[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Notices]
[Pages 40394-40399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16042]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-424 and 50-425]


Southern Nuclear Operating Company, Inc., Georgia Power Company, 
Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, 
City of Dalton, GA, Vogtle Electric Generating Plant, Units 1 and 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. 
NPF-68 and NPF-81 issued to the Southern Nuclear Operating Company, 
Inc. (the licensee), acting for itself, Georgia Power Company, 
Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, 
and City of Dalton, Georgia (the owners), for operation of the Vogtle 
Electric Generating Plant (VEGP), Units 1 and 2 (VEGP Units 1 and 2) 
located in Wayne County, Georgia.
    This amendment application proposes a one-time steam generator (SG) 
tubing eddy current inspection interval revision to the VEGP Units 1 
and 2, Technical Specifications (TSs) 5.5.9, ``Steam Generator (SG) 
Program,'' to incorporate an interim alternate repair criterion in the 
provisions for SG tube repair criteria during the Unit 2 inspection 
performed in Refueling Outage 13 and subsequent operating cycle. This 
amendment application requests approval of an interim alternate repair 
criterion (IARC) that requires full-length inspection of the tubes 
within the tubesheet but does not require plugging tubes if any axial 
or circumferential cracking observed in the region greater than 17 
inches below 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 plugging while still maintaining 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), locked rotor 
and control rod ejection accident 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 
licensing 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.

[[Page 40395]]

    At normal operating pressures, leakage from primary water stress 
corrosion cracking (PWSCC) below 17 inches from the top of the 
tubesheet 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 maximum allowable 
through-wall circumferential crack size to remain in service to 203 
degrees below 17 inches from the top of the tubesheet and for the 
lower-most 1 inch limiting the maximum allowable through-wall 
circumferential crack size to 94 degrees, for the duration of the 
18-month SG tubing eddy current inspection interval. 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 maximum allowable through-wall 
circumferential crack size to remain in service to 203 degrees below 
17 inches from the top of the tubesheet and for the lower-most 1 
inch limiting the maximum allowable through-wall circumferential 
crack size 94 degrees, for the duration of the 18-month SG tubing 
eddy current inspection interval. 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, and to 94 degrees for the bottom 1 inch, 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 the August 1976 draft Regulatory Guide (RG) 1.121, 
``Bases for Plugging Degraded PWR Steam Generator Tubes.'' 
(Reference 14). 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 and control rod ejection) 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 (approximately 0.10 gpm), 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 
0.35 gpm. This value is within the accident analysis assumptions for 
the limiting design basis accident for VEGP, 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 
criterion. 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.
    (3) 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 draft 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. Draft RG 1.121 describes a 
method acceptable to the NRC staff for meeting General Design 
Criteria 14, 15, 31, and 32 by reducing the probability and 
consequences of a SGTR. Draft 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 draft 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 3 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 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 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 O1F21, 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

[[Page 40396]]

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 accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) 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

[[Page 40397]]

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 Southern 
Nuclear Operating Company, Inc., Georgia Power Company, Oglethorpe 
Power Corporation, Municipal Electric Authority of Georgia, City of 
Dalton, GA, Vogtle Electric Generating Plant, Units 1 and 2, Docket 
Nos. 50-424 and 50-425

    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, 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\ 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.
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    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-258 (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 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.
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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 e-mail 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 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.
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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

[[Page 40398]]

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 five (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 
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 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 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 8th day of July 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 40399]]

 
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.
------------------------------------------------------------------------

[FR Doc. E8-16042 Filed 7-11-08; 8:45 am]
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