuing an order 
imposing procedures to obtain access to SUNSI and SGI for contention 
preparation by persons who file a hearing request or petition for leave 
to intervene.

DATES: Comments must be filed by September 6, 2024. A request for a 
hearing or petition for leave to intervene must be filed by October 7, 
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 and/
or SGI is necessary to respond to this notice must request document 
access by August 19, 2024.

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-2024-0130. 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.
     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: Marlayna Doell, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-3178; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0130 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-2024-0130.
     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.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2024-0130 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

A. Background

    PNP consists of a single pressurized-water reactor located in 
Covert Township, Michigan, along the shoreline of Lake Michigan. 
Originally licensed for operation on March 24, 1971, the NRC issued a 
renewed operating license for PNP on January 17, 2007, with the renewed 
operating license term expiring on March 24, 2031.
    On June 13, 2022, Entergy Operations, Inc., the licensee who 
operated the facility prior to transfer of control of the PNP license 
to HDI and Holtec Palisades, LLC, submitted certifications that it had 
permanently ceased operations of PNP and permanently removed fuel from 
the reactor vessel in accordance with paragraph 10 CFR 50.82(a)(1). 
When the NRC docketed the certifications, the PNP RFOL No. DPR-20 no 
longer authorized operation of the reactor, or emplacement or retention 
of fuel into the reactor vessel, as provided by 10 CFR 50.82(a)(2).
    HDI is seeking to return PNP to power operations and has submitted 
several requests for NRC approval to support allowing the resumption of 
power operations through March 24, 2031, the end of the renewed 
facility operating license term under PNP RFOL No. DPR-20. These 
requests include four license amendment requests, which are the subject 
of this notice, a license transfer request, and an exemption request. 
The hearing opportunity for the license transfer request is being 
addressed by a separate notice published in today's issue of the 
Federal Register. Consistent with the Atomic Energy Act of 1954, as 
amended, and NRC regulations, the NRC is not publishing a notice of 
opportunity for hearing on the exemption request.

B. License Amendment Requests

    The NRC is considering issuance of amendments to RFOL No. DPR-20 
that were requested by HDI, on behalf of Holtec Palisades, LLC, to 
support reauthorization of commercial power operations at PNP. These 
license amendment requests are the subject of this notice and are 
listed in tabular form in Section III of this document.
    Before any issuance of the proposed license amendments, 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. Pursuant to 
Section 189a.(2) of the Act, the NRC is publishing this notice. The Act 
requires the Commission to publish notice of any amendments issued or 
proposed to be issued, and grants the Commission the authority to issue 
and make immediately effective any amendment to an operating license or 
combined license, as applicable, upon a determination by the Commission 
that such amendment involves no significant hazards consideration, 
notwithstanding

[[Page 64488]]

the pendency before the Commission of a request for a hearing from any 
person.
    The scope of this notice is limited to comments, requests for a 
hearing, and petitions for leave to intervene related to the four 
proposed license amendment requests listed in tabular form in Section 
III of this document. The proposed direct transfer of the PNP license 
from HDI to Palisades Energy, LLC, is available for comment, as well as 
the opportunity to request a hearing and petition for leave to 
intervene, in a separate notice published in today's issue of the 
Federal Register.
    The NRC staff also notes that, although the four amendment requests 
state that a categorical exclusion applies to the requested amendments, 
the NRC staff is not relying on a categorical exclusion for these 
actions but is instead preparing an environmental assessment (EA) to 
evaluate the environmental impacts from the proposed Federal actions 
related to reauthorizing power operations at PNP, which include the 
license amendment requests. The NRC's decision to prepare an EA and 
additional detail about the environmental review are discussed in the 
NRC's notice of intent to prepare an EA and conduct scoping, published 
on June 27, 2024 (89 FR 53659).

