Application for Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Consideration Determination and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 87898-87902 [2024-23822]

Download as PDF 87898 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices supplement electronic submissions by uploading document files electronically. Comments and submissions are posted without change at https:// www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download through this website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the https:// www.regulations.gov website to submit comments and access the docket is available at the website’s ‘‘User Tips’’ link. Contact the OSHA Docket Office for information about materials not available through the website, and for assistance in using the internet to locate docket submissions. V. Authority and Signature James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor’s Order No 8–2020 (85 FR 58393). Signed at Washington, DC, on October 30, 2024. James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2024–25621 Filed 11–4–24; 8:45 am] BILLING CODE 4510–26–P NUCLEAR REGULATORY COMMISSION [NRC–2024–0181] Application for Amendments to Facility Operating Licenses Involving Proposed No Significant Hazards Consideration Determination and Containing Sensitive Unclassified NonSafeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information Nuclear Regulatory Commission. ACTION: License amendment request; notice of opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures. ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: The U.S. Nuclear Regulatory Commission (NRC) received and is SUMMARY: VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 considering approval of a request to amend four licenses. The request is for Braidwood Station, Units 1 and 2, and Byron Station, Unit Nos. 1 and 2. For each license amendment, the NRC proposes to determine that it involves no significant hazards consideration (NSHC). Because the request contains sensitive unclassified non-safeguards information (SUNSI), an order imposes procedures to obtain access to SUNSI for contention preparation by persons who file a hearing request or petition for leave to intervene. DATES: Comments must be received by December 5, 2024. A request for a hearing or petitions for leave to intervene must be filed by January 6, 2025. Any potential party as defined in section 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who believes access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information (SUNSI) is necessary to respond to this notice must request document access by November 15, 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–2024–0181. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: 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: Angela Baxter, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–8209; email: Angela.Baxter@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2024– 0181, facility name, unit numbers, PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 docket numbers, application date, and subject 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–2024–0181. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2024–0181, facility name, unit numbers, docket numbers, application date, and subject, 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 E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices submissions available to the public or entering the comment into ADAMS. ddrumheller on DSK120RN23PROD with NOTICES1 II. Background Pursuant to section 189a.(1)–(2) of the Atomic Energy Act of 1954, as amended (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 NSHC, notwithstanding the pendency before the Commission of a request for a hearing from any person. This notice includes notice of amendments containing SUNSI. III. Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing The Commission has made a proposed determination that the following request involves NSHC. 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 shown as follows. The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. 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 amendments involve 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 derating or shutdown of the VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 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 on those amendments will take place after issuance. The Commission expects that the need to take this action 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 a current copy of 10 CFR 2.309. If a petition is filed, the Commission or a 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 request involves no significant hazards consideration, the Commission may issue the amendments and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendments. 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 amendments 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. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 87899 A State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this notice. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c). For information about filing a petition and about participation by a person not a party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053 (https:// adamswebsearch2.nrc.gov/webSearch2/ main.jsp?Accession Number=ML20340A053) and on the NRC’s public website at https:// www.nrc.gov/about-nrc/regulatory/ adjudicatory/hearing.html#participate. 