Louisiana Energy Services, LLC, dba Urenco USA; National Enrichment Facility; License Amendment Application, 81579-81584 [2024-23264]
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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This notice, as
well as news releases and other relevant
information, are also available on the
Advisory Board’s web page at https://
www.dol.gov/owcp/energy/regs/
compliance/AdvisoryBoard.htm.
For further information regarding this
meeting, you may contact Ryan Jansen,
Designated Federal Officer, at
jansen.ryan@dol.gov, or Carrie Rhoads,
Alternate Designated Federal Officer, at
rhoads.carrie@dol.gov, U.S. Department
of Labor, 200 Constitution Avenue NW,
Suite S–3524, Washington, DC 20210,
telephone (202) 343–5580.
This is not a toll-free number.
Signed at Washington, DC, this 3rd day of
October, 2024.
Christopher Godfrey,
Director, Office of Workers’ Compensation
Programs.
[FR Doc. 2024–23266 Filed 10–7–24; 8:45 am]
BILLING CODE 4510–CR–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on the Medical
Uses of Isotopes: Meeting Notice
U.S. Nuclear Regulatory
Commission.
ACTION: Notice of meeting.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) will convene a
meeting of the Advisory Committee on
the Medical Uses of Isotopes (ACMUI)
on November 4–5, 2024. A sample of
agenda items to be discussed during the
public session includes: an overview of
the Advance Act; an update on the
Medical Radiation Safety Team’s
activities; ACMUI bylaws update; status
of patient release guidance revision;
NRC review of recent yttrium-90
microsphere medical events; and NRC
evaluation of current patient waste
regulations and guidance. The agenda is
subject to change. The current agenda
SUMMARY:
Date
Public Participation: Any member of
the public who wishes to participate in
the teleconference should contact Ms.
Armstead and Ms. Roszkowski using the
contact information below.
Contact Information: Ms. L.
Armstead, email: lxa5@nrc.gov and Ms.
T. Roszkowski, email: vnr@nrc.gov.
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Conduct of the Meeting
The ACMUI Chair, Dr. Hossein Jadvar,
will preside over the meeting. Dr. Jadvar
will conduct the meeting in a manner
that will facilitate the orderly conduct of
business. The following procedures
apply to public participation in the
meeting:
1. Persons who wish to provide a
written statement should submit an
electronic copy to Ms. L. Armstead and
Ms. T. Roszkowski using the contact
information listed above. All submittals
must be received by the close of
business on October 29, 2024, and must
only pertain to the topics on the agenda.
2. Questions and comments from
members of the public will be permitted
during the meeting, at the discretion of
the ACMUI Chair.
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and any updates will be available on the
ACMUI’s Meetings and Related
Documents web page at https://
www.nrc.gov/reading-rm/doccollections/acmui/meetings/2024.html
or by emailing Ms. L. Armstead and T.
Roszkowski at the contact information
below.
Purpose: Discuss issues related to 10
CFR part 35 Medical Use of Byproduct
Material.
Date and Time for Open Sessions:
November 4, 2024, from 10:00 a.m. to
4:35 p.m. EST.
Date and Time for Closed Session:
November 5, 2024, from 9:30 a.m. to
11:30 a.m. EST. This session will be
closed to conduct the ACMUI’s required
annual training.
Address for Public Meeting: This is a
virtual meeting
Webinar information (Microsoft Teams)
November 4–5, 2024 ................................................................
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Link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_
M2Q3MzczZWUtNGUxZS00ZWNlL
ThmNmUtNjM4Y2ZhYTYxYTA0%40thread.v2/0?context=%7b%22Tid%22%3
a%22e8d01475-c3b5-436a-a065-5def4c64f52e%22%2c%22O
id%22%3a%22304f46bf-32c2-4e0f-912c-878db895e74a%22%7d.
Meeting ID: 294 578 901 723.
Passcode: UaHF5t.
Call in number (audio only): +1 301–576–2978, Silver Spring, MD.
Phone Conference ID: 277 173 020#.
3. The draft transcript and meeting
summary will be available on ACMUI’s
website https://www.nrc.gov/readingrm/doc-collections/acmui/meetings/
2024.html on or about December 17,
2024.
4. Persons who require special
services, such as those for the hearing
impaired, should notify Ms. L.
