[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Proposed Rules]
[Pages 43569-43570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15189]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

RIN 3150-AI08


Interlocutory Review of Rulings on Requests by Potential Parties 
for Access to Sensitive Unclassified Non-Safeguards Information and 
Safeguards Information; Reopening of Public Comment Period and Notice 
of Availability of Proposed Procedures for Comment

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: Reopening of public comment period and notice of 
availability of proposed procedures for comment.

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SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is 
reopening the public comment period for an additional 30 days on a 
proposed rule published on June 11, 2007. The NRC is also making 
available for comment proposed procedures that would allow potential 
parties to NRC adjudications, as well as their representatives, to gain 
access to Sensitive Unclassified Non-Safeguards Information (SUNSI) or 
Safeguards Information (SGI).

DATES: The comment period on the proposed rule expires on August 10, 
2007. The comment period on the proposed procedures that would allow 
potential parties to NRC adjudications, as well as their 
representatives, to gain access to SUNSI or SGI expires on September 5, 
2007. Comments received after this date will be considered if it is 
practical to do so, but the NRC is able to ensure consideration only 
for comments received on or before this date.

[[Page 43570]]


ADDRESSES: You may submit comments by any one of the following methods.
    If you are commenting on the proposed rule, please include the 
following number RIN 3150-AI08 in the subject line of your comments.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at 301-415-1966. You may also submit comments via the NRC's 
rulemaking Web site at http://ruleforum.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher 301-415-5905; e-mail 
[email protected]. Comments can also be submitted via the Federal eRulemaking 
Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
301-415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O1 F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor 
will copy documents for a fee.
    If you are commenting on the proposed procedures please include the 
following phrase ``proposed SUNSI/SGI access procedures'' in the 
subject line of your comments. The proposed procedures can be viewed 
and downloaded electronically via the NRC's public Web site at http://ruleforum.llnl.gov/cgi-bin/rulelist?type=ipcr. The proposed procedures 
also may be viewed electronically on the public computers located at 
the NRC's PDR, O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    Mail comments to: U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, Attn: Michael T. Lesar, Chief, Rulemaking, Directives, 
and Editing Branch, Office of Administration. E-mail comments to: 
[email protected]. Hand deliver comments to: 11555 Rockville Pike, 
Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal 
workdays. Fax comments to: 301-415-5144.
    Comments submitted in writing or in electronic form will be made 
available for public inspection. Because your comments will not be 
edited to remove any identifying or contact information, the NRC 
cautions you against including any information in your submission that 
you do not want to be publicly disclosed.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to [email protected].
    The ADAMS accession number for the procedures is ML071910149.

FOR FURTHER INFORMATION CONTACT: Patrick Moulding, Attorney, Office of 
the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-415-2549, e-mail [email protected].

SUPPLEMENTARY INFORMATION: On June 11, 2007 (72 FR 32018), the NRC 
published for public comment a proposed rule that would provide for 
expedited review by the Commission on orders on requests by potential 
parties for access to certain SUNSI and SGI. A 30-day comment period 
was provided for the proposed rule. The original comment period for the 
proposed rule expired on July 11, 2007. The NRC has reopened the 
comment period, which now expires on August 10, 2007.
    Commission regulations in 10 CFR part 2, ``Rules of Practice for 
Domestic Licensing Proceedings and Issuance of Orders'' govern the 
conduct of NRC adjudicatory proceedings. Potential parties who have 
requested or who may request a hearing or petition to intervene in a 
hearing under 10 CFR part 2 may need access to SUNSI (including, but 
not limited to, proprietary, confidential commercial, and security-
related information) or SGI as defined in 10 CFR 73.2 to meet 
Commission requirements for hearing requests or for intervention. The 
Commission is seeking comment on proposed procedures to allow potential 
parties to submit information requests and enter into protective 
agreements prior to becoming a party to a proceeding so that those who 
demonstrate a legitimate need for SUNSI or SGI can receive relevant 
documents to prepare a valid contention. The proposed procedures 
reflect the longstanding practice of staff access determinations in the 
first instance, subject to review by a presiding officer if contested. 
The proposed procedures also describe how the public will be informed 
of this process. The proposed procedures address:
    (1) When and where to submit requests for access to SUNSI and SGI 
that is possessed by the NRC; \1\
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    \1\ The proposed procedures do not address information possessed 
solely by a licensee or applicant.
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    (2) Who will assess initially whether the proposed recipient has 
shown a need for SUNSI (or need to know for SGI) and a likelihood of 
establishing standing;
    (3) Who will decide initially whether the proposed recipient is 
qualified (i.e., trustworthy and reliable) to receive SGI;
    (4) Use of nondisclosure affidavits/agreements and protective 
orders; and
    (5) Time periods for making standing, need, and access 
determinations, producing documents, submitting contentions, and 
seeking review of adverse determinations.
    These proposed procedures also include a ``pre-clearance'' process 
that would permit a potential party who may seek access to SGI to 
initiate the necessary background check in advance of a notice of 
opportunity for hearing.

    Dated at Rockville, Maryland, this 30th day of July 2007.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E7-15189 Filed 8-3-07; 8:45 am]
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