[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41939-41944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19845]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0354; Docket Nos. 50-280 AND 50-281]
Virginia Electric and Power Company; Notice of Consideration of
Issuance of Amendments to Facility Operating Licenses, Proposed No
Significant Hazards Consideration Determination, and Opportunity for a
Hearing and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information (SUNSI) for Contention
Preparation
The U.S. Nuclear Regulatory Commission (the Commission or NRC) is
considering issuance of an amendment to Facility Operating License Nos.
DPR-32 and DPR-37 issued to Virginia Electric and Power Company (the
licensee) for operation of the Surry Power Station, Unit Nos. 1 and 2
(Surry Units 1 and 2), located in Surry, Virginia.
The proposed amendments would revise Technical Specification (TS)
6.4.Q, ``Steam Generator (SG) Program,'' to exclude portions of the
tubes within the tubesheet from periodic SG inspections. Application of
the structural analysis and leak rate evaluation results, to exclude
portions of the tubes from inspection and repair is interpreted to
constitute a redefinition of the primary to secondary pressure
boundary. This request also proposes to revise TS 6.4.Q and TS 6.6.A.3,
``Steam Generator Tube Inspection Report,'' to remove reference to
previous Surry Units 1 and 2 interim alternate repair criteria (IARC),
as well as the modified IARC for the Surry Unit 1 B SG and provide
reporting requirements specific to the permanent alternate repair
criteria. In addition, changes to TSs 3.1.C and TS 4.13 are proposed to
delete the primary to secondary leakage limitation of 20 gallons per
day for the Surry Unit 1 B SG, as well as to delete the 4.7 leakage
factor commitment, for Surry Unit 1 Operating Cycle 23. The leakage
limitation and the leakage factor commitment were included as part of
the modified IARC for the Surry Unit 1 B SG.
The amendment application dated July 28, 2009, contains sensitive
unclassified non-safeguards information (SUNSI).
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
[[Page 41940]]
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.
The previously analyzed accidents are initiated by the failure
of plant structures, systems, or components. The proposed change
that alters the steam generator inspection criteria and the steam
generator inspection reporting criteria does not have a detrimental
impact on the integrity of any plant structure, system, or component
that initiates an analyzed event. The proposed change will not alter
the operation of or increase the failure probability of any plant
equipment that initiates an analyzed accident.
Of the applicable accidents previously evaluated, the limiting
transients with consideration to the proposed change to the steam
generator tube inspection and repair criteria are the steam
generator tube rupture (SGTR) event and the steam line break (SLB)
postulated accidents.
During the SGTR event, the required structural integrity margins
of the steam generator tubes and the tube-to-tubesheet joint over
the H* distance will be maintained. Tube rupture in tubes with
cracks within the tubesheet is precluded by the presence of the
tubesheet and the constraint provided by the tube-to-tubesheet
joint. Tube burst cannot occur within in thickness of the tubesheet.
The tube-to-tubesheet joint constraint results from the hydraulic
expansion process, thermal expansion mismatch between the tube and
tubesheet, the differential pressure between the primary and
secondary side, and the tubesheet deflection. Based on this design,
the structural margins against burst, as discussed in Regulatory
Guide (RG) 1.121, ``Bases for Plugging Degraded PWR Steam Generator
Tubes,'' are maintained for both normal and postulated accident
conditions.
The proposed change has no impact on the structural or leakage
integrity of the portion of the tube outside of the tubesheet. The
proposed change maintains structural and leakage integrity of the
steam generator tubes consistent with the performance criteria in TS
6.4.Q.2. Therefore, the proposed change results in no significant
increase in the probability of the occurrence of a SGTR accident.
At normal operating pressures, leakage from degradation below
the proposed limited inspection depth is limited by the tubesheet
joint. Consequently, negligible normal operating leakage is expected
from degradation below the inspected depth within the tubesheet
region. The consequences of an SGTR event are affected by the
primary to secondary leakage flow during the event as primary to
secondary leakage flow through a postulated tube that has been
pulled out of the tubesheet is essentially equivalent to a severed
tube. Therefore, the proposed changes do not result in a significant
increase in the consequences of a SGTR.
The probability of a SLB is unaffected by the potential failure
of a steam generator tube as the failure of the tube is not an
initiator for a SLB event.
The leakage factor of 2.03 is a bounding value for all SGs, both
hot and cold legs, in Table 9-7 of WCAP-17092-P. Also as shown in
Table 9-7 of WCAP-17092-P, for Surry for a postulated SLB, a leakage
factor of 1.80 has been calculated. However, for Surry, a more
conservative leakage factor of 2.03 will be applied to the normal
operating leakage associated with the tubesheet expansion region in
the condition monitoring (CM) assessment and the operational
assessment (OA). Through the application of the limited tubesheet
inspection scope, the existing operating leakage limit provides
assurance that excessive leakage (i.e., greater than accident
analysis assumptions) will not occur. The limiting accident induced
primary to secondary leak rate is 470 gallons per day per steam
generator during a postulated steam line break. Using the limiting
leakage factor of 2.03, this corresponds to an acceptable level of
operational leakage of 231.5 gallons per day. The TS operational
primary to secondary leak rate limit is 150 gallons per day through
any one steam generator. Consequently, there is sufficient margin
between accident induced leakage and TS allowable operational
leakage. Therefore, the proposed change does not involve a
significant increase in the probability or consequences of an
accident previously evaluated.
