[Federal Register Volume 74, Number 216 (Tuesday, November 10, 2009)]
[Notices]
[Pages 58058-58063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26812]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0473]


Notice; Applications and Amendments to Facility Operating 
Licenses Involving Proposed No Significant Hazards Considerations and 
Containing Sensitive Unclassified Non-Safeguards Information and Order 
Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information

I. Background

    Pursuant to section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the U.S. Nuclear Regulatory Commission (the 
Commission or NRC staff) is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license upon a 
determination by the Commission that such amendment involves no 
significant hazards consideration, notwithstanding the pendency before 
the Commission of a request for a hearing from any person.
    This notice includes notices of amendments containing sensitive 
unclassified non-safeguards information (SUNSI).
    The Commission has made a proposed determination that the following 
amendment requests involve 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. The basis 
for this proposed determination for each amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of

[[Page 58059]]

publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day 
comment period such that failure to act in a timely way would result, 
for example in derating or shutdown of the facility. Should the 
Commission take action prior to the expiration of either the comment 
period or the notice period, it will publish in the Federal Register a 
notice of issuance. Should the Commission make a final No Significant 
Hazards Consideration Determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.
    Written comments may be submitted by mail to the Chief, Rulemaking 
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 01F21, 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, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, 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 the Federal Register 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 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

[[Page 58060]]

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.
    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 1-866-672-7640. 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 submission.
    For further details with respect to this amendment action, see the 
application for amendment which is available for public inspection at 
the Commission's PDR, located at One White Flint North, Public File 
Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
Publicly available records will be accessible electronically from the 
ADAMS Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. If you do not have 
access to ADAMS or if there are problems in accessing the documents 
located in ADAMS, contact the PDR Reference staff at 1-800-397-4209, 
301-415-4737, or by e-mail to [email protected].

Carolina Power & Light Company, et al., Docket No. 50-400, Shearon 
Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North 
Carolina

    Date of amendment request: July 21, 2009.
    Description of amendment request: This amendment request contains 
sensitive unclassified non-safeguards information (SUNSI). The proposed 
amendment would revise Technical Specification Section 6.9.1.6 to add 
the NRC-approved topical report (TR) EMF-23 10(P)(A), ``SRP Chapter 15 
Non-LOCA [Loss-of-Coolant Accident] Methodology for Pressurized Water 
Reactors,'' to the Core Operating Limits Report methodologies list. 
This change will allow the use of thermal-hydraulic computer analysis 
code, S-RELAP5 for Final Safety Analysis Report (FSAR) Chapter 15 non-
LOCA transients in the Shearon Harris Nuclear Power Plant, Unit 1 (HNP) 
safety analyses. Topical Report EMF-23 10(P)(A), Revision 0, was 
approved by the NRC on May 11, 2001, for the application of the S-
RELAP5 thermal-hydraulic computer analysis code to FSAR Chapter 15 non-
LOCA transients. Revision 1 of TR EMF-23 10(P)(A), approved by the NRC 
on May 19, 2004, updated Section 5.6 of the topical report.
    Basis for proposed no significant hazards consideration 
determination: 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 topical report has been reviewed and approved by the NRC for 
use in determining core operating limits. The core operating limits 
to be developed using the new methodologies for HNP will be 
established in accordance with the applicable limitations as 
documented in the NRC Safety Evaluation Reports. In the May 11, 
2001, NRC SE, the NRC concluded that the S-RELAP5 code is capable of 
addressing the thermal-hydraulic response of the target non-LOCA 
events in a conservative manner and is therefore an acceptable 
replacement for the ANF RELAP code. The May 19, 2004, SE for 
Revision 1 to EMF-23 10(P)(A), concluded that the code remained 
acceptable for use for the non-LOCA events.

