[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Notices]
[Pages 6601-6606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2862]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-410; NRC-2012-0021]


Facility Operating License Amendment From Nine Mile Point Nuclear 
Station, LLC.; Nine Mile Point Nuclear Station, Unit 2

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment; request for comment and hearing; and order.

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DATES: Comments must be filed by March 9, 2012. A request for a hearing 
must be filed by April 9, 2012. Any potential party as defined in Title 
10 of the Code of Federal Regulations (10 CFR), Section 2.4, who 
believes access to Sensitive Unclassified Non-Safeguards Information 
(SUNSI) and/or Safeguards Information (SGI) is necessary to respond to 
this notice must request document access by February 21, 2012.

ADDRESSES: Please include Docket ID NRC-2012-0021 in the subject line 
of your comments. For additional instructions on submitting comments 
and instructions on accessing documents related to this action, see

[[Page 6602]]

``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-
2012-0021. 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.

FOR FURTHER INFORMATION CONTACT: Richard V. Guzman, Project Manager, 
Plant Licensing Branch 1-1, Division of Operating Reactor Licensing, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone: (301) 415-1030; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. 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]. 
The application for amendment, dated December 30, 2011, is available 
electronically under ADAMS Accession No. ML12009A118. Enclosure 6 of 
the amendment contains proprietary information and, accordingly, those 
portions are being withheld from public disclosure. A redacted version 
of Enclosure 6 is included with the publicly available application for 
amendment.
     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-2012-0021.

II. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-69 issued to Nine Mile Point Nuclear Station, LLC. (the licensee), 
for operation of the Nine Mile Point Nuclear Station, Unit 2, (NMP2) 
located in Oswego, New York.
    The proposed amendment to the NMP2 licensing basis would revise 
Section 4.5 of the NMP2 Updated Safety Analysis Report (USAR) to 
identify Modified Alloy 718 as the material used to fabricate the jet 
pump holddown beams. The NMP2 is planning to replace all 20 of the jet 
pump mixers in the upcoming spring 2012 refueling outage. As part of 
that modification, the existing Alloy X-750 holddown beams will be 
replaced with the Modified Alloy 718 material. The licensee states that 
the Modified Alloy 718 material has similar or improved material 
properties and improved resistance to stress-corrosion cracking 
initiation and propagation as compared to Alloy-750 material. This 
application contains sensitive unclassified non-safeguards information.
    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 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. 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 change is limited to replacement of the existing 
jet pump holddown beam material with Modified Alloy 718 material. 
The jet pump assemblies are not considered an initiator of any 
previously evaluated accident. The jet pumps are passive devices 
that direct reactor coolant flow to the core during normal plant 
operation and function to maintain the ability to reflood the 
reactor to two-thirds core height following a loss of coolant 
accident (LOCA). The Modified Alloy 718 material has similar or 
improved material properties compared to the existing jet pump beam 
material (Alloy X-750). Thus, the jet pump holddown beams fabricated 
from the Modified Alloy 718 material are no more likely to fail than 
the existing jet pump beams, thereby assuring that the jet pump 
assemblies will continue to function to maintain the ability to 
reflood the reactor to two-thirds core height following a LOCA. In 
addition, the material change does not affect the design or 
operation of any accident mitigation system. Therefore, neither the 
types or amounts of radiation released nor the predicted 
radiological consequences of previously evaluated accidents will be 
affected.
    Based on the above discussion, it is concluded that the proposed 
amendment 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 change is limited to the replacement of the 
existing jet pump holddown beam material with Modified Alloy 718 
material. The proposed change does not affect any material related 
failure mechanisms or malfunctions that could be associated with the 
jet pump holddown beam and does not affect the design function of 
the beam to apply a downward clamping force on each inlet 
subassembly to resist the elbow and nozzle hydraulic reaction forces 
during normal operation.

[[Page 6603]]

    The material change does not affect the ability of the jet pump 
assemblies to function to maintain the ability to reflood the 
reactor to two-thirds core height following a LOCA, and does not 
affect the design function or operation of any plant system or 
component. The proposed material change also does not introduce any 
new or different plant operating modes, and does not change any 
setpoints that would alter the dynamic response of plant equipment. 
Therefore, the jet pump holddown beam material change does not 
introduce any new or different accident initiation mechanisms.
    Based on the above discussion, it is concluded that the proposed 
amendment does not create the possibility of a new or different kind 
of accident from any accident previously evaluated.
    3. Does the proposed amendment involve a significant reduction 
in a margin of safety?
    Response: No.
    The proposed change is limited to replacement of the existing 
jet pump holddown beam material with Modified Alloy 718 material. 
The Modified Alloy 718 material has similar or improved material 
properties compared to the existing material such that the jet pump 
assembly design functions are not adversely affected. The proposed 
change does not alter any setpoints at which protective actions are 
initiated, and there are no changes to the design or operational 
requirements for systems or equipment assumed to operate for 
accident mitigation.
    Based on the above discussion, it is concluded that the proposed 
amendment 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 March 9, 2012 will be 
considered in making any final determination. You may submit comments 
using any of the methods discussed under the ADDRESSES section of this 
document.
    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.

III. Opportunity To Request a Hearing; Petitions for Leave To Intervene

    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 2.309, which is available at the NRC's 
Public 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). 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/.
    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

[[Page 6604]]

proceeding. The petition should be submitted to the Commission April 9, 
2012. 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 April 9, 2012.
    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 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 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 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's 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

[[Page 6605]]

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 February 8, 2012. 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: Carey W. Fleming, Senior Counsel, 
Constellation Energy Nuclear Group, LLC., 100 Constellation Way, Suite 
200C, Baltimore, MD 21202.

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-Safeguard 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); 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

[[Page 6606]]

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.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 2nd day of February 2012.
Annette L. Vietti-Cook,
Secretary of the Commission.



   ATTACHMENT 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
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        Day                            Event/Activity
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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).
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. 2012-2862 Filed 2-7-12; 8:45 am]
BILLING CODE 7590-01-P