[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22443-22448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9087]
[[Page 22443]]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-281]
Virginia Electric And Power Company Surry Power Station, Unit No.
2; Notice of Consideration of Issuance of Amendment to Facility
Operating License, Proposed No Significant Hazards Consideration
Determination, and Opportunity for a Hearing and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information
The U.S. Nuclear Regulatory Commission (the Commission) is
considering issuance of an amendment to Facility Operating License No.
DPR-37 issued to Virginia Electric and Power Company for operation of
the Surry Power Station, Unit No. 2 located in Surry County, Virginia.
The proposed amendment would allow a one-cycle revision to Surry
Power Station, Unit No. 2 Technical Specifications (TSs). Specifically,
TS 6.4.Q, ``Steam Generator (SG) Program,'' and TS 6.6.3, ``Steam
Generator Tube Inspection Report,'' will be revised to incorporate an
interim alternate repair criterion (IARC) into the provisions for SG
tube repair for use during the Surry Power Station, Unit No. 2, 2008
spring refueling outage and the subsequent operating cycle. This
amendment application requests approval of an IARC that requires full-
length inspection of the tubes within the tubesheet but does not
require plugging tubes if any circumferential cracking observed in the
region greater than 17 inches from the top of the tubesheet (TTS) is
less than a value sufficient to permit the remaining circumferential
ligament to transmit the limiting axial loads. This amendment
application is required to preclude unnecessary SG tube plugging while
still maintaining tube structural and leakage integrity. This amendment
application includes SUNSI (proprietary information). Before issuance
of the proposed license amendment, the Commission will have made
findings required by the Atomic Energy Act of 1954, as amended (the
Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the CODE OF FEDERAL REGULATIONS
(10 CFR), Section 50.92, this means that operation of the facility in
accordance with the proposed amendment 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. As required
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue
of no significant hazards consideration, which is presented below:
(1) Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
Of the various accidents previously evaluated, the proposed
changes only affect the steam generator tube rupture (SGTR) event
evaluation and the postulated steam line break (SLB), and locked
rotor evaluations. Loss-of-coolant accident (LOCA) conditions cause
a compressive axial load to act on the tube. Therefore, since the
LOCA tends to force the tube into the tubesheet rather than pull it
out, it is not a factor in this amendment request. Another faulted
load consideration is a safe shutdown earthquake (SSE); however, the
seismic analysis of Model F steam generators has shown that axial
loading of the tubes is negligible during an SSE.
At normal operating pressures, leakage from PWSCC below 17
inches from the TTS is limited by both the tube-to-tubesheet crevice
and the limited crack opening permitted by the tubesheet constraint.
Consequently, negligible normal operating leakage is expected from
cracks within the tubesheet region.
For the SGTR event, the required structural margins of the steam
generator tubes is maintained by limiting the allowable ligament
size for a circumferential crack to remain in service to 203 degrees
below 17 inches from the TTS for the subsequent operating cycle.
Tube rupture is precluded for cracks in the hydraulic expansion
region due to the constraint provided by the tubesheet. The
potential for tube pullout is mitigated by limiting the allowable
crack size to 203 degrees subsequent operating cycle. These
allowable crack sizes take into account eddy current uncertainty and
crack growth rate. It has been shown that a circumferential crack
with an azimuthal extent of 203 degrees for the 18-month SG tubing
eddy current inspection interval meets the performance criteria of
NEI 97-06, Rev. 2, ``Steam Generator Program Guidelines'' and Draft
Regulatory Guide (RG) 1.121, ``Bases for Plugging Degraded PWR Steam
Generator Tubes.'' Therefore, the margin against tube burst/pullout
is maintained during normal and postulated accident conditions and
the proposed change does not result in a significant increase in the
probability or consequence of a SGTR.
The probability of a SLB is unaffected by the potential failure
of a SG tube as the failure of a tube is not an initiator for a SLB
event. SLB leakage is limited by leakage flow restrictions resulting
from the leakage path above potential cracks through the tube-to-
tubesheet crevice. The leak rate during postulated accident
conditions (including locked rotor) has been shown to remain within
the accident analysis assumptions for all axial or circumferentially
oriented cracks occurring 17 inches below the top of the tubesheet.