[[Page 58061]]

    The proposed change, by itself, does not impact the current 
design bases. The proposed change enables the use of new methodology 
to re-analyze certain events. Revised analyses may either result in 
continued conformance with design bases or may change the design 
bases. If design basis changes result from a revised analysis, the 
specific design changes will be evaluated in accordance with HNP 
design change procedures and 10 CFR 50.59.
    The proposed change does not involve physical changes to any 
plant structure, system, or component. Therefore, the probability of 
occurrence for a previously analyzed accident is not significantly 
increased.
    The consequences of a previously analyzed accident are dependent 
on the initial conditions assumed for the analysis, the behavior of 
the fission product barriers during the analyzed accident, the 
availability and successful functioning of the equipment assumed to 
operate in response to the analyzed event, and the setpoints at 
which these actions are initiated. The proposed methodologies will 
ensure that the plant continues to meet applicable design and safety 
analyses acceptance criteria. The proposed change does not affect 
the performance of any equipment used to mitigate the consequences 
of an analyzed accident. As a result, no analysis assumptions are 
impacted and there are no adverse effects on the factors that 
contribute to offsite or onsite dose as a result of an accident. The 
proposed change does not affect setpoints that initiate protective 
or mitigative actions. The proposed change ensures that plant 
structures, systems, and components are maintained consistent with 
the safety analysis and licensing bases.
    Therefore, this amendment does not involve a significant 
increase in the probability or consequences of a previously analyzed 
accident.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change does not involve any physical alteration of 
plant systems, structures, or components, other than allowing for 
fuel design in accordance with NRC approved methodologies. No new or 
different equipment is being installed. No installed equipment is 
being operated in a different manner. There is no change to the 
parameters within which the plant is normally operated or in the 
setpoints that initiate protective or mitigative actions. As a 
result, no new failure modes are being introduced.
    Therefore, the proposed change will not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    There is no impact on any margin of safety resulting from the 
incorporation of this new topical report into the Technical 
Specifications. If design basis changes result from a revised 
analysis that uses these new methodologies, the specific design 
changes will be evaluated in accordance with HNP design change 
procedures and 10 CFR 50.59. Any potential reduction in the margin 
of safety would be evaluated for that specific design change.
    Therefore, this amendment does not involve a significant 
reduction in the 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.
    Attorney for licensee: David T. Conley, Associate General Counsel 
II--Legal Department, Progress Energy Service Company, LLC, Post Office 
Box 1551, Raleigh, North Carolina 27602.
    NRC Branch Chief: Thomas H. Boyce.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

Carolina Power & Light Company, et al., Docket No. 50-400, Shearon 
Harris Nuclear Power Plant, Unit 1, Wake and Chatham Counties, North 
Carolina

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. 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, Maryland 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are [email protected] and [email protected], 
respectively.\1\ The request must include the following information:
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    \1\ 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.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) 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 C.(1);
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention;
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the 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) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no

[[Page 58062]]

later than 25 days after the requestor is granted access to that 
information. However, if more than 25 days remain between the date the 
petitioner is granted 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.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
either after a determination on standing and need for access, or after 
a determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    H. Review of Grants of Access. 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 with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    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.\3\
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    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) 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 request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

    I. 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.
    It is so ordered.

    Dated at Rockville, Maryland, this 30th day of October 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
                           in this Proceeding
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                Day                            Event/activity
------------------------------------------------------------------------
0.................................  Publication of Federal Register
                                     notice of hearing and opportunity
                                     to petition for leave to intervene,
                                     including order with instructions
                                     for access requests.
10................................  Deadline for submitting requests for
                                     access to Sensitive Unclassified
                                     Non-Safeguards Information (SUNSI)
                                     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.
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................................  Nuclear Regulatory Commission (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).
25................................  If NRC staff finds no ``need'' or no
                                     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.
>A + 60...........................  Decision on contention admission.
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.

[[Page 58063]]

 
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.
>A + 60...........................  Decision on contention admission.
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[FR Doc. E9-26812 Filed 11-9-09; 8:45 am]
BILLING CODE 7590-01-P