[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Notices]
[Pages 16890-16893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06279]



[[Page 16890]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-3103, NRC-2013-0044]


URENCO USA (Formerly Louisiana Energy Services, L.P.) License 
Amendment Request: Notice of Opportunity To Request a Hearing and to 
Petition for Leave to Intervene, and Commission Order Imposing 
Procedures for Document Access

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request; opportunity to request a hearing and 
to petition for leave to intervene and order.

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SUMMARY: In November 2012, URENCO USA submitted to the U.S. Nuclear 
Regulatory Commission (NRC) a license amendment request. The existing 
license (No. SNM-2010) authorizes operation of a uranium enrichment 
facility in New Mexico. The facility produces enriched uranium up to a 
maximum of 5.0 percent U-235, using a gas centrifuge process. If 
granted, the license amendment would authorize increased annual 
production capability from the present 3 million separative work units 
(SWU) to 10 million SWU.

DATES: Requests for a hearing or petition for leave to intervene must 
be filed by May 20, 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 is 
necessary to respond to this notice must request document access by 
March 29, 2013.

ADDRESSES: Please refer to Docket ID NRC-2013-0044 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 is publicly available, using any of the following 
methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0044. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; e- mail: [email protected].
     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.
     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.

FOR FURTHER INFORMATION CONTACT: Michael Raddatz, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-492-3108; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    Notice is hereby given that, by letter dated November 9, 2012, 
Louisiana Energy Services, L.P. (LES), doing business as URENCO USA 
(UUSA), submitted to the NRC a license amendment request, pertaining to 
its uranium enrichment facility located in Lea County, New Mexico. The 
NRC License No. SNM-2010 authorizes UUSA to possess and use source, 
byproduct, and special nuclear material at its facility, and authorizes 
UUSA to produce enriched uranium up to a maximum of 5.0 percent U-235, 
using a gas centrifuge process. If granted, the license amendment would 
authorize UUSA to increase its annual production capability from 3 
million SWU to 10 million SWU.
    An NRC administrative review, documented in a letter to UUSA dated 
January 25, 2013, found the November 9, 2012, request acceptable to 
begin a technical review. If the NRC approves the amendment, the 
approval will be documented in an amendment to NRC License No. SNM-
2010. However, before approving the proposed amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the NRC's regulations. The required findings 
will be documented in a Safety Evaluation Report. The NRC will also 
make findings consistent with the National Environmental Policy Act 
(NEPA) and 10 CFR Part 51.

II. 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. You may also call the PDR at 1-800-397-4209, or 
301-415-4737. The NRC's regulations are also accessible online in the 
NRC library at http://www.nrc.gov/reading-rm/adams.html.
    Pursuant to 10 CFR 2.309(a), 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 request for hearing and 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. Pursuant to 10 CFR 2.309(d), 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 decision or order that may be entered in the 
proceeding on the petitioner's interest.
    A request for hearing or petition for leave to intervene must also 
identify specific contentions that the petitioner seeks to have 
litigated in the hearing. As required by 10 CFR 2.309(f), 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 
that the NRC must make to support the granting of a license amendment 
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 the 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

[[Page 16891]]

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. A 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 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.
    Petitions for leave to intervene and requests for hearing, and 
motions for leave to file new or amended contentions that are filed 
after the deadline in 10 CFR 2.309(b) will not be entertained absent a 
determination by the Commission, the Atomic Safety and Licensing Board 
or a 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 
proceeding. The petition should be submitted to the Commission by May 
20, 2013. 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 10 CFR 2.309(h)(2), State and Federally-
recognized Indian tribes do 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 in a hearing as a nonparty pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Atomic Safety and Licensing Board. 
Persons desiring to make a limited appearance are requested to inform 
the Secretary of the Commission by May 20, 2013.

III. 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 request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC'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

[[Page 16892]]

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 at 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.

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 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and the deadline for filing all other contentions 
(as established in the notice of hearing or opportunity for hearing), 
the petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
either after a determination on standing and need for access, or after 
a determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by

[[Page 16893]]

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.

     Dated at Rockville, Maryland, this 12th day of March 2013.

    For the 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; (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).
20.......................  The U.S. 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 the 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 the 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. 2013-06279 Filed 3-18-13; 8:45 am]
BILLING CODE 7590-01-P