[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9445-9449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3988]
[[Page 9445]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2010-0054]
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 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).
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing
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
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 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 requestor/petitioner
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
requestor/petitioner 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 requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one
[[Page 9446]]
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 (72 FR 49139,
August 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 participant should
contact the Office of the Secretary by e-mail at
[email protected], or by telephone at (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
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
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. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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
E-Filing 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 by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at (866) 672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
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. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
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, or the 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
[[Page 9447]]
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.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(viii).
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 01F21, 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].
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station,
Salem County, New Jersey
Date of amendment request: December 21, 2009.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would allow the production of Cobalt-60 (Co-60) by
irradiating Cobalt-59 targets located in modified fuel assemblies
called Isotope Test Assemblies (ITAs). The amendment would allow the
licensee to load up to 12 ITAs into the Hope Creek Generating Station
(HCGS) reactor core beginning with the fall 2010 refueling outage. The
modified fuel assemblies, also referred to as GE14i ITAs, are planned
to be in operation as part of a joint pilot program with Global Nuclear
Fuel--Americas, LLC and GE--Hitachi Nuclear Energy Americas, LLC (GEH).
The purpose of the pilot program is to obtain data to verify that the
modified fuel assemblies perform satisfactorily in service prior to use
on a production basis. The Co-60 is ultimately intended for use in the
medical industry for use in cancer treatments, and blood and instrument
sterilization; in the radiography and security industries for imaging;
and in the food industry for cold pasteurization and irradiation
sterilization.
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 amendment involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The proposed changes to the license conditions provide
clarification and do not impact plant operation in any manner. The
handling of byproduct material (i.e., Co-60) will continue to be
done in accordance with the requirements of 10 CFR 30 and the
requirements of the HCGS Facility Operating License. The proposed
change to [Technical Specification (TS)] 5.3.1 provides
clarification and additional description of the proposed ITAs to be
used in the HCGS core. These changes do not involve an increase in
the probability or consequences of an accident previously evaluated.
The use of the GE14i ITAs, has been evaluated for impact on the
previously evaluated transients and design basis accidents for HCGS.
GEH Safety Analysis Report--NEDC-33529P, ``Safety Analysis Report to
Support Introduction of GE14i Isotope Test Assemblies (ITAs) in Hope
Creek Generating Station,'' dated December 2009, documents the
results of the analyses completed to demonstrate the impact on
operation following introduction of the ITAs in the HCGS core. The
use of these ITAs does not adversely affect accident initiators or
precursors, design assumptions, or the manner in which the plant is
operated and maintained. The Cycle 17 (i.e., the first cycle of
operation with the GE14i assembly) core will be designed so that the
ITAs will be placed in non-limiting locations with respect to
thermal limit margins or shutdown margins. The ITAs do not adversely
affect the ability of any structures, systems or components (SSCs)
to perform their intended safety function to mitigate the
consequences of an initiating event within the assumed acceptance
limits.
PSEG has also evaluated the effects of these ITAs on post-
irradiation conditions. The additional heat from the Co-60 decay is
insignificant when compared to the total heat from a normal
refueling discharge. The small amount of extra heat added by the
cobalt isotope rods poses no additional risk of spent fuel pool
(SFP) local boiling over that previously analyzed. The maximum
incident radiation due to an irradiated GE14i bundle placed one foot
from the spent fuel pool walls is in excess of the radiation that
would result in significant gamma heating of the concrete. However,
analysis has demonstrated that at four feet, the energy deposition
rate is well below that required to cause significant concrete
heating. HCGS procedures exist to guide placement of irradiated fuel
bundles in the SFP to avoid gamma heating of the wall concrete.
These procedures will be modified to specify that irradiated GE14i
bundles must be stored at least four feet from the SFP walls. With
the four foot distance requirement in effect, there is no limitation
on the amount of time an irradiated GE14i bundle can be stored in
the SFP.
Handling of the licensed transfer casks will be in accordance
with the guidance in NUREG 0612, ``Control of Heavy Loads at Nuclear
Power Plants,'' using the Reactor Building crane. These precautions
will support safe movement of the casks within the Reactor Building.
