[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68155-68160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27757]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-170; NRC-2012-0272]


The Armed Forces Radiobiology Research Institute TRIGA Reactor: 
Facility Operating License No. R-84

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; docketing; opportunity to comment; 
opportunity to request a hearing and petition for leave to intervene; 
order.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an 
application for the renewal of Facility Operating License No. R-84 
(Application), which currently authorizes the Armed Forces Radiobiology 
Research Institute (the licensee) to operate the Armed Forces 
Radiobiology Research Institute (AFFRI) TRIGA Reactor at a maximum 
steady-state thermal power of 1.1 megawatts (MW). The renewed license 
would authorize the licensee to operate the AFFRI TRIGA Reactor up to a 
steady-state thermal power of 1.1 MW for an additional 20 years from 
the date of issuance.

DATES: Submit comments by December 17, 2012. Requests for a hearing or 
leave to intervene must be filed by January 14, 2013. Any potential 
party as defined in Section 2.4 of Title 10 of the Code of Federal 
Regulations (10 CFR), who believes access to Sensitive Unclassified 
Non-Safeguards Information (SUNSI) is necessary to respond to this 
notice must request document access by November 26, 2012.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and are publically available, 
by searching on http://www.regulations.gov under Docket ID NRC-2012-
0272. You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0272. 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 additional direction on accessing information and submitting 
comments,

[[Page 68156]]

see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Cindy Montgomery, Project Manager, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-3398; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0272 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document, which the NRC possesses 
and are publicly available, by any of the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0272.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. In addition, for the convenience of the reader, the ADAMS 
accession numbers for documents that pertain to the AFRRI license 
renewal are provided in Section II, Availability of Documents, of this 
document.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2012-0272 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Availability of Documents

    The following documents pertain to the AFRRI License Renewal: June 
24, 2004, (ML041800067, ML041800068, ML101650415); March 4, 2010, 
(ML101650422); August 13, 2010, (ML102310075); August 25, 2010, 
(ML102440034); September 27, 2010, (ML110260024); October 19, 2010, 
(ML103070125); October 21, 2010, (ML103070121); February 7, 2011, 
(ML110460687); June 3, 2011, (ML11165A016); June 20, 2011, 
(ML112232300); September 6, 2011, (ML11269A030); October 20, 2011, 
(ML113410120); November 28, 2011, (ML11341A133, ML113460085); January 
17, 2012, (ML12032A054); April 20, 2012, (ML12122A146); September 21, 
2012, (ML12272A303).

III. Introduction

    The NRC is considering an application for the renewal of Facility 
Operating License No. R-84, which currently authorizes the licensee to 
operate the AFFRI TRIGA Reactor at a maximum steady-state thermal power 
of 1.1 MW. The renewed license would authorize the licensee to operate 
the AFFRI TRIGA Reactor up to a steady-state thermal power of 1.1 MW 
for an additional 20 years from the date of issuance.
    On June 24, 2004, as supplemented by letters dated March 4, August 
13, August 25, September 27, October 19, and October 21, 2010; February 
7, June 3, June 20, September 6, October 20, and November 28, 2011; 
January 17, April 20, and September 21, 2012, the NRC received an 
application from the licensee filed pursuant to 10 CFR 50.51(a) to 
renew Facility Operating License No. R-84 for the AFFRI TRIGA Reactor.
    The application contains SUNSI.
    Based on its initial review of the application, the NRC staff 
determined that the licensee submitted sufficient information in 
accordance with 10 CFR 50.33 and 10 CFR 50.34 so that the application 
is acceptable for docketing. The current Docket No. 50-170 for Facility 
Operating License No. R-84 will be retained. The docketing of the 
renewal application does not preclude requests for additional 
information as the review proceeds, nor does it predict whether the 
Commission will grant or deny the application. Prior to a decision to 
renew the license, the Commission will make findings required by the 
Atomic Energy Act of 1954, as amended (the Act), and the Commission's 
rules and regulations.
    Detailed guidance which the NRC uses to review applications for the 
renewal of non-power reactor licenses can be found in NUREG-1537, 
``Guidelines for Preparing and Reviewing Applications for the Licensing 
of Non-Power Reactors.'' The detailed review guidance (NUREG-1537) may 
be accessed online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML042430055 for part one of NUREG-
1537 and ADAMS Accession No. ML042430048 for part two of NUREG-1537.

IV. Opportunity To Request a Hearing and 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), located at 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's regulations are also accessible 
electronically from the NRC Library on the NRC's public 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 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 petitioner and 
specifically explain the reasons why intervention should be permitted 
with