Since normal operating leakage is limited to 150 gpd, the attendant
accident condition leak rate, assuming all leakage to be from
indications below 17 inches from the top of the tubesheet would be
bounded by 470 gpd. This value is within the accident analysis
assumptions for the limiting design basis accident for Surry, which
is the postulated SLB event.
Based on the above, the performance criteria of NEI-97-06, Rev.
2 and Draft Regulatory Guide (RG) 1.121 continue to be met and the
proposed change does not involve a significant increase in the
probability or consequences of an accident previously evaluated.
(2) Does the proposed change create the possibility of a new or
different accident from any accident previously evaluated?
Response: No.
The proposed change does not introduce any changes or mechanisms
that create the possibility of a new or different kind of accident.
Tube bundle integrity is expected to be maintained for all plant
conditions upon implementation of the interim alternate repair
criteria. The proposed change does not introduce any new equipment
or any change to existing equipment. No new effects on existing
equipment are created nor are any new malfunctions introduced.
Therefore, based on the above evaluation, the proposed changes
do not create the possibility of a new or different kind of accident
from any accident previously evaluated.
Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed change maintains the required structural margins of
the steam generator tubes for both normal and accident conditions.
NEI 97-06, Rev. 2 and RG 1.121 are used as the basis in the
development of the limited tubesheet inspection depth methodology
for determining that steam generator tube integrity considerations
are maintained within acceptable limits. RG 1.121 describes a method
acceptable to the NRC staff for meeting GDC 14, 15, 31, and 32 by
reducing the probability and consequences of an SGTR. RG 1.121
concludes that by determining the limiting safe conditions of tube
wall degradation beyond which tubes with unacceptable cracking, as
established by inservice inspection, should be removed from service
or repaired, the probability and consequences of a SGTR are reduced.
This RG uses safety factors on loads for tube burst that are
consistent with the requirements of Section III of the ASME Code.
For axially oriented cracking located within the tubesheet, tube
burst is precluded due to the presence of the tubesheet. For
circumferentially oriented cracking in a tube or the tube-to-
tubesheet weld, Reference 6 defines a length of remaining tube
ligament that provides the necessary resistance to tube pullout due
to the pressure induced forces (with applicable safety factors
applied). Additionally, it is shown that application of the limited
tubesheet inspection depth
[[Page 22444]]
criteria will not result in unacceptable primary-to-secondary
leakage during all plant conditions.
Based on the above, it is concluded that the proposed changes do
not result in any reduction of margin with respect to plant safety
as defined in the Updated Final Safety Analysis Report or bases of
the plant Technical Specifications.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
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 amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should 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. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Written comments may be submitted by mail to the Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and should cite the publication date and
page number of this Federal Register notice. Written comments may also
be delivered to Room 6D59, Two White Flint North, 11545 Rockville Pike,
Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays.
Documents may be examined, and/or copied for a fee, at the NRC's Public
Document Room (PDR), located at One White Flint North, Public File Area
O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland.
The filing of requests for hearing and petitions for leave to
intervene is discussed below.
Within 60 days after the date of publication of this notice, the
person(s) may file a request for a hearing with respect to issuance of
the amendment to the subject facility operating license and any
person(s) whose interest may be affected by this proceeding and who
wishes to participate as a party in the proceeding must file a written
request via electronic submission through the NRC E-filing system for a
hearing and a petition for leave to intervene. Requests for a hearing
and a petition for leave to intervene shall be filed in accordance with
the Commission's ``Rules of Practice for Domestic Licensing
Proceedings'' in 10 CFR part 2. Interested person(s) should consult a
current copy of 10 CFR 2.309, which is available at the Commission's
PDR, located at One White Flint North, Public File Area O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible from the Agencywide Documents Access and
Management System's (ADAMS) Public Electronic Reading Room on the
Internet at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to
intervene is filed by the above date, the Commission or a presiding
officer designated by the Commission or by the Chief Administrative
Judge of the Atomic Safety and Licensing Board Panel, will rule on the
request and/or petition; and the Secretary or the Chief Administrative
Judge of the Atomic Safety and Licensing Board will issue a notice of a
hearing or an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also identify the specific contentions which the petitioner/requestor
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
petitioner/requestor shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner/requestor must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
petitioner intends to rely to establish those facts or expert opinion.
