[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9945-9951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03201]
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NUCLEAR REGULATORY COMMISSION
[NRC-2013-0023]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Order Imposing Procedures for Access to Sensitive
Unclassified Non-Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing, and petition for leave to intervene, order.
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DATES: Submit comments by March 14, 2013. Requests for a hearing or
leave to intervene must be filed by April 15,
[[Page 9946]]
2013. Any potential party as defined in Sec. 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 February 22, 2013.
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-2013-
0023. 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-2013-0023. 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, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2013-0023 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document by any of the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0023.
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 notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
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-2013-0023 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. Background
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (NRC) is
publishing this notice. The Act requires the Commission to publish
notice of any amendments issued, or proposed to be issued and grants
the Commission the authority to issue and make immediately effective
any amendment to an operating license or combined license, as
applicable, upon a determination by the Commission that such amendment
involves no significant hazards consideration, notwithstanding the
pendency before the Commission of a request for a hearing from any
person.
This notice includes notices of amendments containing SUNSI.
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses and Combined Licenses, Proposed No Significant Hazards
Consideration Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests involve no significant hazards consideration. Under
the Commission's regulations in 10 CFR 50.92, this means that operation
of the facility in accordance with the proposed amendment would not (1)
involve a significant increase in the probability or consequences of an
accident previously evaluated; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. The basis
for this proposed determination for each amendment request is shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example, in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license or
combined license. Requests for a hearing and a petition for leave to
[[Page 9947]]
intervene shall be filed in accordance with the Commission's ``Agency
Rules of Practice and Procedure'' in 10 CFR Part 2. Interested
person(s) should consult a current copy of 10 CFR 2.309, which is
available at the NRC's PDR, located at One White Flint North, Room O1-
F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. The
NRC regulations are accessible electronically from the NRC Library on
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is
filed within 60 days, the Commission or a presiding officer designated
by the Commission or by the Chief Administrative Judge of the Atomic
Safety and Licensing Board Panel, will rule on the request and/or
petition; and the Secretary or the Chief Administrative Judge of the
Atomic Safety and Licensing Board will issue a notice of a hearing or
an appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be issued in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
If a hearing is requested, and the Commission has not made a final
determination on the issue of no significant hazards consideration, the
Commission will make a final determination on the issue of no
significant hazards consideration. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of any amendment.
All documents filed in the NRC adjudicatory proceedings, including
a request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC'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 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 the 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-
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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 Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. 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.
Entergy Operations, Inc., System Energy Resources, Inc., South
Mississippi Electric Power Association and Entergy Mississippi, Inc.,
Docket No. 50-416, Grand Gulf Nuclear Station, Unit 1 (GGNS), Claiborne
County, Mississippi
Date of amendment request: October 26, 2012. A publicly available
version is in ADAMS under Accession No. ML12306A519.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The proposed
amendment would delete paragraph 2.C.(32), Partial Feedwater Heating,
of the GGNS facility operating license to allow GGNS to operate with
the Final Feedwater Temperature Reduction (FFWTR) at the end of a fuel
cycle for the purpose of extending the cycle. The FFWTR flexibility
option would allow operating with a reduction of 100 degrees Fahrenheit
([deg]F) in the feedwater temperature at rated thermal power
conditions.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below:
1. Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The effect of operating with Final Feedwater Temperature
Reduction (FFWTR) on the probability and consequences of accidents,
Anticipated Operational Occurrences (AOO), and events documented in
the Updated Final Safety Analysis (UFSAR) was reviewed.
The impact of FFWTR on the Design Basis Accident (DBA) Loss-of-
Coolant Accident (LOCA) was considered. Evaluations and analyses
determined that the current licensing basis peak cladding
temperature (PCT) of the fuel remains applicable for operating the
Grand Gulf Nuclear Station (GGNS) with FFWTR. The analysis results
indicate the following:
The calculated maximum fuel element cladding
temperature does not exceed 2,200 [deg]F.
The calculated total local oxidation does not exceed
17% times the total cladding thickness.
