[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Notices]
[Pages 73907-73912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29141]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-0008, NRC-2011-0085]
Exelon Generation Corporation, LLC; Calvert Cliffs Independent
Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; notice of docketing; opportunity
to request a hearing and to petition for leave to intervene; and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has docketed a
license amendment application from
[[Page 73908]]
Exelon Generation Corporation, LLC (Exelon Generation). Exelon
Generation is requesting revisions to its renewed license to increase
maximum enrichment levels; to increase the amount of fuel allowed to be
stored; and to change various Technical Specifications of the 32PHB DSC
casks utilized at the Calvert Cliffs Independent Storage Installation
located in Calvert County, Maryland. The NRC is evaluating whether
approval of this request would be categorically excluded from the
requirement to prepare an environmental assessment.
DATES: A request for hearing and petition for leave to intervene must
be filed by February 10, 2015. Any potential party as defined in
Section 2.4 of Title 10 of the Code of Federal Regulations (10 CFR),
who believes access to Sensitive Unclassified Non-Safeguards
Information (SUNSI) is necessary to respond to this notice must request
document access by December 22, 2014.
ADDRESSES: Please refer to Docket ID NRC-2011-0085 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0085. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection 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 by
telephone 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: John M. Goshen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-9250; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received, by letter dated March 26, 2014, as supplemented
on July 25, 2014, a license amendment application pursuant to 10 CFR
part 72 from Exelon Generation requesting a revision to its Renewed
Special Nuclear Material License No. SNM-2505 at its Calvert Cliffs
Independent Spent Fuel Storage Installation (ISFSI) site located in
Calvert County, Maryland. Renewed Special Nuclear Material License No.
SNM-2505 authorizes the licensee to receive, possess, store, and
transfer spent fuel, reactor-related greater than Class C waste, and
other radioactive materials associated with spent fuel storage at the
Calvert Cliffs ISFSI. This amendment request contains SUNSI. A
publicly-available version of the license amendment application and
enclosures are available in ADAMS under Accession Nos. ML14090A122,
ML14090A123, and ML14090A124. A publicly-available version of the
supplemental information received on July 25, 2014, is available in
ADAMS under Accession Nos. ML14274A498, ML14212A307, and ML14212A308.
Specifically, the amendment, if granted, will authorize the storage
of Westinghouse and Areva Combustion Engineering (CE) 14X14 fuel in the
NUHOMS[supreg]-32PHB Dry Shielded Canister (DSC) system, and will
revise Materials License No. SNM-2505 and Technical Specifications (TS)
as follows:
1. Renewed License SNM-2505 Section 6, Byproduct, Source, and/or
Special Nuclear Material--The proposed amendment would increase the
maximum allowable enrichment from 4.5 percent U-235 to 5.0 percent U-
235 to allow for storage of higher enriched fuel assemblies.
2. Renewed License SNM-2505 Section 8, Maximum Amount That Licensee
May Possess at Any One Time Under This License--The proposed amendment
would increase this amount from the current 1,111.68 TeU to 1,558.27
TeU to allow for storage of fuel generated over the 60 year licensed
lifetime of the Calvert Cliffs Units.
3. Renewed License se SNM-2505 Section 16--The proposed amendment
would add acceptance standards for liquid penetrant tests of the double
closure seal welds at the bottom end of the DSC for the NUHOMS-32PHB
DSC. The acceptance standards for the NUHOMS[supreg]-24P DSC and the
NUHOMS[supreg]-32P DSC remain the same.
4. TS 2.1, Fuel to be Stored at ISFSI--This TS ensures that the
fuel assembly radiation source is below design values. To accomplish
this, the TS provides limits on the neutron and gamma sources allowed
in each fuel assembly. The proposed change would add a new neutron and
gamma source for fuel assemblies stored in NUHOMS[supreg]-32PHB DSCs.
The new neutron and gamma sources for the NUHOMS[supreg]-32PHB DSC were
selected to bound fuel assemblies that reach the TS Limiting Condition
for Operation 3.1.1(5) thermal limit to be loaded.
5. TS 3.1.1, Fuel to be Stored at ISFSI--This TS ensures that the
fuel assemblies stored in the DSCs meet the design requirements of the
DSCs. This proposed amendment makes the following changes:
a. TS 3.1.1(2)--The current initial enrichment limit is 4.5 weight
percent U-235. The proposed amendment would add new maximum initial
enrichment limits of 4.75 and 5.0 weight percent U-235 for a
NUHOMS[supreg]-32PHB DSC, based on internal DSC basket design. The
current maximum initial enrichment limit of 4.5 weight percent U-235
for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remains the
same.
b. TS 3.1.1(3)--The current maximum fuel assembly average burnup
limit is 47,000 MWd/MTU) for the NUHOMS[supreg]-24P DSCs and 52,000
MWd/MTU for the NUHOMS[supreg]-32P DSCs. The proposed amendment would
add a new maximum fuel assembly average burnup limit of 62,000 MWd/MTU
for fuel stored in NUHOMS[supreg]-32PHB DSCs. The current burnup limits
for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remain the same.
c. TS 3.1.1(5)--The current maximum heat generation rate limit is
0.66 kilowatt per fuel assembly. The proposed amendment would add a new
maximum heat generation rate of 0.8 kilowatt per fuel assembly for
NUHOMS[supreg]-32PHB DSC basket zones 1 and 4, and a maximum heat
generation rate of 1.0 kilowatt per fuel assembly for NUHOMS[supreg]-
32PHB DSC basket zones 2 and 3. The current maximum heat generation
rate for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remain the
same.
d. TS3.1.1(7)--Currently, the maximum fuel assembly mass to be
placed in the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs, including
control components, shall not exceed 1450 lbs. (658 kg). This proposed
amendment adds a new requirement that the maximum fuel assembly mass to
be
[[Page 73909]]
placed in the NUHOMS[supreg]-32PHB DSC shall not exceed 1375 lbs. (625
kg) excluding control components. The current maximum fuel assembly
mass limit remains the same for the NUHOMS[supreg]-24P and
NUHOMS[supreg]-32P DSCs.