[[Page 68157]]

particular reference to the following factors: (1) The nature of the 
petitioner's right under the Act to be made a party to the proceeding; 
(2) the nature and extent of the petitioner's property, financial, or 
other interest in the proceeding; and (3) the possible effect of any 
order that may be entered in the proceeding on the petitioner's 
interest.
    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 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 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 
renewal in response to the application. The petition must also include 
a concise statement of the alleged facts or expert opinions which 
support the position of the petitioner and on which the petitioner 
intends to rely at hearing, together with references to the specific 
sources and documents on which the 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 
license renewal that the petitioner disputes and the supporting reasons 
for each dispute, or, if the petitioner believes that the application 
for license renewal fails to contain information on a relevant matter 
as required by law, the identification of each failure and the 
supporting reasons for the petitioner's belief. Each contention must be 
one that, if proven, would entitle the 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 the NRC's regulations, policies, and procedures. The 
Atomic Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Requests for hearing, petitions for leave to intervene, and motions 
for leave to file new or amended contentions that are filed after the 
60-day deadline will not be entertained absent a determination by the 
presiding officer that the filing demonstrates good cause by satisfying 
the following three factors in 10 CFR 2.309(c)(1): (i) The information 
upon which the filing is based was not previously available; (ii) the 
information upon which the filing is based is materially different from 
information previously available; and (iii) the filing has been 
submitted in a timely fashion based on the availability of the 
subsequent information.
    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 
January 14, 2013. The petition must be filed in accordance with the 
filing instructions in Section V of this document, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that State, local governmental bodies, 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).
    If a hearing is granted, any person who does not wish to become a 
party to the proceeding may, in the discretion of the presiding 
officer, be permitted to make a limited appearance under 10 CFR 
2.315(a), by making an oral or written statement of his or her position 
on the issues at any session of the hearing or at any pre-hearing 
conference, within the limits and conditions fixed by the presiding 
officer. However, that person may not otherwise participate in the 
proceeding. 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 Atomic Safety and 
Licensing Board. Persons desiring to make a limited appearance are 
requested to inform the Secretary of the Commission by January 14, 
2013.

V. 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's 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 NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-

[[Page 68158]]

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's 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's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[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.

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 SUNSI.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. The requester shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The 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 requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement

[[Page 68159]]

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 
after a determination on standing and need for access, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
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    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI request submitted to the NRC staff under these 
procedures.
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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 8th day of November 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
----------------------------------------------------------------------------------------------------------------
0...........................................  Publication of Federal Register notice of hearing and opportunity
                                               to petition for leave to intervene, including order with
                                               instructions for access requests.
10..........................................  Deadline for submitting requests for access to Sensitive
                                               Unclassified Non-Safeguards Information (SUNSI) with information:
                                               supporting the standing of a potential party identified by name
                                               and address; describing the need for the information in order for
                                               the potential party to participate meaningfully in an
                                               adjudicatory proceeding.
60..........................................  Deadline for submitting petition for intervention containing: (i)
                                               Demonstration of standing; (ii) all contentions whose formulation
                                               does not require access to SUNSI (+25 Answers to petition for
                                               intervention; +7 petitioner/requestor reply).
20..........................................  Nuclear Regulatory Commission (NRC) staff informs the requester of
                                               the staff's determination whether the request for access provides
                                               a reasonable basis to believe standing can be established and
                                               shows need for SUNSI. (NRC staff also informs any party to the
                                               proceeding whose interest independent of the proceeding would be
                                               harmed by the release of the information.) If NRC staff makes the
                                               finding of need for SUNSI and likelihood of standing, NRC staff
                                               begins document processing (preparation of redactions or review
                                               of redacted documents).
25..........................................  If NRC staff finds no ``need'' or no likelihood of standing, the
                                               deadline for petitioner/requester to file a motion seeking a
                                               ruling to reverse the NRC staff's denial of access; NRC staff
                                               files copy of access determination with the presiding officer (or
                                               Chief Administrative Judge or other designated officer, as
                                               appropriate). If NRC staff finds ``need'' for SUNSI, the deadline
                                               for any party to the proceeding whose interest independent of the
                                               proceeding would be harmed by the release of the information to
                                               file a motion seeking a ruling to reverse the NRC staff's grant
                                               of access.
30..........................................  Deadline for NRC staff reply to motions to reverse NRC staff
                                               determination(s).
40..........................................  (Receipt +30) If NRC staff finds standing and need for SUNSI,
                                               deadline for NRC staff to complete information processing and
                                               file motion for Protective Order and draft Non-Disclosure
                                               Affidavit. Deadline for applicant/licensee to file Non-Disclosure
                                               Agreement for SUNSI.
A...........................................  If access granted: Issuance of presiding officer or other
                                               designated officer decision on motion for protective order for
                                               access to sensitive information (including schedule for providing
                                               access and submission of contentions) or decision reversing a
                                               final adverse determination by the NRC staff.
A + 3.......................................  Deadline for filing executed Non-Disclosure Affidavits. Access
                                               provided to SUNSI consistent with decision issuing the protective
                                               order.
A + 28......................................  Deadline for submission of contentions whose development depends
                                               upon access to SUNSI. However, if more than 25 days remain
                                               between the petitioner's receipt of (or access to) the
                                               information and the deadline for filing all other contentions (as
                                               established in the notice of hearing or opportunity for hearing),
                                               the petitioner may file its SUNSI contentions by that later
                                               deadline.
A + 53......................................  (Contention receipt +25) Answers to contentions whose development
                                               depends upon access to SUNSI.
A + 60......................................  (Answer receipt +7) Petitioner/Intervenor reply to answers.

[[Page 68160]]

 
>A + 60.....................................  Decision on contention admission.
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[FR Doc. 2012-27757 Filed 11-14-12; 8:45 am]
BILLING CODE 7590-01-P