[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72889-72893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29523]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-228; NRC-2012-0286]
Aerotest Operations, Inc., Consideration of Indirect Transfer and
Conforming Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for license transfer; 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
the issuance of an Order under section 50.80 of Title 10 of the Code of
Federal Regulations (10 CFR) approving the indirect transfer of
Facility Operating License No. R-98 for the Aerotest Radiography and
Research Reactor (ARRR) currently held by Aerotest Operations, Inc.,
(Aerotest or the licensee) as owner and licensed operator of ARRR.
Aerotest is a wholly-owned subsidiary of OEA Aerospace, Inc., which, in
turn, is a wholly-owned subsidiary of OEA Aerospace, Inc., which is a
wholly-owned subsidiary of Autoliv ASP, Inc. (collectively ``seller'').
The ultimate owner is Autoliv, Inc. The NRC is also considering
amending the license and Technical Specifications for administrative
purposes to reflect the proposed indirect transfer.
DATES: Comments must be filed by January 7, 2013. A request for a
hearing must be filed by December 26, 2012. Any potential party as
defined by 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 December 17, 2012.
ADDRESSES: You may access information and comment submissions related
to this document, which the NRC possesses and are publicly available,
by searching on http://www.regulations.gov under Docket ID NRC-2012-
0286. You may submit comments by any of the following methods (unless
this document describes a different method for submitting comments on a
specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0286. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; email
[email protected].
Mail comments to: 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, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Spyros Traiforos, Project Manager,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-3965; or
email at: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0286 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-2012-0286.
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. The application dated May 30, 2012, supplemented by letter
dated July 19, 2012, and response to request for additional information
dated October 15, 2012, contain confidential information and,
accordingly, those portions are being withheld from public disclosure.
A redacted version of the application and its supplement is available
electronically under ADAMS Accession Nos. ML12180A384 and ML122021201,
respectively. A redacted version of the response to the request for
additional information is available under ADAMS Accession No.
ML12291A508.
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-2012-0286 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 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. Introduction
The Commission is considering the issuance of an Order under 10 CFR
50.80 approving the indirect transfer of
[[Page 72890]]
Facility Operating License No. R-98 for the Aerotest Radiography and
Research Reactor (ARRR) currently held by Aerotest Operations, Inc.,
(Aerotest or the licensee) as owner and licensed operator of ARRR.
Aerotest is a wholly-owned subsidiary of OEA Aerospace, Inc., which, in
turn, is a wholly-owned subsidiary of OEA Aerospace, Inc., which is a
wholly-owned subsidiary of Autoliv ASP, Inc. (collectively ``seller'').
The ultimate owner is Autoliv, Inc. The Commission is also considering
amending the license and Technical Specifications for administrative
purposes to reflect the proposed indirect transfer.
According to an application for approval dated May 20, 2012, as
supplemented by letters dated July 19, 2012, and October 15, 2012,
(hereinafter ``the application''), Aerotest and Nuclear Labyrinth LLC,
(``the applicants'') seek approval, under 10 CFR 50.80, of the indirect
transfer of control of the licensee. The indirect transfer of control
would result from acquisition of Aerotest Operations, Inc., by Nuclear
Labyrinth LLC through a stock transfer. Nuclear Labyrinth LLC would
indirectly own 100% of ARRR through its ownership of Aerotest. There
will be no direct transfer of the license. Aerotest would continue to
own and operate the facility and hold the license.
No physical changes to the facilities or operational changes are
being proposed in the application. The proposed conforming amendment
would replace references to OEA Aerospace, Inc., in the license with
``Aerotest Operations, Inc., which is owned by Nuclear Labyrinth LLC.''
Pursuant to 10 CFR 50.80, no license, or any right thereunder,
shall be transferred, directly or indirectly, through transfer of
control of the license, unless the Commission shall give its consent in
writing. The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the indirect
transfer will not affect the qualifications of the licensee to hold the
license and that the transfer is otherwise consistent with applicable
provisions of law, regulations, and Orders issued by the Commission
pursuant thereto.
Before issuance of the proposed conforming 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 filing of requests for hearing and petitions for leave to
intervene, and written comments with regard to the license transfer
application, are discussed below. Access to the application and
supplements is discussed in Section II, ``Availability of Documents.''
A portion of the May 30, 2012, application and its supplement dated
July 19, 2012, and response to request for additional information dated
October 15, 2012, contain SUNSI and are not available to the public.
III. 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
PDR, located at O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, MD 20852 (or call the PDR at 800-397-4209 or 301-415-4737).
The NRC's regulations are available online in the NRC Library at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application and who wishes to participate as a party in the
proceeding must file a written request for hearing and petition for
leave to intervene via electronic submission through the NRC's E-Filing
system. As required by the Commission's rules of practice at 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 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 the
transfer of control of the license 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 amendment that the petitioner
disputes and the supporting reasons for each dispute, or, if the
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 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 regulations, policies, and procedures. The
Licensing Board will set the time and place for any pre-hearing
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, local governmental body, Federally-recognized Indian
tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1) and (2). The petition
should state the nature and extent of the petitioner's interest in the
[[Page 72891]]
proceeding. The petition should be submitted to the Commission by
December 26, 2012. The petition must be filed in accordance with the
filing instructions in section III of this document, and should meet
the requirements for petitions for leave to intervene set forth in this
section, except that under 2.309(h)(2) a State, local governmental
body, or Federally-recognized Indian tribe does not need to address the
standing requirements in 10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local governmental body, Federally-
recognized Indian tribe, or agency thereof may also have the
opportunity to participate under 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.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the Internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings, unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 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 (1) request 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 NRC'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-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 NRC'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 to 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
[[Page 72892]]
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.
Attorney for applicant: Pillsbury Winthrop Shaw Pittman LLP, 2300 N
Street NW., Washington, DC 20037; telephone: 202-663-8063, email at:
[email protected] (counsel for Aerotest).
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication of this notice 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
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
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.
[[Page 72893]]
Dated at Rockville, Maryland, this 30th day of Nov., 2012.
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
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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; and (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.
>A + 60.................... Decision on contention admission.
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[FR Doc. 2012-29523 Filed 12-5-12; 8:45 am]
BILLING CODE 7590-01-P