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

    The Commission has made a proposed determination that the four 
amendment requests listed in this notice involve no significant hazards 
consideration. Under the Commission's regulations in 10 CFR 50.92, this 
means that operation of the facility in accordance with the proposed 
amendments would not (1) involve a significant increase in the 
probability or consequences of an accident previously evaluated, or (2) 
create the possibility of a new or different kind of accident from any 
accident previously evaluated, or (3) involve a significant reduction 
in a margin of safety. The basis for this proposed determination for 
each amendment request is included in the license amendment requests as 
referenced in tabular form in Section III of this document.
    The Commission is seeking public comments on these proposed 
determinations. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determinations.
    Normally, the Commission will not issue the amendments until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue any of these license amendments before expiration 
of the 60-day period provided that its final determination is that the 
amendment involves no significant hazards consideration. In addition, 
the Commission may issue any of these amendments prior to the 
expiration of the 30-day comment period if circumstances change during 
the 30-day comment period such that failure to act in a timely way 
would result, for example, in prevention of resumption of operation of 
the facility. If the Commission takes action on any of these amendments 
prior to the expiration of either the comment period or the notice 
period, it will publish a notice of issuance in the Federal Register. 
If the Commission makes a final no significant hazards consideration 
determination for any of these amendments, any hearing will take place 
after issuance. The Commission expects that the need to take this 
action on any amendment before 60 days have elapsed will occur very 
infrequently.

A. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by any of these 
actions may file a request for a hearing and petition for leave to 
intervene (petition) with respect to that 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).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves no significant hazards consideration, the Commission 
may issue the amendment and make it immediately effective, 
notwithstanding the request for a hearing. Any hearing would take place 
after issuance of the amendment. If the final determination is that the 
amendment request involves a significant hazards consideration, then 
any hearing held would take place before the issuance of the amendment 
unless the Commission finds an imminent danger to the health or safety 
of the public, in which case it will issue an appropriate order or rule 
under 10 CFR part 2.
    A State, local governmental body, federally recognized Indian 
Tribe, or 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.

B. 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 in 
adjudicatory proceedings is located in the ``Electronic Information 
Exchange System Adjudicatory User's Guide'' (ADAMS Accession No. 
ML23150A083) 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

[[Page 64489]]

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 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 docket 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.
    The following table provides the topic and dates of each 
application, ADAMS accession number(s), and location in the application 
of HDI's proposed NSHC determination for each of the license amendment 
requests that support resumption of commercial power operation at PNP. 
For further details with respect to these license amendment 
applications, see the applications for amendment, publicly available 
portions of which are available for public inspection in ADAMS. For 
additional direction on accessing information related to these 
documents, see the ``Obtaining Information and Submitting Comments'' 
section of this document.

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   Request to Revise Operating License and Technical Specifications to
                 Support Resumption of Power Operations
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Application Date.............  December 14, 2023.
Supplement Date..............  July 9, 2024.
ADAMS Accession Nos..........  ML23348A148 and ML24191A422.
Location in Application of     Pages 91-94 of the Enclosure.
 NSHC.
Brief Description of           The proposed amendments would revise the
 Amendment.                     renewed facility operating license,
                                including the permanently defueled
                                technical specifications and the
                                environmental protection plan, to
                                support the resumption of power
                                operations at PNP.
Proposed Determination.......  NSHC.
Name of Attorney for           Jason Day, General Counsel, Holtec
 Licensee, Mailing Address.     Decommissioning International, LLC, 1
                                Holtec Boulevard, Camden, NJ 08104.
NRC Project Manager,           Marlayna Doell, 301-415-3178.
 Telephone Number.
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Request to Revise the Administrative Technical Specifications to Support
                     Resumption of Power Operations
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Application Date.............  February 9, 2024.
Supplement Date..............  July 31, 2024.
ADAMS Accession Nos..........  ML24040A089 and ML24213A082.
Location in Application of     Pages 19-21 of the Enclosure.
 NSHC.
Brief Description of           The proposed amendment would revise
 Amendment.                     selected sections of the permanently
                                defueled technical specifications to
                                support the resumption of power
                                operations at PNP.
Proposed Determination.......  NSHC.