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 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 E:\FR\FM\05NON1.SGM 05NON1 87900 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC’s public website at https:// www.nrc.gov/site-help/e-submittals/ getting-started.html. After a digital ID certificate is obtained and a docket created, the participant must submit adjudicatory documents in Portable Document Format. Guidance on submissions is available on the NRC’s public website at https://www.nrc.gov/ site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email confirming receipt of the document. The E-Filing system also distributes an email that provides access to the document to the NRC’s Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed to obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public website at https:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., ET, Monday through Friday, except Federal holidays. Participants who believe that they have good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted in accordance with 10 CFR 2.302(b)–(d). Participants filing adjudicatory documents in this manner are responsible for serving their documents on all other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1). Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket, which is publicly available at https:// adams.nrc.gov/ehd, unless excluded pursuant to an order of the presiding officer. If you do not have an NRCissued digital ID certificate as previously described, click ‘‘cancel’’ when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing 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 plant names, docket numbers, date of application, ADAMS accession number, and location in the application of the licensee’s proposed NSHC determination. For further details with respect to this license amendment application, see the application for amendment, publicly available portions of which is available for public inspection in ADAMS. For additional direction on accessing information related to this document, see the ‘‘Obtaining Information and Submitting Comments’’ section of this document. Constellation Energy Generation, LLC; Braidwood Station, Units 1 and 2, Will County, IL; Byron Station, Unit Nos. 1 and 2, Ogle County, IL Docket Nos ......................................................................... Application Date ................................................................. ADAMS Accession No ....................................................... Location in Application of NSHC ....................................... Brief Description of Amendments ...................................... Proposed Determination .................................................... Name of Attorney for Licensee, Mailing Address .............. NRC Project Manager, Telephone Number ....................... ddrumheller on DSK120RN23PROD with NOTICES1 Order Imposing Procedures for Access to Sensitive Unclassified NonSafeguards Information for Contention Preparation Constellation Energy Generation, LLC; Braidwood Station, Units 1 and 2, Will County, IL; Byron Station, Unit Nos. 1 and 2, Ogle County, IL A. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing Sensitive VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 50–454, 50–455, 50–456, 50–457. May 28, 2024. ML24149A125 (Package). Pages 29–32 of Attachment 1. The requested amendments would revise Braidwood Station, Units 1 and 2, and Byron Station, Unit Nos. 1 and 2, technical specifications to allow the use of Framatome GAIA fuel. NSHC. Jason Zorn, Associate General Counsel, Constellation Energy Generation, LLC, 4300 Winfield Road Warrenville, IL 60555. Joel Wiebe, 301–415–6606. Unclassified Non-Safeguards Information (SUNSI). B. Within 10 days after publication of this notice of hearing or opportunity for hearing, any potential party who believes access to SUNSI is necessary to respond to this notice may request access to SUNSI. A ‘‘potential party’’ is any person who intends to participate as a party by demonstrating standing and filing an admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 publication of this notice will not be considered absent a showing of good cause for the late filing, addressing why the request could not have been filed earlier. C. The requestor shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemakings and Adjudications Staff, and provide a copy to the Deputy General Counsel for Licensing, E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices Hearings, and Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. The expedited delivery or courier mail address for both offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email addresses for the Office of the Secretary and the Office of the General Counsel are Hearing.Docket@nrc.gov and RidsOgcMailCenter.Resource@nrc.gov, respectively.1 The request must include the following information: (1) A description of the licensing action with a citation to this Federal Register notice; (2) The name and address of the potential party and a description of the potential party’s particularized interest that could be harmed by the action identified in C.(1); and (3) The identity of the individual or entity requesting access to SUNSI and the requestor’s basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention. D. Based on an evaluation of the information submitted under paragraph C, the NRC staff will determine within 10 days of receipt of the request whether: (1) There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and (2) The requestor has established a legitimate need for access to SUNSI. E. If the NRC staff determines that the requestor satisfies both D.(1) and D.(2), the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 2 setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. F. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI must be filed by the requestor no later than 25 days after receipt of (or access to) that information. