[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 137-142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32999]
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0289]
Applications and Amendments to Facility Operating Licenses
Involving Proposed No Significant Hazards Considerations and Containing
Sensitive Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment and request a
hearing, order.
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DATES: Comments must be filed by February 2, 2012. A request for a
hearing must be filed by March 5, 2012. Any potential party as defined
in Title 10 of the Code of Federal Regulations (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 January 13, 2012.
ADDRESSES: Please include Docket ID NRC-2011-0289 in the subject line
of your comments. For additional instructions on submitting comments
and instructions on accessing documents related to this action, see
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY
INFORMATION section of this document. 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-
2011-0289. Address questions about NRC dockets to Carol Gallagher,
telephone: (301) 492-3668; email: [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.
SUPPLEMENTARY INFORMATION:
Submitting Comments and Accessing Information
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 can access publicly available documents related to this
document 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 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 the 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 email to
[email protected].
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-2011-0289.
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
[[Page 138]]
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 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 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; (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.
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 NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC
regulations are accessible electronically from the NRC Library on the
NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. 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 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, then any hearing held would take place before
the issuance of any amendment.
All documents filed in the 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 10
days prior to the filing deadline, the
[[Page 139]]
participant should contact the Office of the Secretary by email 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 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 the 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email 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 email 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 the
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 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 NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly
available documents created or received at the NRC are accessible
electronically through ADAMS in the NRC Library at 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 email to
[email protected].
Exelon Generation Company, LLC, Docket No. 50-373, LaSalle County
Station (LSCS), Unit 1, LaSalle County, Illinois
Date of amendment request: October 12, 2011.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would revise Technical Specifications (TS) Section 2.1.1,
``Reactor Core SLs [Safety Limits],'' to reflect an increase of the two
recirculation loop minimum critical power ratio (MCPR) SL from >= 1.11
to
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>= 1.13 and an increase in the single recirculation loop MCPR SL from
>= 1.12 to >= 1.15. The change is required to support the LSCS, Cycle
15, operation. Cycle 15 will be the first cycle of operation with a
mixed core containing the following fuel types: fresh Global Nuclear
Fuel (GNF) GNF2 fuel, and reloaded Areva ATRIUM-10 fuel.
Basis for proposed no significant hazards consideration
determination: In support of the no significant hazards consideration
determination, an evaluation of each of the criteria set forth in 10
CFR 50.92, ``Issuance of amendment'' is provided below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The Minimum Critical Power Ratio Safety Limit (MCPR SL) is
defined in the TS Bases Section B 2.1.1 as that limit ``that, in the
event of an AOO [Anticipated Operational Occurrence] from the
limiting condition of operation, at least 99.9% of the fuel rods in
the core would be expected to avoid boiling transition.'' The MCPR
SL satisfies the requirements of General Design Criterion 10 of
Appendix A to 10 CFR Part 50 regarding acceptable fuel design
limits. The MCPR SL is reevaluated for each reload using NRC-
approved methodologies. The analyses for LSCS, Unit 1, Cycle 15 have
concluded that a two-loop MCPR SL of >= 1.13, based on the
application of Global Nuclear Fuel's (GNF's) NRC-approved MCPR SL
methodology, will ensure that this acceptance criterion is met. For
single-loop operation, a MCPR SL of >= 1.15 also ensures that this
acceptance criterion is met. The MCPR operating limits are presented
and controlled in accordance with the LSCS, Unit 1 Core Operating
Limits Report (COLR).
The requested Technical Specification changes do not involve any
plant modifications or operational changes that could affect system
reliability or performance or that could affect the probability of
operator error. The requested changes do not affect any postulated
accident precursors, do not affect any accident mitigating systems,
and do not introduce any new accident initiation mechanisms.
Therefore, the changes to the Minimum Critical Power Ratio
safety limit do not involve a significant increase in the
probability or consequences of any accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The GNF2 fuel to be used in Cycle 15 is of a design compatible
with the co-resident Areva ATRIUM-10 fuel. Therefore, the
introduction of GNF2 fuel into the Cycle 15 core will not create the
possibility of a new or different kind of accident. The proposed
change does not involve any new modes of operation, any changes to
setpoints, or any plant modifications. The proposed revised MCPR SLs
have accounted for the mixed fuel core and have been shown to be
acceptable for Cycle 15 operation. Compliance with the criterion for
incipient boiling transition continues to be ensured. The core
operating limits will continue to be developed using NRC approved
methods which also account for the mixed fuel core design. The
proposed MCPR SLs or methods for establishing the core operating
limits do not result in the creation of any new precursors to an
accident.
Therefore, this change does not create the possibility of a new
or different kind of accident from any previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The MCPR SLs have been evaluated in accordance with GNF's NRC-
approved cycle-specific limit methodology to ensure that during
normal operation and during AOO's at least 99.9% of the fuel rods in
the core are not expected to experience transition boiling. The
proposed revised MCPR SLs have accounted for the mixed fuel core and
have been shown to be acceptable for Cycle 15 operation. Compliance
with the criterion for incipient boiling transition continues to be
ensured. On this basis, the implementation of the change to the MCPR
SLs does not involve a significant reduction in a margin of safety.