The consequences of a previously analyzed event are dependent on
the initial conditions assumed in the analysis, the availability and
successful functioning of equipment assumed to operate in response
to the analyzed event, and the setpoints at which these actions are
initiated. The consequences of a previously evaluated accident are
not significantly increased by the proposed change. As documented in
NEDC-33529P, the proposed change does not affect the performance of
any equipment credited to mitigate the radiological consequences of
an accident. Evaluation of operation with the GE14i assemblies in
the HCGS core demonstrated that the licensing basis radiological
analyses are not adversely impacted by the introduction of twelve
GE14i assemblies at HCGS. This includes the analyses done for the
transients and design basis accident events.
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed amendment create the possibility of a new
or different kind of accident from any accident previously
evaluated?
Response: No.
The proposed revision to the HCGS license conditions and TS
5.3.1 will not introduce any new or modified equipment since these
changes are intended to provide clarification only. These
clarifications will not result in operation of the facility in a
different way than currently operated.
While the proposed ITA pilot program does result in the
introduction of several modified fuel bundles (the GE14i assemblies)
these assemblies are essentially the same as the GE14 assemblies
currently in use in the HCGS core. The only difference is the use of
a number of cobalt isotope rods in place of fuel rods. The GE14i
assembly was designed for mechanical, nuclear, and thermal-hydraulic
compatibility with the GE14 fuel design. The details of the design
differences between GE14 and GE14i are documented in NEDC-33529P.
Use of the proposed ITAs does not involve the addition or
modification of any plant equipment other than the bundles modified
to include the cobalt isotope rods. Also, use of the proposed ITAs
will not alter the design configuration or method of operation of
plant equipment beyond its normal functional capabilities. The ITA
pilot program does not create any new credible failure mechanisms,
malfunctions or accident initiators.
Therefore, the proposed change does not create the possibility
of a new or different
[[Page 9448]]
kind of accident from any previously evaluated.
3. Does the proposed amendment involve a significant reduction
in a margin of safety?
Response: No.
The proposed changes to the HCGS operating license conditions
are intended to provide clarification as to how the generation of
byproduct material in the HCGS reactor core meets the requirements
of 10 CFR Part 30. The proposed change to TS 5.3.1 also provides
clarification and additional description of the proposed ITAs to be
used in the HCGS core. These proposed changes will not affect the
design or operation of any equipment important to safety. In
addition, the proposed changes to the license conditions and TS do
not affect the results of any safety calculations.
Cycle independent analyses documented in NEDC-33529P show that
the acceptance criteria for the safety analyses are not affected and
are met. Cycle specific analyses for the ITAs will be performed as
described in NEDC-33529P to establish fuel operating requirements
that assure compliance with regulatory limits.
The proposed ITA pilot program has no impact on equipment design
or fundamental operation, other than the modifications made to the
fuel assembly as part of the program. The GE14i ITAs meet the same
fuel design and licensing criteria as GE14 bundles. There are no
changes being made to safety limits or safety system allowable
values that would adversely affect plant safety as a result of the
proposed ITAs. The performance of the systems important to safety is
not affected by the use of the proposed ITAs. The proposed change
does not adversely affect safety analysis assumptions, initial
conditions, or acceptance criteria and therefore, the margin of
safety in the original safety analyses is maintained.
Therefore, the proposed change does not involve a significant
reduction in a 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: Vincent Zabielski, PSEG Nuclear LLC--N21,
P.O. Box 236, Hancocks Bridge, NJ 08038.
NRC Branch Chief: Harold K. Chernoff.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
PSEG Nuclear LLC, Docket No. 50-354, Hope Creek Generating Station,
Salem County, New Jersey
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 requestor 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:
---------------------------------------------------------------------------
\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 requestor'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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 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 requestor 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 requestor may
[[Page 9449]]
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\
---------------------------------------------------------------------------
\3\ Requestors 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 22nd day of February 2010.
For the 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
------------------------------------------------------------------------
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 requestor/petitioner reply).
20....................... Nuclear Regulatory Commission (NRC) staff
informs the requestor 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
requestor/petitioner 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.
------------------------------------------------------------------------
[FR Doc. 2010-3988 Filed 3-1-10; 8:45 am]
BILLING CODE 7590-01-P