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. G. Review of Denials of Access. (1) If the request for access to SUNSI is denied by the NRC staff after a determination on standing and requisite need, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial. (2) The requestor may challenge the NRC staff’s adverse determination by filing a challenge within 5 days of receipt of that determination with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if this individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. (3) Further appeals of decisions under this paragraph must be made pursuant to 10 CFR 2.311. 87901 H. Review of Grants of Access. A party other than the requestor may challenge an NRC staff determination granting access to SUNSI whose release would harm that party’s interest independent of the proceeding. Such a challenge must be filed within 5 days of the notification by the NRC staff of its grant of access and must be filed with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has been appointed, the Chief Administrative Judge, or if this individual is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another officer has been designated to rule on information access issues, with that officer. If challenges to the NRC staff determinations are filed, these procedures give way to the normal process for litigating disputes concerning access to information. The availability of interlocutory review by the Commission of orders ruling on such NRC staff determinations (whether granting or denying access) is governed by 10 CFR 2.311.3 I. The Commission expects that the NRC staff and presiding officers (and any other reviewing officers) will consider and resolve requests for access to SUNSI, and motions for protective orders, in a timely fashion in order to minimize any unnecessary delays in identifying those petitioners who have standing and who have propounded contentions meeting the specificity and basis requirements in 10 CFR part 2. The attachment to this Order summarizes the general target schedule for processing and resolving requests under these procedures. It is so ordered. Dated: October 10, 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 IN THIS PROCEEDING Day Event/activity ddrumheller on DSK120RN23PROD with NOTICES1 0 ........................ Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access requests. 1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRC’s ‘‘E-Filing Rule,’’ the initial request to access SUNSI under these procedures should be submitted as described in this paragraph. 2 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 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. 3 Requestors should note that the filing requirements of the NRC’s E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures. E:\FR\FM\05NON1.SGM 05NON1 87902 Federal Register / Vol. 89, No. 214 / Tuesday, November 5, 2024 / Notices ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued Day Event/activity 10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: (i) supporting the standing of a potential party identified by name and address; and (ii) describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file NonDisclosure Agreement or Affidavit for SUNSI. If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 60 ...................... 20 ...................... 25 ...................... 30 ...................... 40 ...................... A ....................... A + 3 ................. A + 28 ............... A + 53 ............... A + 60 ............... >A + 60 ............. [FR Doc. 2024–23822 Filed 11–4–24; 8:45 am] BILLING CODE 7590–01–P OFFICE OF PERSONNEL MANAGEMENT Chief Human Capital Officers (CHCO) Council; Virtual Public Meeting Office of Personnel Management. ACTION: Notice of meeting. AGENCY: The Chief Human Capital Officers (CHCO) Council plans to meet on Tuesday, December 10, 2024. The meeting will start at 9:00 a.m. EST and will be held on Zoom. FOR FURTHER INFORMATION CONTACT: Bridget Patterson, Administrative Support Specialist, CHCOCouncil@ opm.gov, 202–936–0321. SUPPLEMENTARY INFORMATION: The purpose of the meeting is for the CHCO Council to host their annual public meeting per Public Law 107–296. The CHCO Council is the principal interagency forum to advise and coordinate the activities of the agencies of its members on such matters as modernization of human resources systems, improved quality of human ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:07 Nov 04, 2024 Jkt 265001 resources information and legislation affecting human resources operations and organizations. Persons desiring to attend this public meeting of the Chief Human Capital Officers Council should contact OPM at least 5 business days in advance of the meeting date at the email address shown below. Note: If you require an accommodation, please contact chcocouncil@opm.gov no later than December 3, 2024. Office of Personnel Management. Kayyonne Marston, Federal Register Liaison. POSTAL REGULATORY COMMISSION [Docket Nos. MC2025–212 and K2025–210; MC2025–213 and K2025–211; MC2025–214 and K2025–212; MC2025–215 and K2025– 213; MC2025–216 and K2025–214; MC2025– 217 and K2025–215; MC2025–218 and K2025–216; MC2025–219 and K2025–217; MC2025–220 and K2025–218; MC2025–221 and K2025–219; MC2025–222 and K2025– 220; MC2025–223 and K2025–221; MC2025– 224 and K2025–222; MC2025–225 and K2025–223; MC2025–226 and K2025–224; MC2025–227 and K2025–225; MC2025–228 and K2025–226; MC2025–229 and K2025– 227] New Postal Products [FR Doc. 2024–25692 Filed 11–4–24; 8:45 am] AGENCY: BILLING CODE 6325–46–P ACTION: PO 00000 Postal Regulatory Commission. Notice. The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: November 7, 2024. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit SUMMARY: Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Notices]
[Pages 87898-87902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23822]


