[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Notices]
[Pages 30399-30404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12957]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-269, 50-270, and 50-287; NRC-2011-0113]
Duke Energy Carolinas, LLC, Oconee Nuclear Station, Units 1, 2,
and 3, Notice of Consideration of Issuance of Amendment to Facility
Operating License, Proposed No Significant Hazards Consideration
Determination, and Opportunity for a Hearing and Order Imposing
Procedures for Document Access to Sensitive Unclassified Non-Safeguards
Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request, opportunity to comment,
opportunity to request a hearing, and Commission order.
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DATES: Submit comments by June 24, 2011. A request for a hearing must
be filed by July 25, 2011. Any potential party as defined in 10 CFR 2.4
who believes access to Sensitive Unclassified Non-Safeguards
Information (SUNSI) is necessary to respond to this notice must request
document access by June 6, 2011.
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2011-0113 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
http://www.regulations.gov. Because your comments will not be edited to
remove any identifying or contact information, the NRC cautions you
against including any information in your submission that you do not
want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed. You may submit comments by any one of the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0113. Address questions about NRC dockets to Carol Gallagher 301-
492-3668; e-mail [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001,
Fax comments to: RADB at 301-492-3446. You can access
publicly available documents related to this notice using the following
methods:
NRC's Public Document Room (PDR): The public may examine, and have
copied for a fee, publicly available documents at the NRC's PDR, Room
O1 F21, One White Flint North, 11555
[[Page 30400]]
Rockville Pike, Rockville, Maryland 20852. These documents may also be
viewed electronically on the public computers located at the NRC's PDR
at 11555 Rockville Pike, Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which
provides text and image files of NRC's public documents. If you do not
have access to ADAMS or if there are problems in accessing the
documents located in ADAMS, contact the NRC's PDR reference staff at 1-
800-397-4209, 301-415-4737, or by e-mail to [email protected]. The
application for amendment, dated June 29, 2009, contains proprietary
information and accordingly, those portions are being withheld from
public disclosure. A redacted version of the application for amendment
is available electronically under ADAMS Accession Number ML091871223.
The supplements to the application dated June 24, 2010 (ADAMS Accession
Number ML101830011), and February 15, 2011 (ADAMS Accession Number
ML091871223), do not contain any proprietary information.
Federal Rulemaking Web site: Public comments and supporting
materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC-2011-0113.
FOR FURTHER INFORMATION CONTACT: Mr. John Stang, Project Manager, Plant
Licensing Branch 2-1, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: 301-415-1345; fax number: 301-415-
1222; e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an amendment to Renewed Facility Operating
Licenses Nos. DPR-38, DPR-47, and DPR-55 issued to Duke Energy
Carolinas, LLC (the licensee), for operation of the Oconee Nuclear
Station, Units 1, 2, and 3 located in Oconee County, South Carolina.
The proposed amendment would approve changes to the Updated Final
Safety Analysis Report to allow the use of fiber reinforced polymer on
masonry walls for uniform pressure loads resulting from a tornado
event.
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 amendment
request involves no significant hazards consideration. Under the
Commission's regulations in Title 10 of the Code of Federal Regulations
(10 CFR) 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 propose change involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: Physical protection from a tornado event is a design
basis criterion rather than a requirement of a previously analyzed
[Updated Final Safety Analysis Report] UFSAR accident analysis. The
current licensing basis (CLB) for Oconee states that systems,
structures, and components (SSC's) required to shut down and maintain
the units in a shutdown condition will not fail as a result of damage
caused by natural phenomena.
The in-fill masonry walls to be strengthened using an FRP system
are passive, non-structural elements. The use of an [fiber reinforced
polymer] FRP system on existing Auxiliary Building masonry walls will
allow them to resist uniform pressure loads resulting from a tornado
and will not adversely affect the structure's ability to withstand
other design basis events such as earthquakes or fires.
Therefore, the proposed use of FRP on existing masonry walls will
not significantly increase the probability or consequences of an
accident previously evaluated.
(2) Does the propose change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: The final state of the FRP system is passive in nature
and will not initiate or cause an accident. More generally, this
understanding supports the conclusion that the potential for new or
different kinds of accidents is not created.
(3) Does the propose change involve a significant reduction in a
margin of safety?
Response: The application of an FRP system to existing Auxiliary
Building masonry walls will act to enhance the margin of safety, e.g.,
the West Penetration Room walls, by increasing the walls' ability to
resist tornado-induced differential pressure.
Consequently, this 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.
The Commission is seeking public comments on this proposed
determination. Any comments received by June 24, 2011 will be
considered in making any final determination. You may submit comments
using any of the methods discussed under the ADDRESSES caption.
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.
II. Opportunity To Request a Hearing
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, petitions to
intervene, requirements for standing, and contentions.'' Interested
persons should consult 10 CFR part 2, Section 2.309, which is available
at the NRC's Public
[[Page 30401]]
Document Room (PDR), Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852 (or call the PDR at 1-800-397-4209
or 301-415-4737). NRC regulations are also accessible online from the
NRC Library at http://www.nrc.gov/reading-rm/adams.html.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the requestor/petitioner in the proceeding and how that
interest may be affected by the results of the proceeding. The petition
must provide the name, address, and telephone number of the requestor
or petitioner and specifically explain the reasons why the intervention
should be permitted with particular reference to the following factors:
(1) The nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (2) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The petition must also identify the specific contentions
which the requestor/petitioner seeks to have litigated at the
proceeding.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings the NRC must make to support
the granting of a license amendment in response to the application. The
petition must include a concise statement of the alleged facts or
expert opinions which support the position of the requestor/petitioner
and on which the requestor/petitioner intends to rely at hearing,
together with references to the specific sources and documents on which
the requestor/petitioner intends to rely. Finally, the petition must
provide sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact, including
references to specific portions of the application for amendment that
the requestor/petitioner disputes and the supporting reasons for each
dispute, or, if the requestor/petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's/petitioner's belief. Each contention must
be one which, if proven, would entitle the requestor/petitioner to
relief.
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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board (the Licensing Board) will set the time and
place for any prehearing conferences and evidentiary hearings, and the
appropriate notices will be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
presiding officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian Tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by July
25, 2011. The petition must be filed in accordance with the filing
instructions in Section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that State and Federally-recognized Indian Tribes do
not need to address the standing requirements in 10 CFR 2.309(d)(1) if
the facility is located within its boundaries. The entities listed
above could also seek to participate in a hearing as a nonparty
pursuant to 10 CFR 2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by July 25, 2011.
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, then any hearing
held would take place before the issuance of any amendment.
IV. Electronic Submissions (E-Filing)
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 identification (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
[[Page 30402]]
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 the 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 the 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 the Electronic Information Exchange System,
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 1-866-672-7640. 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://ehd1.nrc.gov/EHD/, 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 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 May 25, 2011. 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).
Attorney for licensee: Lara S. Nichols, Associate General Counsel,
Duke Energy Corporation, 526 South Church Street--EC07H, Charlotte, NC
28202.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
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
[[Page 30403]]
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.
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(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); and
(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.
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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 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
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\ 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.
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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 18th day of May 2011.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting 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
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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).
[[Page 30404]]
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.
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[FR Doc. 2011-12957 Filed 5-24-11; 8:45 am]
BILLING CODE 7590-01-P