[Federal Register Volume 73, Number 127 (Tuesday, July 1, 2008)]
[Notices]
[Pages 37511-37515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14859]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 52-024]


Entergy Operations, Inc. et al.; Notice of Hearing and 
Opportunity To Petition for Leave To Intervene and Order Imposing 
Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information for Contention Preparation on a 
Combined License for the Grand Gulf Unit 3

    Pursuant to the Atomic Energy Act of 1954, as amended, and the 
regulations in Title 10 of the Code of Federal Regulations (10 CFR) 
Part 2, ``Rules of Practice for Domestic Licensing Proceedings and 
Issuance of Orders,'' 10 CFR Part 50, ``Domestic Licensing of 
Production and Utilization Facilities,'' and 10 CFR Part 52, 
``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' 
notice is hereby given that a hearing will be held, at a time and place 
to be set in the future by the U.S. Nuclear Regulatory Commission (NRC, 
the Commission) or designated by the Atomic Safety and Licensing Board 
(Board). The hearing will consider the application dated February 27, 
2008, filed by Entergy Operations, Inc., on behalf of itself and 
Entergy Mississippi, Inc., Entergy Louisiana, LLC, Entergy Gulf States 
Louisiana, LLC, and System Energy Resources, Inc. (SERI), pursuant to 
Subpart C of 10 CFR Part 52, for a combined license (COL). The 
application, which was supplemented by letters dated April 9, 2008, and 
April 11, 2008, requests approval of a COL for Grand Gulf Unit 3, 
located in Claiborne County, Mississippi. The application was accepted 
for docketing on April 17, 2008. The docket number established for this 
is 52-024. The Grand Gulf Unit 3 COL application references the Early 
Site Permit (ESP-002) granted to SERI for the Grand Gulf ESP site, 
which was issued on April 5, 2007, and the application for 
certification of the economic simplified boiling water reactor (ESBWR) 
design, which was initially submitted on August 24, 2005.
    The hearing will be conducted by a Board that will be designated by 
the Chairman of the Atomic Safety and Licensing Board Panel or will be 
conducted by the Commission. Notice as to the membership of the Board 
will be published in the Federal Register at a later date. The NRC 
staff will complete a detailed technical review of the application and 
will document its findings in a safety evaluation report. The 
Commission will refer a copy of the application to the Advisory 
Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 52.87, 
``Referral to the ACRS,'' and the ACRS will report on those portions of 
the application that concern safety.
    Any person whose interest may be affected by this proceeding and 
desires to participate as a party to this proceeding must file a 
written petition for leave to intervene in accordance with 10 CFR 
2.309. 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.
    A petition for leave to intervene must be filed no later than 60 
days from the date of publication of this notice in the Federal 
Register. Non-timely filings will not be entertained absent a 
determination by the Commission or presiding officer designated to rule 
on the petition, pursuant to the requirements of 10 CFR 2.309(c)(1)(i)-
(viii).
    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. A petition for leave to intervene must be filed in accordance 
with the NRC E-Filing rule, which was promulgated by the NRC 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 accordance with the 
procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the petitioner 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 (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each participant will need to download the Workplace 
Forms ViewerTM to access the Electronic Information Exchange 
(EIE), a component of the E-Filing system. The Workplace Forms 
ViewerTM 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 participant has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
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 Standard 
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 petition to intervene

[[Page 37512]]

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 Standard 
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 Standard Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHDProceeding/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 submission.
    Any person who files a motion pursuant to 10 CFR 2.323 must consult 
with counsel for the applicant and counsel for the NRC staff who are 
listed below. Counsel for the applicant are Terence A. Burke, (601) 
368-5680, [email protected], and Steven P. Frantz, (202) 739-5460, 
[email protected]. Counsel for the NRC staff in this proceeding 
are Sara E. Brock, (301) 415-8393, [email protected], and Renee V. 
Holmes, (301) 415-3319, [email protected].
    A person who is not a party may be permitted to make a limited 
appearance by making an oral or written statement of his or her 
position on the issues at any session of the hearing or any pre-hearing 
conference within the limits and conditions fixed by the presiding 
officer, but may not otherwise participate in the proceeding.
    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, and will be accessible electronically through the Agencywide 
Documents Access and Management System (ADAMS) Public Electronic 
Reading Room link 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 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]. The application is available at http://www.nrc.gov/reactors/new-licensing/col/grand-gulf.html. The ADAMS 
accession number for the application cover letter is ML080640433. The 
ADAMS accession numbers for the supplemental letters are ML081020230 
and ML081070304. To search for documents in ADAMS using the Grand Gulf 
3 COL application docket number, 52-024, enter the term ``05200024'' in 
the ``Docket Number'' field when using either the Web-based search 
(advanced search) engine or the ADAMS find tool in Citrix. The Grand 
Gulf ESP can be found in ADAMS using the accession number ML070780457 
or by going to http://www.nrc.gov/reactors/new-licensing/col/grand-gulf.html. To search for documents on the Grand Gulf ESP docket, enter 
``05200009'' in the ``Docket Number'' field in the web-based search 
(advanced search) engine or the ADAMS find tool. The ESBWR design 
certification can be found by going to http://www.nrc.gov/reactors/new-licensing/design-cert/esbwr.html or by accessing our ADAMS Advanced Web 
Search and entering ``05200010'' in the ``Docket Number'' field to 
search for documents linked to the ESBWR design certification 
application.

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

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
    2. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, 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 
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, Maryland 20852. 
The e-mail address for the Office of the Secretary and the Office of 
the General Counsel are [email protected] and [email protected], 
respectively.\1\ The request must include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI and/or SGI 
under these procedures should be submitted as described in this 
paragraph.
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    a. A description of the licensing action with a citation to this 
Federal Register notice of hearing and

[[Page 37513]]

opportunity to petition for leave to intervene;
    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 action identified in (a);
    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 \1\:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI and/or SGI 
under these procedures should be submitted as described in this 
paragraph.
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    (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 U.S. Nuclear Regulatory Commission, Office 
of Administration, Security Processing Unit, Mail Stop T-6E46, 
Washington, DC 20555-0012.
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    \2\ The requester will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and email address. After providing this information, the requester 
usually should be able to obtain access to the online form within 
one business day.
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    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 10 
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.
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    \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.
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    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.
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    \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.
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    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 to the proceeding or the 
petitioner(s) should notify the presiding officer within 5 days, 
describing the obstacles to the agreement.
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    \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).
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    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

[[Page 37514]]

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 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 10 CFR 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 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 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\
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    \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; August 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.
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    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 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 25th day of June 2008.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment--General Target Schedule for Processing and Resolving 
Requests for Access to Sensitive Unclassified Non-Safeguards 
Information and Safeguards Information in this Proceeding

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          Day                            Event/activity
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0.....................  Publication of Federal Register notice of
                         hearing and opportunity to petition for leave
                         to intervene, including order with instructions
                         for access requests.
10....................  Deadline for submitting requests for access to
                         Sensitive Unclassified Non-Safeguards
                         Information (SUNSI) and/or Safeguards
                         Information (SGI) with information: 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....................  Nuclear Regulatory Commission (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.
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).
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.
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.

[[Page 37515]]

 
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.
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[FR Doc. E8-14859 Filed 6-30-08; 8:45 am]
BILLING CODE 7590-01-P