[Federal Register Volume 74, Number 83 (Friday, May 1, 2009)]
[Notices]
[Pages 20350-20355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10043]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-391; NRC-2008-0369]
Tennessee Valley Authority; Notice of Receipt of Update to
Application for Facility Operating License and Notice of Opportunity
for Hearing for the Watts Bar Nuclear Plant, Unit 2 and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information for Contention Preparation
In accordance with the Commission's direction in its Staff
Requirements Memorandum SECY-07-0096, ``Staff Requirements--Possible
Reactivation of Construction and Licensing Activities for the Watts Bar
Nuclear Plant Unit 2,'' dated July 25, 2007, and pursuant to the Atomic
Energy Act of 1954 (the Act), 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,''
and 10 CFR Part 50, ``Domestic Licensing of production and Utilization
Facilities,'' notice is hereby given that, on March 4, 2009, the U.S.
Nuclear Regulatory Commission (NRC, the Commission) has received an
update to the application for a facility operating license (OL) from
the Tennessee Valley Authority (TVA or the applicant) that would
authorize TVA to possess, use, and operate a second light-water nuclear
reactor (the facility), Watts Bar Nuclear Plant (WBN) Unit 2, located
on the applicant's site in Rhea County, Tennessee. The unit would
operate at a steady-state power level of 3411 megawatts thermal. The
original application dated June 30, 1976, was found acceptable for
docketing on September 15, 1976, and ``Notice of Receipt of Application
for Facility Operating Licenses; Notice of Consideration of Issuance of
Facility Operating Licenses; and Notice of Opportunity for Hearing''
for WBN Units 1 and 2 was published in the Federal Register on December
27, 1976 (41 FR 56244). On February 7, 1996, the NRC issued a full-
power OL to TVA to operate WBN Unit 1 at this site. However, TVA has
not completed construction of WBN Unit 2. Construction of the facility
was authorized by Construction Permit No. CPPR-92, issued by the
Commission on January 23, 1973. TVA has stated that it expects to
complete construction prior to April 1, 2012.
Pursuant to the National Environmental Policy Act, as amended, and
the Commission's regulations in 10 CFR Part 51, on February 15, 2008,
TVA submitted to the NRC ``Watts Bar Nuclear Plant (WBN)--Unit 2--Final
Supplemental Environmental Impact Statement [FSEIS] for the Completion
and Operation of Unit 2,'' to the NRC in support of its OL application
for WBN Unit 2. By letter dated January 27, 2009, TVA submitted its
``Final Supplemental Environmental Impact Statement--Severe Accident
Management Alternatives [SAMA],'' to supplement its FSEIS. After the
staff has completed its review of TVA's FSEIS, the NRC will prepare a
draft supplement to environmental impact statement related to the
operation of WBN Unit 2 (SEIS-OL). Upon preparation of the draft SEIS-
OL, the Commission will, among other things, cause to be published in
the Federal Register, a notice of availability of the draft supplement,
requesting comments from interested persons on the draft SEIS-OL. The
notice will also contain a statement to the effect that any comments of
Federal agencies and State and local officials will be made available
when received. The draft SEIS-OL will focus on matters that differ from
those previously discussed in the final environmental statement
prepared in connection with the issuance of the construction permits
and the WBN Unit 1 OL. Upon consideration of comments submitted with
respect to the draft SEIS-OL, the Commission's staff will prepare a
final SEIS-OL, the availability of which will be published in the
Federal Register.
The NRC staff will complete a detailed technical review of the
application and will document its findings in Supplements to NUREG-
0847, ``Safety Evaluation Report Related to the Operation of Watts Bar
Nuclear Plant, Unit 2.''
The Commission will consider the issuance of the facility OL to
TVA, which would authorize the applicant to possess, use and operate
the WBN Unit 2 in accordance with the provisions of the license and the
technical specifications appended thereto, upon: (1) The completion of
a favorable safety evaluation of the application by the Commission's
staff; (2) the completion of the environmental review required by the
Commission's regulations in 10 CFR Part 51; (3) the receipt of a report
on the applicants application for the facility OL by the Advisory
Committee on Reactor Safeguards; and (4) a finding by the Commission
that the application for the facility licenses, as amended, complies
with the requirements of the Atomic Energy Act of 1954, as amended (the
Act), and the Commission's regulations in 10 CFR Chapter I.
The OL will not be issued until the Commission has made the
findings
[[Page 20351]]
reflecting its review of the application under the Act, which will be
set forth in the proposed license, and has concluded that the issuance
of the license will not be inimical to the common defense and security
or to the health and safety of the public.
Within 60 days after the date of initial publication of this notice
in the Federal Register, any person(s) whose interest may be affected
by this action and who desires to participate as a party to this action
may file a written request for a hearing and a petition to intervene
with respect to whether an OL should be issued. 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, ``Hearing Requests, Petitions To
Intervene, Requirements for Standing, and Contentions,'' which is
available at the Commission's Public Document Room (PDR), located at
One White Flint North, Public File Area O-1F21, 11555 Rockville Pike
(first floor), Rockville, Maryland. Publicly available records will be
accessible from the Agencywide Documents Access and Management System
(ADAMS) Public Electronic Reading Room on the internet at the NRC Web
site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. Although the
notice of the application will be published once each week for 4
consecutive weeks in the Federal Register, the 60-day period will only
begin upon the date of the first publication of the notice.