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NUCLEAR REGULATORY COMMISSION

[NRC-2024-0181]


Application for Amendments to Facility Operating Licenses 
Involving Proposed No Significant Hazards Consideration Determination 
and Containing Sensitive Unclassified Non-Safeguards Information and 
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; notice of opportunity to comment, 
request a hearing, and petition for leave to intervene; order imposing 
procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of a request to amend four licenses. The request 
is for Braidwood Station, Units 1 and 2, and Byron Station, Unit Nos. 1 
and 2. For each license amendment, the NRC proposes to determine that 
it involves no significant hazards consideration (NSHC). Because the 
request contains sensitive unclassified non-safeguards information 
(SUNSI), an order imposes procedures to obtain access to SUNSI for 
contention preparation by persons who file a hearing request or 
petition for leave to intervene.

DATES: Comments must be received by December 5, 2024. A request for a 
hearing or petitions for leave to intervene must be filed by January 6, 
2025. Any potential party as defined in section 2.4 of title 10 of the 
Code of Federal Regulations (10 CFR) who believes access to Sensitive 
Unclassified Non-Safeguards Information and Safeguards Information 
(SUNSI) is necessary to respond to this notice must request document 
access by November 15, 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-2024-0181. 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: Angela Baxter, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-8209; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0181, facility name, unit 
numbers, docket numbers, application date, and subject 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-2024-0181.
     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-2024-0181, facility name, unit numbers, docket 
numbers, application date, and subject, 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

[[Page 87899]]

submissions available to the public or entering the comment into ADAMS.

II. Background

    Pursuant to section 189a.(1)-(2) of the Atomic Energy Act of 1954, 
as amended (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 NSHC, notwithstanding the pendency before 
the Commission of a request for a hearing from any person.
    This notice includes notice of amendments containing SUNSI.

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

    The Commission has made a proposed determination that the following 
request involves NSHC. 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 shown as follows.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    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 
amendments involve 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 derating or shutdown 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 on those amendments will take 
place after issuance. The Commission expects that the need to take this 
action 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 a 
current copy of 10 CFR 2.309. If a petition is filed, the Commission or 
a 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 request 
involves no significant hazards consideration, the Commission may issue 
the amendments and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing would take place after issuance of 
the amendments. 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 amendments 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 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

[[Page 87900]]

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 plant names, docket numbers, date 
of application, ADAMS accession number, and location in the application 
of the licensee's proposed NSHC determination. For further details with 
respect to this license amendment application, see the application for 
amendment, publicly available portions of which is available for public 
inspection in ADAMS. For additional direction on accessing information 
related to this document, see the ``Obtaining Information and 
Submitting Comments'' section of this document.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
 Constellation Energy Generation, LLC; Braidwood Station, Units 1 and 2,
   Will County, IL; Byron Station, Unit Nos. 1 and 2, Ogle County, IL
------------------------------------------------------------------------
Docket Nos........................  50-454, 50-455, 50-456, 50-457.
Application Date..................  May 28, 2024.
ADAMS Accession No................  ML24149A125 (Package).
Location in Application of NSHC...  Pages 29-32 of Attachment 1.
Brief Description of Amendments...  The requested amendments would
                                     revise Braidwood Station, Units 1
                                     and 2, and Byron Station, Unit Nos.
                                     1 and 2, technical specifications
                                     to allow the use of Framatome GAIA
                                     fuel.
Proposed Determination............  NSHC.
Name of Attorney for Licensee,      Jason Zorn, Associate General
 Mailing Address.                    Counsel, Constellation Energy
                                     Generation, LLC, 4300 Winfield Road
                                     Warrenville, IL 60555.
NRC Project Manager, Telephone      Joel Wiebe, 301-415-6606.
 Number.
------------------------------------------------------------------------

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

Constellation Energy Generation, LLC; Braidwood Station, Units 1 and 2, 
Will County, IL; Byron Station, Unit Nos. 1 and 2, Ogle County, IL

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing or 
opportunity for hearing, any potential party who believes access to 
SUNSI is necessary to respond to this notice may request access to 
SUNSI. A ``potential party'' is any person who intends to participate 
as a party by demonstrating standing and filing an admissible 
contention under 10 CFR 2.309. Requests for access to SUNSI submitted 
later than 10 days after publication of this notice will not be 
considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Deputy General Counsel 
for Licensing,

[[Page 87901]]

Hearings, and Enforcement, Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. The expedited 
delivery or courier mail address for both offices is: U.S. Nuclear 
Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852. 
The email addresses for the Office of the Secretary and the Office of 
the General Counsel are [email protected] and 
[email protected], respectively.\1\ The request must 
include the following information:
---------------------------------------------------------------------------

