[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\
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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; 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.
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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 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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