(2) Does the change create the possibility of a new or different
kind of accident from any accident previously evaluated?
Response: No.
The proposed change that alters the steam generator inspection
and repair criteria, as well as the reporting requirements, does not
introduce any new equipment, create new failure modes for existing
equipment, or create any new limiting single failures. Plant
operation will not be altered, and all safety functions will
continue to perform as previously assumed in accident analyses.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
(3) Does the change involve a significant reduction in a margin
of safety?
Response: No.
The proposed change that alters the steam generator inspection
and repair criteria, as well as the reporting requirements,
maintains the required structural margins of the steam generator
tubes for both normal and accident conditions. NEI 97-06, Revision
2, and RG 1.121, are used as the bases in the development of the
limited tubesheet inspection depth methodology for determining that
steam generator tube integrity considerations are maintained within
acceptable limits. RG 1.121 describes a method acceptable to the NRC
for meeting GDC 14, ``Reactor Coolant Pressure Boundary,'' GDC 15,
``Reactor Coolant System Design,'' GDC 31, ``Fracture Prevention of
Reactor Coolant Pressure Boundary,'' and GDC 32, ``Inspection of
Reactor Coolant Pressure Boundary,'' by reducing the probability and
consequences of a SGTR. RG 1.121 concludes that by determining the
limiting safe conditions for tube wall degradation the probability
and consequences of a SGTR are reduced. This RG uses safety factors
on loads for tube burst that are consistent with the requirements of
Section III of the American Society of Mechanical Engineers (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, WCAP-17092-P defines a length
of degradation-free expanded tubing that provides the necessary
resistance to tube pullout due to the pressure induced forces, with
applicable safety factors applied. Application of the limited hot
and cold leg tubesheet inspection criteria will preclude
unacceptable primary to secondary leakage during all plant
conditions. The methodology for determining leakage provides for
sufficient margins between calculated and actual leakage values in
the proposed limited tubesheet inspection depth criteria.
Therefore, the proposed change does not involve a significant
reduction in any margin of safety.
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
[[Page 41941]]
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
and Directives Branch (RDB), TWB-05-B01M, 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 faxed to the RDB at 301-492-3446. Documents may be examined, and/or
copied for a fee, at the NRC's Public Document Room (PDR), located at
One White Flint North, Public File Area O1 F21, 11555 Rockville Pike
(first floor), Rockville, Maryland.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
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 or
at http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002_0309.html. Publicly available records will be accessible 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.html. If a request for a hearing or petition for
leave to intervene is filed within 60 days, 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 set forth 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/
requestor 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/requestor 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/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 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.
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 in August 2007, 72 FR 49139 (Aug. 28, 2007). 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 an exemption 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
should 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 ViewerTM
to access the Electronic Information Exchange (EIE), a component of the
E-Filing system. The Workplace Forms ViewerTM is free and is
available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
[[Page 41942]]
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 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 a 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 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 request and/
or petition 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).
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, unless an NRC regulation or
other law requires submission of such information. 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 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 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 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
1. This order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information.
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 is necessary for a response to the notice
may request access to such information. 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 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\ See footnote 4. 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 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. 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
[[Page 41943]]
provide the basis and specificity for a proffered contention.
4. Based on an evaluation of the information submitted under items
2 and 3.a through 3.c, 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.
5. A request for access to SUNSI 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;
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
d. The presiding officer has issued a protective order concerning
the information or documents requested.\2\ Any protective order issued
shall provide that the petitioner must file SUNSI 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 contentions by that later deadline.
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\2\ 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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6. If the request for access to SUNSI is granted, the terms and
conditions for access to such 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,\3\ 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 five (5) days, describing
the obstacles to the agreement.
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\3\ 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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7. If the request for access to SUNSI is denied by the NRC staff,
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
comment or explain information. The requester may challenge the NRC
staff's adverse determination with respect to access to SUNSI or with
respect to standing 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 Sec. 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
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.\4\
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\4\ 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
requests submitted to the NRC staff under these procedures.
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8. 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 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 14th day of August 2009.
For the Nuclear Regulatory Commission.
J. Samuel Walker,
Acting Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
(SUNSI) in This Proceeding
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Day Event
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0................................. Publication of Federal Register
notice, including order with
instructions for access requests.
10................................ Deadline for submitting requests for
access to SUNSI with information:
supporting the standing of a
potential party identified by name
and address; and describing the
need for the information in order
for the potential party to
participate meaningfully in an
adjudicatory proceeding.
60................................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does
not require access to SUNSI (+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 need 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).
[[Page 41944]]
25................................ If NRC staff finds no ``need'' for
SUNSI 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.
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 consistent with
decision issuing the protective
order.
A+28.............................. Deadline for submission of
contentions whose development
depends upon access to SUNSI.
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 contentions by that later
deadline.
A+53 (Contention receipt +25)..... Answers to contentions whose
development depends upon access to
SUNSI.
A+60 (Answer receipt +7).......... Petitioner/Intervenor reply to
answers.
B................................. Decision on contention admission.
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[FR Doc. E9-19845 Filed 8-18-09; 8:45 am]
BILLING CODE 7590-01-P