The petition must include sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact.
Contentions shall be limited to matters within the scope of the
amendment under consideration. The contention must be one which, if
proven, would entitle the petitioner to relief. A petitioner/requestor
who fails to satisfy these requirements with respect to at least one
contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, the Commission will make a final
determination on the issue of no significant hazards consideration. The
final determination will serve to decide when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing held would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, any hearing held
would take place before the issuance of any amendment.
A request for hearing or a petition for leave to intervene must be
filed in accordance with the NRC E-Filing rule, which the NRC
promulgated on August 28, 2007 (72 FR 49139). The E-Filing process
requires participants to submit and serve documents over the internet
or in some cases to mail copies on electronic storage media.
Participants may not submit paper copies of their filings unless they
seek a waiver in
[[Page 22445]]
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
five (5) days prior to the filing deadline, the petitioner/requestor
must contact the Office of the Secretary by e-mail at
[email protected], or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the petitioner/requestor (or its counsel or representative)
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer\TM\ to
access the Electronic Information Exchange (EIE), a component of the E-
Filing system. The Workplace Forms Viewer\TM\ is free and is available
at http://www.nrc.gov/site-help/e-submittals/install-viewer.html.
Information about applying for a digital ID certificate is available on
NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. Once a petitioner/requestor has obtained a
digital ID certificate, had a docket created, and downloaded the EIE
viewer, it can then submit a request for hearing or petition for leave
to intervene. Submissions should be in Portable Document Format (PDF)
in accordance with NRC guidance available on the NRC public Web site at
http://www.nrc.gov/site-help/e-submittals.html. A filing is considered
complete at the time the filer submits its documents through EIE. To be
timely, an electronic filing must be submitted to the EIE system no
later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737. Participants who believe that they have a good
cause for not submitting documents electronically must file a motion,
in accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. 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 are requested not to include copyrighted materials in
their submissions.
For further details with respect to this license amendment
application, see the application for amendment dated April 14, 2008,
which is available for public inspection at the Commission's PDR,
located at One White Flint North, File Public Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible electronically from the Agencywide Documents
Access and Management System's (ADAMS) Public Electronic Reading Room
on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS, should contact
the NRC PDR Reference staff by telephone at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected].
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation Virginia
Electric And Power Company, Docket No 50-281, Surry Power Station, Unit
No. 2, Surry County, Virginia
1. This order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including SUNSI and SGI).
2. Within ten (10) days after publication of this notice of
opportunity for hearing, any potential party as defined in 10 CFR 2.4
who believes access to SUNSI or SGI is necessary for a response to the
notice may request access to SUNSI or SGI. A ``potential party'' is any
person who intends or may intend to participate as a party by
demonstrating standing and the filing of an admissible contention under
10 CFR 2.309. Requests submitted later than ten (10) days will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
3. The requester shall submit a letter requesting permission to
access SUNSI and/or SGI 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
Associate General Counsel for Hearings, Enforcement and Administration,
Office of the General Counsel, Washington, DC 20555-0001. The expedited
delivery or courier mail address for both offices is U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The
e-mail address for the Office
[[Page 22446]]
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\ See footnote 6. 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.