The calculated total amount of hydrogen generated from
a chemical reaction of the cladding with water or steam is less than
1% times the hypothetical amount if all the metal in the cladding
cylinder were to react.
The core remains amenable to long term cooling, and
there is sufficient long term core cooling available.
Analysis also demonstrated that FFWTR operation at GGNS
continues to meet design limits for the DBA-LOCA peak drywell
pressure and temperature. Therefore, there is no increase in the
consequence of an accident previously evaluated in the UFSAR.
The only AOO that requires consideration in assessing the effect
of FFWTR on event consequences is the feedwater controller failure--
increasing flow (FWCF). This is based upon the finding that the
other AOOs are less sensitive to a reduction in feedwater
temperature. The rated power and off-rated Power Distribution
Limits, Critical Power Ratio (CPR), and Linear Heat Generation Rate
(LHGR), for the FWCF event are validated on a cycle-specific basis
to ensure compliance with: (1) the Safety Limit Minimum Critical
Power Ratio (SLMCPR) and (2) the fuel rod thermal mechanical
acceptance criteria of avoiding fuel centerline melt and 1% cladding
plastic strain. Consequently, there is no increase in the
consequences of an AOO previously evaluated.
The impact of FFWTR on the consequences of the following events
was also considered: Anticipated Transient without Scram (ATWS),
vessel overpressure, thermal-hydraulic stability, and High Energy
Line Break (HELB). The evaluation of ATWS and vessel overpressure
concluded the consequences of the events at normal feedwater
temperature remain bounding for
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FFWTR. The evaluation of HELB determined the impact was bounded by
the current design basis. The cycle-specific determinations and
validations performed in accordance with NRC-approved methods ensure
that the SLMCPR will be protected if a thermal-hydraulic instability
event were to occur. Therefore, there is no increase in the
consequence of these events previously evaluated in the UFSAR.
In addition, the following areas were also evaluated. The
reactor power level and operating pressure are not changed. FFWTR
has no effect on the decay heat. Current design limits associated
with long-term containment analyses, including a recirculation
suction line break (RSLB), loss of offsite power (LOOP),
intermediate break accident (IBA), small break accident (SBA), and
NUREG-0783 safety/relief valve (SRV) steam discharge events continue
to be supported without change. Therefore, there is no increase in
the consequence of these events previously evaluated in the UFSAR.
The probability of an accident is not affected by the proposed
changes since no structures, systems or components (SSC) that could
initiate an accident are affected. Therefore, the proposed changes
do not significantly increase the probability of any previously
evaluated accident.
Based on the above discussion, the proposed change does not
involve a significant increase in the probability or consequences of
an accident previously evaluated.
2. Does the proposed change create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change does not alter the design function of any
SSC. The implementation of FFWTR operation does not create the
possibility of a new or different kind of accident. Power
Distribution Limits for CPR, LHGR and Average Planar Linear Heat
Generation Rate (APLHGR), and OPRM setpoints, which are determined
in accordance with NRC-approved methods and are included in the Core
Operating Limits Report (COLR) as part of the normal reload
licensing process, continue to assure that core operation is in
accordance with the conditions currently assumed for event
initiation.
FFWTR was reviewed against the accidents, AOOs, and events
documented in the UFSAR. This review determined there is no adverse
impact; the existing design basis remains bounding. In addition, the
proposed change does not involve new system interactions or
equipment modifications to the plant. FFWTR does not involve any new
type of testing or maintenance. Therefore, there are no new design
basis failure mechanisms, malfunctions, or accident initiators
created by the proposed change.
The existing low power scram bypass setpoint based on turbine
first stage pressure and the calculated change in steam flow was
evaluated. The current setpoint is based on operating with a 100
[deg]F reduction in feedwater temperature; therefore, the setpoint
is unaffected by FFWTR.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any previously
evaluated.
3. Does the proposed change involve a significant reduction in a
margin of safety?
Response: No.