    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C, the NRC staff will determine within 10 days of receipt of 
the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2), the NRC staff will notify the requestor in writing 
that access to SUNSI has been granted. The written notification will 
contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requestor may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) the presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if this individual is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) the 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if this 
individual is unavailable, another administrative judge, or an 
Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); 
or (c) if another officer has been designated to rule on information 
access issues, with that officer.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
---------------------------------------------------------------------------

    \3\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) apply to 
appeals of NRC staff determinations (because they must be served on 
a presiding officer or the Commission, as applicable), but not to 
the initial SUNSI request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. The 
attachment to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated: October 10, 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
                           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.

[[Page 87902]]

 
10...........................  Deadline for submitting requests for
                                access to Sensitive Unclassified Non-
                                Safeguards Information (SUNSI) with
                                information: (i) supporting the standing
                                of a potential party identified by name
                                and address; and (ii) describing the
                                need for the information in order for
                                the potential party to participate
                                meaningfully in an adjudicatory
                                proceeding.
60...........................  Deadline for submitting petition for
                                intervention containing: (i)
                                demonstration of standing; and (ii) all
                                contentions whose formulation does not
                                require access to SUNSI (+25 Answers to
                                petition for intervention; +7 petitioner/
                                requestor reply).
20...........................  U.S. Nuclear Regulatory Commission (NRC)
                                staff informs the requestor of the
                                staff's determination whether the
                                request for access provides a reasonable
                                basis to believe standing can be
                                established and shows need for SUNSI.
                                (NRC staff also informs any party to the
                                proceeding whose interest independent of
                                the proceeding would be harmed by the
                                release of the information.) If NRC
                                staff makes the finding of need for
                                SUNSI and likelihood of standing, NRC
                                staff begins document processing
                                (preparation of redactions or review of
                                redacted documents).
25...........................  If NRC staff finds no ``need'' or no
                                likelihood of standing, the deadline for
                                petitioner/requestor to file a motion
                                seeking a ruling to reverse the NRC
                                staff's denial of access; NRC staff
                                files copy of access determination with
                                the presiding officer (or Chief
                                Administrative Judge or other designated
                                officer, as appropriate). If NRC staff
                                finds ``need'' for SUNSI, the deadline
                                for any party to the proceeding whose
                                interest independent of the proceeding
                                would be harmed by the release of the
                                information to file a motion seeking a
                                ruling to reverse the NRC staff's grant
                                of access.
30...........................  Deadline for NRC staff reply to motions
                                to reverse NRC staff determination(s).
40...........................  (Receipt +30) If NRC staff finds standing
                                and need for SUNSI, deadline for NRC
                                staff to complete information processing
                                and file motion for Protective Order and
                                draft Non-Disclosure Agreement or
                                Affidavit. Deadline for applicant/
                                licensee to file Non-Disclosure
                                Agreement or Affidavit for SUNSI.
A............................  If access granted: issuance of presiding
                                officer or other designated officer
                                decision on motion for protective order
                                for access to sensitive information
                                (including schedule for providing access
                                and submission of contentions) or
                                decision reversing a final adverse
                                determination by the NRC staff.
A + 3........................  Deadline for filing executed Non-
                                Disclosure Agreements or Affidavits.
                                Access provided to SUNSI consistent with
                                decision issuing the protective order.
A + 28.......................  Deadline for submission of contentions
                                whose development depends upon access to
                                SUNSI. However, if more than 25 days
                                remain between the petitioner's receipt
                                of (or access to) the information and
                                the deadline for filing all other
                                contentions (as established in the
                                notice of hearing or notice of
                                opportunity for hearing), the petitioner
                                may file its SUNSI contentions by that
                                later deadline.
A + 53.......................  (Contention receipt +25) Answers to
                                contentions whose development depends
                                upon access to SUNSI.
A + 60.......................  (Answer receipt +7) Petitioner/Intervenor
                                reply to answers.
>A + 60......................  Decision on contention admission.
------------------------------------------------------------------------


[FR Doc. 2024-23822 Filed 11-4-24; 8:45 am]
BILLING CODE 7590-01-P
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