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
requested amendments involve no significant hazards consideration.
Attorney for licensee: Mr. Bradley J. Fewell, Associate General
Counsel, Exelon Nuclear, 4300 Winfield Road, Warrenville, IL 60555.
NRC Branch Chief: Jacob. I. Zimmerman.
Exelon Generation Company, LLC (EGC), Docket No. 50-265, Quad Cities
Nuclear Power Station (QCNPS), Unit 2, Rock Island County, Illinois
Date of amendment request: November 22, 2011.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise the QCNPS, Unit 2 safety limit minimum critical
power ratio (SLMCPR) in TS Section 2.1.1, ``Reactor Core SLs.''
Specifically, the QCNPS Unit 2 two recirculation loop SLMCPR and single
recirculation loop SLMCPR are changed to support the upcoming Cycle 22
operation.
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 Safety Limit Minimum Critical Power Ratio (SLMCPR) is
defined in the TS Bases Section B 2.1.1 as that limit ``that, in the
event of an AOO [Anticipated Operational Occurrence] from the
limiting condition of operation, at least 99.9% of the fuel rods in
the core would be expected to avoid boiling transition.'' The SLMCPR
satisfies the requirements of General Design Criterion 10 of
Appendix A to 10 CFR Part 50 regarding acceptable fuel design
limits. The SLMCPR is reevaluated for each reload using NRC-approved
methodologies. The analyses for QCNPS, Unit 2, Cycle 22, have
concluded that a two-loop SLMCPR of >= 1.12; and a single-loop
SLMCPR of >= 1.14, as determined by the application of the NRC-
approved Westinghouse Electric Company SLMCPR methodology, will
ensure that this acceptance criterion is met. The MCPR operating
limits are presented and controlled in accordance with the QCNPS,
Unit 2 Core Operating Limits Report (COLR).
The requested Technical Specification changes do not involve any
plant modifications or operational changes that could affect system
reliability or performance or that could affect the probability of
operator error. The requested changes do not affect any postulated
accident precursors, do not affect any accident mitigating systems,
and do not introduce any new accident initiation mechanisms.
Therefore, the changes to the SLMCPRs do not involve a
significant increase in the probability or consequences of any
accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
Creation of the possibility of a new or different kind of
accident requires creating one or more new accident precursors. New
accident precursors may be created by modifications of plant
configuration, including changes in allowable modes of operation.
The proposed changes do not involve any plant configuration
modifications or changes to allowable modes of operation. The
proposed SLMCPR values do not result in the creation of any new
precursors to an accident. The proposed change to revise the QCNPS
Unit 2 SLMCPR requirements assures that safety criteria are
maintained for QCNPS Unit 2, Cycle 22.
In addition, the QCNPS, Unit 2, Cycle 22 is the fourth Unit 2
cycle with reload quantities of SVEA-96 Optimal fuel, and is a 100%
SVEA-96 Optimal core. SVEA-96 Optima2 reload fuel was previously
successfully loaded in QCNPS Unit 2 Cycle 19, Cycle 20, and Cycle
21. The NRC-approved Westinghouse SLMCPR methodology was used to
determine the SLMCPRs for these previous cycles. This
[[Page 141]]
same methodology was used to determine the SLMCPRs for Cycle 22.
Therefore, this change does not create the possibility of a new
or different kind of accident from any previously evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The SLMCPR provides a margin of safety by ensuring that at least
99.9% of the fuel rods do not experience transition boiling during
normal operation and AOOs if the SLMCPR limit is not violated. The
proposed change will ensure the current level of fuel protection is
maintained by continuing to ensure that at least 99.9% of the fuel
rods do not experience transition boiling during normal operation
and AOOs if the proposed SLMCPR limits are not violated. The
proposed SLMCPR values were developed using an NRC-approved
methodology. Additionally, operational limits will be established
based on the proposed SLMCPR values to ensure that the SLMCPR is not
violated. This will ensure that the fuel design safety criterion
(i.e., that no more than 0.1% of the rods are expected to be in
boiling transition if the MCPR limit is not violated) is met.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
Based on the above evaluation, EGC concludes that the proposed
amendment presents no significant hazards consideration under the
standards set forth in 10 CFR 50.92(c).
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: Mr. Bradley J. Fewell, Associate General
Counsel, Exelon Nuclear,. 4300 Winfield Road, Warrenville, IL 60555.
NRC Branch Chief: Jacob I. Zimmerman.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation.
Exelon Generation Company, LLC, Docket No. 50-373, LaSalle County
Station, Unit 1, LaSalle County, Illinois
Exelon Generation Company, LLC, Docket No. 50-265, Quad Cities Nuclear
Power Station, Unit 2, Rock Island County, Illinois
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 email
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.
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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);
(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
[[Page 142]]
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 20th day of December 2011.
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
------------------------------------------------------------------------
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.
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[FR Doc. 2011-32999 Filed 12-30-11; 8:45 am]
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