Armstead and Ms. T. Roszkowski of
their planned participation.
This meeting will be held in
accordance with the Atomic Energy Act
of 1954, as amended (primarily Section
161a); the Federal Advisory Committee
Act (5 U.S.C. App); and the
Commission’s regulations in title 10 of
the Code of Federal Regulations, part 7.
Dated at Rockville, Maryland this this 2nd
day of October, 2024.
For the U.S. Nuclear Regulatory
Commission.
Russell E. Chazell,
Federal Advisory Committee Management
Officer.
[FR Doc. 2024–23168 Filed 10–7–24; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–3103; NRC–2024–0176]
Louisiana Energy Services, LLC, dba
Urenco USA; National Enrichment
Facility; License Amendment
Application
Nuclear Regulatory
Commission.
ACTION: Opportunity to request a hearing
and to petition for leave to intervene;
order imposing procedures.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) staff accepted and
docketed an application for the
amendment of Special Nuclear
Materials License No. SNM–2010,
submitted by Louisiana Energy Services,
LLC, dba Urenco USA dated November
30, 2023. The amended license would
authorize the applicant to modify the
National Enrichment Facility, located in
Eunice, New Mexico, to increase
enrichment from 5.5 weight percent
Uranium-235 (U–235) to less than 10
weight percent U–235. Because this
amendment request contains Sensitive
SUMMARY:
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Federal Register / Vol. 89, No. 195 / Tuesday, October 8, 2024 / Notices
Unclassified Non-Safeguards
Information (SUNSI), an order imposes
procedures to obtain access to SUNSI
and Safeguards Information (SGI) for
contention preparation.
DATES: Requests for a hearing or petition
for leave to intervene must be filed by
December 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 and/
or SGI is necessary to respond to this
notice must request document access by
October 18, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0176 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–2024–0176. 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 license
amendment request is available in
ADAMS under Accession No.
ML23334A122.
• 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:
Jonathan Rowley, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–4053; email:
Jonathan.Rowley@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC has received, by letter dated
November 30, 2023, an application from
Louisiana Energy Services, LLC, dba
Urenco USA, to amend materials license
SNM–2010 at the National Enrichment
Facility, located five miles east of
Eunice, New Mexico. The National
Enrichment Facility is a gas centrifuge
uranium enrichment facility authorized
to possess, use, and store special
nuclear material (SNM), source material,
and byproduct material. This
amendment request proposes an
increase of the enrichment limit in
SNM–2010 license from 5.5 weight
percent Uranium 235 (U–235) to less
than 10 weight percent U–235, which
Urenco USA calls Low Enriched
Uranium Plus (LEU+). The scope of the
request is limited to the systems,
structures, and components necessary
for the production, handling, and
storage of the LEU+ at the Urenco USA
site.
As documented in an administrative
completeness review, dated March 1,
2024, NRC found the application, as
supplemented, acceptable for a
technical review. During the technical
review, the NRC will review the
application, as supplemented, in areas
that include, but are not limited to,
radiation safety, chemical safety, fire
safety, security, environmental
protection, and material control/
accountability. Prior to reaching a
decision on the request to amend SNM–
2010, the NRC will need to conduct a
review and make a determination in
accordance with the Atomic Energy Act
of 1954, as amended (the Act), and the
NRC’s regulations. The NRC’s findings
will be documented in a safety
evaluation report.
II. Availability of Documents
The documents identified in the
following table are available to
interested persons through ADAMS.
Document description
ADAMS accession No.
Louisiana Energy Services, LLC, dba Urenco USA, License Amendment Request for Changes to License Conditions and Raise Enrichment Limit to Less Than 1 O Weight Percent for LEU+ Production Systems (LAR–23–02), dated November 30, 2023.
Enclosure 1—Louisiana Energy Services, LLC, Affidavit, dated November 30, 2023 ............................
Enclosure 2—Description of Proposed Changes and Appendix A .........................................................
Enclosure 3—Safety Analysis Report Markups .......................................................................................
Enclosure 4—Integrated Safety Assessment Markups ...........................................................................
Enclosure 5—Integrated Safety Assessment Changes Incorporated .....................................................
Enclosure 6—Fundamental Nuclear Material Control Program Markups ...............................................