---------------------------------------------------------------------------
a. A description of the licensing action with a citation to this
Federal Register notice of opportunity for hearing;
b. The name and address of the potential party and a description of
the potential party's particularized interest that could be harmed by
the licensing action identified in (a) if the licensing action is not
sustained;
c. If the request is for SUNSI, the identity of the individual
requesting access to SUNSI and the requester's need for the information
in order to meaningfully participate in this adjudicatory proceeding,
particularly why publicly available versions of the application would
not be sufficient to provide the basis and specificity for a proffered
contention;
d. If the request is for SGI, the identity of the individual
requesting access to SGI and the identity of any expert, consultant or
assistant who will aid the requester in evaluating the SGI, and
information that shows:
(i) Why the information is indispensable to meaningful
participation in this licensing proceeding; and
(ii) The technical competence (demonstrable knowledge, skill,
experience, training or education) of the requester to understand and
use (or evaluate) the requested information 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 demonstrates technical competence
as well as trustworthiness and reliability, and who agrees to sign a
non-disclosure affidavit and be bound by the terms of a protective
order; and
e. If the request is for SGI, Form SF-85, ``Questionnaire for Non-
Sensitive Positions,'' Form FD-248 (fingerprint card), and a credit
check release form completed by the individual who seeks access to SGI
and each individual who will aid the requester in evaluating the SGI.
For security reasons, Form SF-85 can only be submitted electronically,
through a restricted-access database. To obtain online access to the
form, the requester should contact the NRC's Office of Administration
at 301-415-0320.\2\ The other completed forms must be signed in
original ink, accompanied by a check or money order payable in the
amount of [$191.00] to the U.S. Nuclear Regulatory Commission for each
individual, and mailed to the: Office of Administration, Security
Processing Unit, Mail Stop T-6E46, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0012.
---------------------------------------------------------------------------
\2\ The requester will be asked to provide his or her full name,
social security number, date and place of birth, telephone number,
and e-mail address. After providing this information, the requester
usually should be able to obtain access to the online form within
one business day.
---------------------------------------------------------------------------
These forms will be used to initiate the background check, which
includes fingerprinting as part of a criminal history records check.
Note: Copies of these forms do not need to 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 described above.
4. To avoid delays in processing requests for access to SGI, all
forms should be reviewed for completeness and accuracy (including
legibility) before submitting them to the NRC. Incomplete packages will
be returned to the sender and will not be processed.
5. Based on an evaluation of the information submitted under items
2 and 3.a through 3.d, above, the NRC staff will determine within ten
days of receipt of the written access 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) there is a
legitimate need for access to SUNSI or need to know the SGI requested.
For SGI, the need to know determination is made based on whether the
information requested is necessary (i.e., indispensable) for the
proposed recipient to proffer and litigate a specific contention in
this NRC proceeding \3\ and whether the proposed recipient has the
technical competence (demonstrable knowledge, skill, training,
education, or experience) to evaluate and use the specific SGI
requested in this proceeding.
---------------------------------------------------------------------------
\3\ Broad SGI requests under these procedures are thus highly
unlikely to meet the standard for need to know; furthermore, 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 requester's need to know than ordinarily would be applied in
connection with an already-admitted contention.
---------------------------------------------------------------------------
6. If standing and need to know SGI are shown, the NRC staff will
further determine based upon completion of the background check whether
the proposed recipient is trustworthy and reliable. The NRC staff will
conduct (as necessary) an inspection to confirm that the recipient's
information protection systems are sufficient to protect SGI from
inadvertent release or disclosure. Recipients may opt to view SGI at
the NRC's facility rather than establish their own SGI protection
program to meet SGI protection requirements.
7. A request for access to SUNSI or SGI will be granted if:
a. The request has demonstrated that there is a reasonable basis to
believe that a potential party is likely to establish standing to
intervene or to otherwise participate as a party in this proceeding;
b. The proposed recipient of the information has demonstrated a
need for SUNSI or a need to know for SGI, and that the proposed
recipient of SGI is trustworthy and reliable;
c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms
of a Protective Order setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI and/or SGI; and
d. The presiding officer has issued a protective order concerning
the information or documents requested.\4\ Any protective order issued
shall provide that the petitioner must file SUNSI or SGI contentions 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.
---------------------------------------------------------------------------
\4\ If a presiding officer has not yet been designated, the
Chief Administrative Judge will issue such orders, or will appoint a
presiding officer to do so.
