[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Pages 22981-22985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11262]


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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 applicant's 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 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 on May 1, 2009 (74 FR 20350), 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

[[Page 22982]]

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 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

[[Page 22983]]

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 Docket No. 50-391

    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 addresses 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;
    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

[[Page 22984]]

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 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 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, 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

[[Page 22985]]

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\
    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 1st day of May 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
------------------------------------------------------------------------
              Day                            Event/activity
------------------------------------------------------------------------
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/requester 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.
B.............................  Decision on contention admission.
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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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[FR Doc. E9-11262 Filed 5-14-09; 8:45 am]
BILLING CODE 7590-01-P