[[Page 64490]]

 
Name of Attorney for           Jason Day, General Counsel, Holtec
 Licensee, Mailing Address.     Decommissioning International, LLC, 1
                                Holtec Boulevard, Camden, NJ 08104.
NRC Project Manager,           Marlayna Doell, 301-415-3178.
 Telephone Number.
------------------------------------------------------------------------
 Request to Revise the Palisades Emergency Plan to Support Resumption of
                            Power Operations
------------------------------------------------------------------------
Application Date.............  May 1, 2024.
Supplement Date..............  July 24, 2024.
ADAMS Accession No...........  ML24122C666 and ML24206A187.
Location in Application of     Pages 28-29 of the Enclosure.
 NSHC.
Brief Description of           The proposed amendment would revise the
 Amendment.                     PNP Site Emergency Plan and emergency
                                classification scheme to support the
                                resumption of power operations at PNP.
Proposed Determination.......  NSHC.
Name of Attorney for           Jason Day, General Counsel, Holtec
 Licensee, Mailing Address.     Decommissioning International, LLC, 1
                                Holtec Boulevard, Camden, NJ 08104.
NRC Project Manager,           Justin Poole, 301-415-2048.
 Telephone Number.
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  Request to Update the Main Steam Line Break Analysis Methodology for
                                Palisades
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Application Date.............  May 24, 2024.
ADAMS Accession No...........  ML24145A145.
Location in Application of     Pages 6-8 of the Enclosure.
 NSHC.
Brief Description of           The proposed amendment would allow the
 Amendment.                     use of the Framatome Inc. Topical Report
                                EMF-2310, Revision 1, Supplement 2P-A,
                                Revision 0, ``SRP Chapter 15 Non-LOCA
                                Methodology for Pressurized Water
                                Reactors,'' for application of the Biasi
                                Critical Heat Flux correlation in the
                                Post-Scram Main Steam Line Break (MSLB)
                                Analysis at PNP, which supports the
                                resumption of power operations at PNP.
Proposed Determination.......  NSHC.
Name of Attorney for           Jason Day, General Counsel, Holtec
 Licensee, Mailing Address.     Decommissioning International, LLC, 1
                                Holtec Boulevard, Camden, NJ 08104.
NRC Project Manager,           Justin Poole, 301-415-2048.
 Telephone Number.
------------------------------------------------------------------------

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

[[Page 64491]]

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 a Federal Bureau of Investigation 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, and
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    \4\ This fee is subject to change pursuant to the DCSA's 
adjustable billing rates.
---------------------------------------------------------------------------

    (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 in 10 CFR 73.59 that are exempt from the criminal history 
records check and background check requirements, 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 and/or a need to know the SGI requested.
    F. For requests for access to SUNSI, if the NRC staff determines 
that the requestor has satisfied 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 \5\ setting 
forth terms and conditions to prevent the unauthorized or inadvertent 
disclosure of SUNSI by each individual who will be granted access to 
SUNSI.
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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. These conditions may include, but are not limited to, the 
signing of a Non-Disclosure Agreement 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.
---------------------------------------------------------------------------

    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 and/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 opportunity for hearing), the petitioner 
may file its SUNSI and/or SGI contentions by that later deadline.
    J. Review of Denials of Access.
    (1) If the request for access to SUNSI and/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.

[[Page 64492]]

    (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 regarding 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) 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 and/
or SGI request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    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 and/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: August 1, 2024.

    For the Nuclear Regulatory Commission.
Carrie 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........................  Publication of Federal Register notice of
                            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).
                           SUNSI requests should include information:
                            (i) supporting the standing of a potential
                            party identified by name and address and
                            (ii) describing the requestor's need for the
                            information in order for the potential party
                            to participate meaningfully in an
                            adjudicatory proceeding.
                           SGI requests should include information: (i)
                            supporting the standing of a potential party
                            identified by name and address; (ii)
                            describing why the information is necessary
                            to enable the requestor to proffer and/or
                            adjudicate a specific contention in the
                            adjudicatory proceeding; (iii) demonstrating
                            technical competence of the requestor to use
                            the SGI to provide the basis and specificity
                            for a proffered contention; and (iv)
                            including the application and fee for the
                            fingerprint/background check.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) demonstration
                            of standing and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            and/or SGI (+25 Answers to petition for
                            intervention; +7 requestor/petitioner
                            reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requestor of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows (1)
                            need for SUNSI and/or (2) need to know 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'' for SUNSI and/
                            or no ``need to know'' for SGI, 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.

[[Page 64493]]

 
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 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 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 for
                            hearing), the petitioner may file its SUNSI
                            and/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.
------------------------------------------------------------------------

[FR Doc. 2024-17359 Filed 8-6-24; 8:45 am]
BILLING CODE 7590-01-P