---------------------------------------------------------------------------
8. If the request for access to SUNSI or SGI is granted, the terms
and conditions for access to sensitive unclassified information will be
set forth in a draft protective order and affidavit of non-disclosure
appended to a joint motion by the NRC staff, any other affected parties
to this proceeding,\5\ and the petitioner(s). If the diligent efforts
by the relevant parties or petitioner(s) fail to result in an agreement
on the terms and conditions for a draft protective order or non-
disclosure affidavit, the relevant parties
[[Page 22447]]
to the proceeding or the petitioner(s) should notify the presiding
officer within five (5) days, describing the obstacles to the
agreement.
---------------------------------------------------------------------------
\5\ Parties/persons other than the requester and the NRC staff
will be notified by the NRC staff of a favorable access
determination (and may participate in the development of such a
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by
the release of the information (e.g., as with proprietary
information).
---------------------------------------------------------------------------
9. If the request for access to SUNSI is denied by the NRC staff or
a request for access to SGI is denied by NRC staff either after a
determination on standing and need to know or, later, after a
determination on trustworthiness and reliability, the NRC staff shall
briefly state the reasons for the denial. Before the Office of
Administration makes an adverse determination regarding access, the
proposed recipient must be provided an opportunity to correct or
explain information. The requester 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 five
(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 he or she is
unavailable, another administrative judge, or an administrative law
judge with jurisdiction pursuant to Sec. 2.318(a); or (c) if another
officer has been designated to rule on information access issues, with
that officer. In the same manner, an SGI requester may challenge an
adverse determination on trustworthiness and reliability by filing a
challenge within fifteen (15) days of receipt of that determination.
In the same manner, a party other than the requester 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 five (5) days of the notification by the
NRC staff of its grant of such a request. 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.\6\
---------------------------------------------------------------------------
\6\ As of October 15, 2007, the NRC's final ``E-Filing Rule''
became effective. See Use of Electronic Submissions in Agency
Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that
the filing requirements of that rule 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
requests submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------
10. The Commission expects that the NRC staff and presiding
officers (and any other reviewing officers) will consider and resolve
requests for access to SUNSI and/or SGI, and motions for protective
orders, in a timely fashion in order to minimize any unnecessary delays
in identifying those [intervenors/petitioners] who have standing and
who have propounded contentions meeting the specificity and basis
requirements in 10 CFR part 2. Attachment 1 to this Order summarizes
the general target schedule for processing and resolving requests under
these procedures.
Dated at Rockville, Maryland, this 21st day of April 2008.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1.--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
(SUNSI) and Safeguards Information (SGI) in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
proposed action and opportunity for hearing,
including order with instructions for access
requests.
10....................... Deadline for submitting requests for access
to SUNSI and/or SGI with information:
Supporting the standing of a potential party
identified by name and address; describing
the need for the information in order for
the potential party to participate
meaningfully in an adjudicatory proceeding;
demonstrating that access should be granted
(e.g., showing technical competence for
access to SGI); and, for SGI, including
application fee for fingerprint/background
check.
[20, 30 or 60]........... Deadline for submitting petition for
intervention containing: (i) Demonstration
of standing; (ii) all contentions whose
formulation does not require access to SUNSI
and/or SGI (+25 Answers to petition for
intervention; +7 petitioner/requestor
reply).
20....................... NRC staff informs the requester 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,'' ``need to
know,'' or likelihood of standing, the
deadline for petitioner/requester 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 Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
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 Affidavit (or to make a
determination that the proposed recipient of
SGI is not trustworthy or reliable). Note:
Before the Office of Administration makes an
adverse determination regarding access, 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 determination either
before the presiding officer or another
designated officer.
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
Affidavits. Access provided to SUNSI and/or
SGI consistent with decision issuing the
protective order.
[[Page 22448]]
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 hearing or
opportunity for hearing), 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.
B........................ Decision on contention admission.
205...................... Deadline for petitioner to seek reversal of a
final adverse NRC staff determination either
before the presiding officer or another
designated officer.
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
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 hearing or
opportunity for hearing), 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.
B........................ Decision on contention admission.
------------------------------------------------------------------------
[FR Doc. E8-9087 Filed 4-24-08; 8:45 am]
BILLING CODE 7590-01-P