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Enclosure 7—Emergency Plan Markups .................................................................................................
Enclosure 8—Environmental Information ................................................................................................
Acceptance for review of UUSA License Amendment Request for Changes to License Conditions
and Raise Enrichment Limit to Less than 10 Weight percent for LEU+ Production Systems, dated
March 1, 2024.
Letter and Enclosure 1: Request for Additional Information Regarding LES License Amendment Request for Changes to License Conditions and Raise Enrichment Limit for LEU+ and Urenco USA
Responses, dated July 12, 2024.
Enclosure 2: Request for Additional Information Regarding LES License Amendment Request 23–
02—Changes To License Conditions and Raise Enrichment Limit to Less than 10 Weight Percent
for Low Enriched Uranium Plus Production Systems, dated July 12, 2024.
Cover Letter—Responses to Requests for Additional Information, dated August 1, 2024 .....................
Enclosure 1: UUSA Response to MC&A RAIs, dated August 1, 2024 ...................................................
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ML23334A122.
ML23334A123.
ML23334A124 (non-public,
suant to 10 CFR 2.390).
ML23334A125.
ML23334A126 (non-public,
suant to 10 CFR 2.390).
ML23334A127 (non-public,
suant to 10 CFR 2.390).
ML23334A128 (non-public,
suant to 10 CFR 2.390).
ML23334A129 (non-public,
suant to 10 CFR 2.390).
ML23334A130.
ML24052A385.
withheld pur-
withheld purwithheld purwithheld purwithheld pur-
ML24187A155.
ML24193A241 (non-public, withheld pursuant to 10 CFR 2.390).
ML24214A300.
ML24214A301 (non-public, withheld pursuant to 10 CFR 2.390).
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Document description
ADAMS accession No.
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Enclosure 2: UUSA Responses to Human Factors Engineering and Environmental RAIs, dated August 1, 2024.
Cover Letter—Request for Additional Information Regarding Louisiana Energy Services, LLC License
Amendment Request 23–02—Changes to License Conditions and Raise Enrichment Limit to less
than 10 Weight Percent for LEU+ Production Systems (Part 2), dated September 16, 2024.
Enclosure 1—Request for Additional Information for the Integrated Safety Analysis Louisiana Energy
Services, LLC, dated September 16, 2024.
Enclosure 2—Request for Additional Information Louisiana Energy Services, LLC dba Urenco USA
License Amendment Request Nuclear Criticality Safety, dated September 16, 2024.
III. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any person
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult 10 CFR 2.309. If
a petition is filed, the presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than
60 days from the date of publication of
this notice in accordance with the filing
instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document. Petitions and motions for
leave to file new or amended
contentions that are filed after the
deadline will not be entertained absent
a determination by the presiding officer
that the filing demonstrates good cause
by satisfying the three factors in 10 CFR
2.309(c)(1)(i) through (iii).
A State, local governmental body,
Federally recognized Indian Tribe, or
designated agency thereof, may submit
a petition to the Commission to
participate as a party under 10 CFR
2.309(h) no later than 60 days from the
date of publication of this notice.
Alternatively, a State, local
governmental body, Federally
recognized Indian Tribe, or designated
agency thereof may participate as a nonparty under 10 CFR 2.315(c).
For information about filing a petition
and about participation by a person not
a party under 10 CFR 2.315, see ADAMS
Accession No. ML20340A053 (https://
adamswebsearch2.nrc.gov/webSearch2/
main.jsp?AccessionNumber=
ML20340A053) and on the NRC public
website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/hearing.
html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including
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documents filed by an interested State,
local governmental body, Federally
recognized Indian Tribe, or designated
agency thereof that requests to
participate under 10 CFR 2.315(c), must
be filed in accordance with 10 CFR
2.302. The E-Filing process requires
participants to submit and serve all
adjudicatory documents over the
internet, or in some cases, to mail copies
on electronic storage media, unless an
exemption permitting an alternative
filing method, as further discussed, is
granted. Detailed guidance on electronic
submissions is located in the ‘‘Guidance
for Electronic Submissions to the NRC’’
(ADAMS Accession No. ML13031A056)
and on the NRC’s public website at
https://www.nrc.gov/site-help/esubmittals.html.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
Hearing.Docket@nrc.gov, or by
telephone at 301–415–1677, to (1)
request a digital identification (ID)
certificate, which allows the participant
(or its counsel or representative) to
digitally sign submissions and access
the E-Filing system for any proceeding
in which it is participating; and (2)
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
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ML24214A302.