6. TS 3.2.2.1--The proposed amendment would add acceptance
standards for liquid penetrant tests of the top shield plug closure
weld, the siphon and vent port cover welds, and the top cover plate
weld for the NUHOMS[supreg]-32PHB DSC. The acceptance standards for the
NUHOMS[supreg]-24P and NUJHOMS[supreg]-32P DSCs remain the same.
7. TS 3.2.2.2 and 4.2.2.1, DSC Closure Welds--Currently, the
standard helium leak rate for the top shield plug closure weld, and the
siphon and vent port cover welds shall not exceed 10-4 atm-
cc/s for the NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs. The
proposed amendment will add a new requirement that the standard helium
leak rate for the NUHOMS[supreg]-32PHB DSC top shield plug closure
weld, and the siphon and vent port cover welds not exceed
10-7 ref-cc/s. The maximum helium leak rate for the
NUHOMS[supreg]-24P and NUHOMS[supreg]-32P DSCs remains the same.
8. TS 3.4.1.1, Maximum Air Temperature Rise--This TS limits the
temperature rise from the HSM inlet to the outlet. This provides
assurance that the fuel is being adequately air cooled while in the
HSM. The current limit is a maximum 64[emsp14][deg]F temperature rise.
The proposed amendment would add a new maximum 80[emsp14][deg]F
allowable temperature rise for HSMs with NUHOMS[supreg]-32 PHB DSCs.
The requested change to the TSs would also address the additional
temperature limit and the verification of the appropriate heat load for
the fuel assemblies. The maximum temperature rise limit will remain
64[emsp14][deg]F for the existing NUHOMS[supreg]-24P and
NUHOMS[supreg]-32P DSCs.
9. New TS 3.3.2.1, Time Limit for Completion of NUHOMS[supreg]-32
PHB Transfer Operations--The proposed amendment would establish a new
TS for the time to complete the transfer of the NUHOMS[supreg]-32PHB
DSC from the cask handling area to the HSM. This new TS does not apply
to the NUHOMS[supreg]-24P or NUHOMS[supreg]-32P due to their lower heat
load. The time limit for completion of the transfer is as follows:
a. No time limit for a DSC with a total heat load of 21.12 kW or
less,
b. 72 hours for a DSC with a total heat load greater than 21.12 kW
but less than or equal to 23.04 kW,
c. 48 hours for a DSC with a total heat load greater than 23.04 kW
but less than or equal to 25.6 kW,
d. 20 hours for a DSC with a total heat load greater than 25.6 kW
but less than or equal to 29.6 kW.
10. New TS 3.3.3.1, Time Limit for Completion of NUHOMS[supreg]-
32PHB DSC Vacuum Drying Operation--The proposed amendment would
establish a new TS limiting the time to complete the NUHOMS[supreg]-
32PHB DSC blowdown and vacuum drying process if nitrogen is used for
blowdown. The time limit for completion of vacuum drying of a loaded
NUHOMS[supreg]-32PHB DSC following blowdown with nitrogen is as
follows:
a. 56 hours for a DSC with a total heat load of 23.04 kW or less.
b. 40 hours for a DSC with a total heat load greater than 23.04 kW
but less than or equal to 25.6 kW, 32 hours for a DSC with a total heat
load greater than 25.6 kW but less than or equal to 29.6 kW.
An NRC administrative completeness review, documented in a letter
to CCNPP dated September 12, 2014 (ADAMS Accession No. ML14258A041),
found the application acceptable for a technical review. If the NRC
approves the amendment, the approval will be documented in an amendment
to NRC renewed license SNM-2505. 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 NRC's findings will be documented in a safety
evaluation report. In the amendment request, Exelon Generation asserted
that the proposed amendments satisfy the categorical exclusion criteria
of 10 CFR 51.22. The NRC will evaluate this assertion and make findings
consistent with the National Environmental Policy Act and 10 CFR part
51.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
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
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 in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. The
NRC's 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. The Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of 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 entered 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 that 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
[[Page 73910]]
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 NRC 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 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 three factors in 10
CFR 2.309(c)(1)(i)-(iii).
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). 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
February 10, 2015. The petition must be filed in accordance with the
filing instructions in the ``Electronic Submissions (E-Filing)''
section of this document, and should meet the requirements for
petitions for leave to intervene set forth in this section, except that
under Sec. 2.309(h)(2) a State, local governmental body, or Federally-
recognized Indian tribe, or agency thereof 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, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted 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 the limits and conditions as may be
imposed by the presiding officer. Persons desiring to make a limited
appearance are requested to inform the Secretary of the Commission by
February 10, 2015.
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'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/getting-started.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 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 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.
Eastern Time,
[[Page 73911]]
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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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.
Exelon Generation Corporation, LLC, Docket 72-0008, Calvert Cliffs
Independent Spent Fuel Storage Installation, Calvert County, Maryland;
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing SUNSI.
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland, 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are [email protected] and [email protected],
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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);
(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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
[[Page 73912]]
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 4th day of December 2014.
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 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.
------------------------------------------------------------------------
[FR Doc. 2014-29141 Filed 12-11-14; 8:45 am]
BILLING CODE 7590-01-P