The AOOs and accidents described in the UFSAR were evaluated for
effects caused by the reduced feedwater temperature. For cycle-
independent considerations, the evaluations determined that the
consequences of the events are either: (1) bounded by the current
design and licensing basis results; (2) are within design acceptance
criteria; or (3) do not change in a manner that would reduce the
margin of safety. For cycle-specific considerations, cycle-specific
analyses utilizing NRC-approved methods that produce the values of
the limits documented in the COLR continue to assure that core
operation is maintained within the existing design basis and safety
limits. No design basis or safety limit is altered by the proposed
change.
The existing low power scram bypass setpoint based on turbine
first stage pressure and the calculated change in steam flow was
evaluated. The current setpoint is based on operating with a
100[emsp14][deg]F reduction in feedwater temperature; therefore, the
setpoint is unaffected by FFWTR.
Therefore, the proposed change does not involve a significant
reduction in a margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Joseph A. Aluise, Associate General
Counsel--Nuclear, Entergy Services, Inc., 639 Loyola Avenue, New
Orleans, Louisiana 70113.
NRC Branch Chief: Michael T. Markley.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation.
Entergy Operations, Inc., System Energy Resources, Inc., South
Mississippi Electric Power Association and Entergy Mississippi, Inc.,
Docket No. 50-416, Grand Gulf Nuclear Station, Unit 1 (GGNS), Claiborne
County, Mississippi
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are [email protected] and [email protected],
respectively.\1\ The request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); 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)
[[Page 9950]]
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
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 requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 6th day of February 2013.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information in this Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0................................. Publication of Federal Register
notice of hearing and opportunity
to petition for leave to intervene,
including order with instructions
for access requests.
10................................ Deadline for submitting requests for
access to Sensitive Unclassified
Non-Safeguards Information (SUNSI)
with information: supporting the
standing of a potential party
identified by name and address;
describing the need for the
information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding.
60................................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does
not require access to SUNSI (+25
Answers to petition for
intervention; +7 requestor/
petitioner reply).
20................................ Nuclear Regulatory Commission (NRC)
staff informs the requestor of the
staff's determination whether the
request for access provides a
reasonable basis to believe
standing can be established and
shows need for SUNSI. (NRC staff
also informs any party to the
proceeding whose interest
independent of the proceeding would
be harmed by the release of the
information.) If NRC staff makes
the finding of need for SUNSI and
likelihood of standing, NRC staff
begins document processing
(preparation of redactions or
review of redacted documents).
25................................ If NRC staff finds no ``need'' or no
likelihood of standing, the
deadline for requestor/petitioner
to file a motion seeking a ruling
to reverse the NRC staff's denial
of access; NRC staff files copy of
access determination with the
presiding officer (or Chief
Administrative Judge or other
designated officer, as
appropriate). If NRC staff finds
``need'' for SUNSI, the deadline
for any party to the proceeding
whose interest independent of the
proceeding would be harmed by the
release of the information to file
a motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................ Deadline for NRC staff reply to
motions to reverse NRC staff
determination(s).
40................................ (Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete
information processing and file
motion for Protective Order and
draft Non-Disclosure Affidavit.
Deadline for applicant/licensee to
file Non-Disclosure Agreement for
SUNSI.
A................................. If access granted: Issuance of
presiding officer or other
designated officer decision on
motion for protective order for
access to sensitive information
(including schedule for providing
access and submission of
contentions) or decision reversing
a final adverse determination by
the NRC staff.
A + 3............................. Deadline for filing executed Non-
Disclosure Affidavits. Access
provided to SUNSI consistent with
decision issuing the protective
order.
A + 28............................ Deadline for submission of
contentions whose development
depends upon access to SUNSI.
However, if more than 25 days
remain between the petitioner's
receipt of (or access to) the
information and the deadline for
filing all other contentions (as
established in the notice of
hearing or opportunity for
hearing), the petitioner may file
its SUNSI contentions by that later
deadline.
[[Page 9951]]
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. 2013-03201 Filed 2-11-13; 8:45 am]
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