ML24248A189.
ML24248A190 (non-public, withheld pursuant to 10 CFR 2.390).
ML24248A191 (non-public, withheld pursuant to 10 CFR 2.390).
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. ET on the due date. Upon receipt
of a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email confirming
receipt of the document. The E-Filing
system also distributes an email that
provides access to the document to the
NRC’s Office of the General Counsel and
any others who have advised the Office
of the Secretary that they wish to
participate in the proceeding, so that the
filer need not serve the document on
those participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed to obtain access to
the documents via the E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., ET, Monday
through Friday, except Federal holidays.
Participants who believe that they
have good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
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
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participant also seeks and is granted an
exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
publicly available at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the presiding
officer. If you do not have an NRCissued digital ID certificate as
previously described, click ‘‘cancel’’
when the link requests certificates and
you will be automatically directed to the
NRC’s electronic hearing 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.
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–
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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);
(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
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
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.
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.
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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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.
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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
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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
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
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.
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
deadline for the receipt of the written access
request.
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81583
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
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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: October 3, 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 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: (i) supporting the standing of a potential party identified by name and address; (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; (iii) 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; and (ii) all contentions whose formulation does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for
access provides a reasonable basis to believe standing can be established and shows (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 NonDisclosure 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.
10 ......................
60 ......................
20 ......................
25 ......................
30 ......................
40 ......................
190 ....................
205 ....................
A .......................
A + 3 .................
A + 28 ...............
A + 53 ...............
A + 60 ...............
>A + 60 .............
[FR Doc. 2024–23264 Filed 10–7–24; 8:45 am]
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BILLING CODE 7590–01–P
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
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17:23 Oct 07, 2024
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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
PO 00000
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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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]]>Agencies
[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Notices]
[Pages 81579-81584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23264]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-3103; NRC-2024-0176]
Louisiana Energy Services, LLC, dba Urenco USA; National
Enrichment Facility; License Amendment Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to request a hearing and to petition for leave to
intervene; order imposing procedures.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff accepted
and docketed an application for the amendment of Special Nuclear
Materials License No. SNM-2010, submitted by Louisiana Energy Services,
LLC, dba Urenco USA dated November 30, 2023. The amended license would
authorize the applicant to modify the National Enrichment Facility,
located in Eunice, New Mexico, to increase enrichment from 5.5 weight
percent Uranium-235 (U-235) to less than 10 weight percent U-235.
Because this amendment request contains Sensitive
[[Page 81580]]
Unclassified Non-Safeguards Information (SUNSI), an order imposes
procedures to obtain access to SUNSI and Safeguards Information (SGI)
for contention preparation.
DATES: Requests for a hearing or petition for leave to intervene must
be filed by December 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 and/or SGI is necessary to respond to this
notice must request document access by October 18, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0176 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-2024-0176. 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 license amendment request is
available in ADAMS under Accession No. ML23334A122.
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: Jonathan Rowley, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-4053; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC has received, by letter dated November 30, 2023, an
application from Louisiana Energy Services, LLC, dba Urenco USA, to
amend materials license SNM-2010 at the National Enrichment Facility,
located five miles east of Eunice, New Mexico. The National Enrichment
Facility is a gas centrifuge uranium enrichment facility authorized to
possess, use, and store special nuclear material (SNM), source
material, and byproduct material. This amendment request proposes an
increase of the enrichment limit in SNM-2010 license from 5.5 weight
percent Uranium 235 (U-235) to less than 10 weight percent U-235, which
Urenco USA calls Low Enriched Uranium Plus (LEU+). The scope of the
request is limited to the systems, structures, and components necessary
for the production, handling, and storage of the LEU+ at the Urenco USA
site.
As documented in an administrative completeness review, dated March
1, 2024, NRC found the application, as supplemented, acceptable for a
technical review. During the technical review, the NRC will review the
application, as supplemented, in areas that include, but are not
limited to, radiation safety, chemical safety, fire safety, security,
environmental protection, and material control/accountability. Prior to
reaching a decision on the request to amend SNM-2010, the NRC will need
to conduct a review and make a determination in accordance with the
Atomic Energy Act of 1954, as amended (the Act), and the NRC's
regulations. The NRC's findings will be documented in a safety
evaluation report.
II. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS.
----------------------------------------------------------------------------------------------------------------
Document description ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
Louisiana Energy Services, LLC, dba Urenco USA, ML23334A122.
License Amendment Request for Changes to License
Conditions and Raise Enrichment Limit to Less
Than 1 O Weight Percent for LEU+ Production
Systems (LAR-23-02), dated November 30, 2023.
Enclosure 1--Louisiana Energy Services, LLC, ML23334A123.
Affidavit, dated November 30, 2023.
Enclosure 2--Description of Proposed Changes and ML23334A124 (non-public, withheld pursuant to 10 CFR 2.390).
Appendix A.
Enclosure 3--Safety Analysis Report Markups....... ML23334A125.
Enclosure 4--Integrated Safety Assessment Markups. ML23334A126 (non-public, withheld pursuant to 10 CFR 2.390).
Enclosure 5--Integrated Safety Assessment Changes ML23334A127 (non-public, withheld pursuant to 10 CFR 2.390).
Incorporated.
Enclosure 6--Fundamental Nuclear Material Control ML23334A128 (non-public, withheld pursuant to 10 CFR 2.390).
Program Markups.
Enclosure 7--Emergency Plan Markups............... ML23334A129 (non-public, withheld pursuant to 10 CFR 2.390).
Enclosure 8--Environmental Information............ ML23334A130.
Acceptance for review of UUSA License Amendment ML24052A385.
Request for Changes to License Conditions and
Raise Enrichment Limit to Less than 10 Weight
percent for LEU+ Production Systems, dated March
1, 2024.
Letter and Enclosure 1: Request for Additional ML24187A155.
Information Regarding LES License Amendment
Request for Changes to License Conditions and
Raise Enrichment Limit for LEU+ and Urenco USA
Responses, dated July 12, 2024.
Enclosure 2: Request for Additional Information ML24193A241 (non-public, withheld pursuant to 10 CFR 2.390).
Regarding LES License Amendment Request 23-02--
Changes To License Conditions and Raise
Enrichment Limit to Less than 10 Weight Percent
for Low Enriched Uranium Plus Production Systems,
dated July 12, 2024.
Cover Letter--Responses to Requests for Additional ML24214A300.
Information, dated August 1, 2024.
Enclosure 1: UUSA Response to MC&A RAIs, dated ML24214A301 (non-public, withheld pursuant to 10 CFR 2.390).
August 1, 2024.
[[Page 81581]]
Enclosure 2: UUSA Responses to Human Factors ML24214A302.
Engineering and Environmental RAIs, dated August
1, 2024.
Cover Letter--Request for Additional Information ML24248A189.
Regarding Louisiana Energy Services, LLC License
Amendment Request 23-02--Changes to License
Conditions and Raise Enrichment Limit to less
than 10 Weight Percent for LEU+ Production
Systems (Part 2), dated September 16, 2024.
Enclosure 1--Request for Additional Information ML24248A190 (non-public, withheld pursuant to 10 CFR 2.390).
for the Integrated Safety Analysis Louisiana
Energy Services, LLC, dated September 16, 2024.
Enclosure 2--Request for Additional Information ML24248A191 (non-public, withheld pursuant to 10 CFR 2.390).
Louisiana Energy Services, LLC dba Urenco USA
License Amendment Request Nuclear Criticality
Safety, dated September 16, 2024.
----------------------------------------------------------------------------------------------------------------
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or designated agency thereof may participate as a non-
party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings 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
[[Page 81582]]
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.
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:
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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; 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
[[Page 81583]]
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
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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 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
[[Page 81584]]
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: October 3, 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
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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: (i)
supporting the standing of a potential party
identified by name and address; (ii)
describing the need for the information in
order for the potential party to participate
meaningfully in an adjudicatory proceeding;
(iii) 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; and (ii) all contentions whose
formulation does not require access to SUNSI
and/or SGI (+25 Answers to petition for
intervention; +7 petitioner/requestor
reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows (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. 2024-23264 Filed 10-7-24; 8:45 am]
BILLING CODE 7590-01-P