If a request for a hearing or petition for leave to intervene is
filed within 60 days of the date of the initial notice, 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 or
request for hearing shall set forth with particularity the interest of
the petitioner/requestor 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
licensing action under consideration. The scope of the hearing and
intervention request is limited to TVA's application for an OL. The
contention must be one which, if proven, would entitle the petitioner/
requestor 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 shall 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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
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 all adjudicatory 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 associated with E-
Filing, at least 10 days prior to the filing deadline, the requestor
should contact the Office of the Secretary by e-mail at
[email protected] or by calling (301) 415-1677, to request (1) a
digital identification (ID) certificate that allows the participant (or
its counsel or representative) to digitally sign documents and access
the E-Submittal server for any NRC proceeding in which it is
participating or (2) the creation of an electronic docket for the
proceeding (even in instances when the requestor (or its counsel or
representative) already holds an NRC-issued digital ID certificate).
Each requestor will need to download the Workplace Forms
ViewerTM to access the Electronic Information Exchange (EIE)
viewer, which is 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 how to apply for a digital ID certificate is also 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, he or she can then
submit a request for a hearing through EIE. 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 the document through EIE. To be timely, electronic filings 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 document 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 is filed so that they may obtain access to the
document via the E-Filing system.
A person filing electronically using the agency's adjudicatory e-
filing system
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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 Electronic Filing Help Desk, which is available between
8 a.m. and 8 p.m., eastern time, Monday through Friday, excluding
government holidays. The toll-free help line number is (866) 672-7640.
A person filing electronically may also seek assistance by sending an
e-mail to the NRC Electronic Filing Help Desk at [email protected].
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, 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 (1) by 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) by 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 the 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 or the presiding
officer of 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 they are excluded
under an order of the Commission, the 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 telephone 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.
For further details pertinent to the matters under consideration,
see the application for the facility OL dated June 30, 1975, as
supplemented on September 27, 1976, and as updated on March 4, 2009,
which are available for public inspection 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 electronically through the ADAMS Public
Electronic Reading Room link on the internet at the NRC Web site http://www.nrc.gov/reading-rm/adams.html. Certain documents included in the
OL application contain sensitive unclassified non-safeguards
information and safeguards information. 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-
4209, 301-415-4737, or by e-mail to [email protected]. The OL
application and its supplement and update are available at http://www.nrc.gov/reactors/plant-specific-items/watts-bar.html. The ADAMS
accession numbers for the OL application cover letter and supplement
cover letter are ML073400595 and ML073381112, respectively. The ADAMS
accession number for the update to the application is ML090700378. The
ADAMS accession number for Supplement 21 to NUREG-0847 is ML090570741.
The ADAMS accession number for the final safety analysis report, as
redacted under 10 CFR 2.390(d)(1), is ML090980525. The redactions were
made in compliance with the NRC's criteria on sensitive information, as
specified in SECY-04-0191, ``Withholding Sensitive Unclassified
Information Concerning Nuclear Power Reactors from Public Disclosure,''
dated October 19, 2004 (ADAMS accession number ML042310663), as
modified by the NRC Commission Staff Requirements Memorandum SECY-04-
0191, dated November 9, 2004 (ADAMS accession number ML043140175). To
search for other related documents in ADAMS using the Watts Bar Nuclear
Plant Unit 2 OL application docket number, 50-391, enter the term
``05000391'' in the ``Docket Number'' field when using either the Web-
based search (advanced search) engine or the ADAMS find tool in Citrix.
Attorney for the applicant: Maureen H. Dunn, Executive Vice
President and General Counsel, Tennessee Valley Authority, 400 West
Summit Hill Drive, Knoxville, TN 37902.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI) for
Contention Preparation, Tennessee Valley Authority; Watts Bar Nuclear
Plant, Unit 2, Located in Rhea County, Tennessee
1. This order contains instructions regarding how potential parties
to the proceedings listed above may request access to documents
containing sensitive unclassified non-safeguards information and
safeguards information (SUNSI and SGI).
2. Within ten (10) days after publication of this notice of
opportunity for hearing, any potential party as defined in 10 CFR 2.4
who believes access to SUNSI or SGI is necessary for a response to the
notice may request access to SUNSI or SGI. A ``potential party'' is any
person who intends or may intend to participate as a party by
demonstrating standing and the filing of an admissible contention under
10 CFR 2.309. Requests submitted later than ten (10) days will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
3. The requester shall submit a letter requesting permission to
access SUNSI and/or SGI to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the
Associate General Counsel for Hearings, Enforcement and Administration,
Office of the General Counsel, Washington, DC 20555-0001. The expedited
delivery or courier mail address for both offices is U.S. Nuclear
Regulatory Commission, 11555 Rockville Pike, Rockville, MD 20852. The
e-mail address for the Office 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 opportunity for hearing;
[[Page 20353]]
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:
(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 301-492-3524.\2\ The other completed forms must be signed in
original ink, accompanied by a check or money order payable in the
amount of $200.00 to the U.S. Nuclear Regulatory Commission for each
individual, and mailed to the: Office of Administration, Security
Processing Unit, Mail Stop TWB-05 B32M, 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 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 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 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 ten (10) 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,
[[Page 20354]]
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 ten
(10) 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 ten (10) 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 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 27th day of April 2009.
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
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Day Event/activity
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0............................ Publication of notice of receipt of
update to application for facility
operating license and notice of
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.
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.
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.
[[Page 20355]]
B............................ Decision on contention admission.
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[FR Doc. E9-10043 Filed 4-30-09; 8:45 am]
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