[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Notices]
[Pages 6302-6307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02243]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-274; NRC-2015-0284]
United States Geological Survey, TRIGA Research Reactor
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; docketing; opportunity to request
a hearing and to petition for leave to intervene; order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of Facility Operating License No. R-113,
which authorizes the United States Geological Survey (USGS or the
licensee) to operate the USGS Training, Research, Isotope Production,
General Atomics (TRIGA) Research Reactor (GSTR) at a maximum steady-
state thermal power of 1.0 megawatts (MW). The GSTR is a TRIGA-fueled
research reactor located at the Denver Federal Center, in Lakewood,
Colorado. If approved, the renewed license would authorize the licensee
to operate the GSTR up to a steady-state thermal power of 1.0 MW for an
additional 20 years from the date of issuance of the renewed license.
DATES: A request for a hearing or petition for leave to intervene must
be filed by April 5, 2016. 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 16, 2016.
ADDRESSES: Please refer to Docket ID NRC-2015-0284 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-2015-0284. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For
[[Page 6303]]
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 at
1-800-397-4209, 301-415-4737, or by email to [email protected]. For
the convenience of the reader, the ADAMS accession numbers are provided
in a table in the ``Availability of Documents'' section of this
document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Geoffrey Wertz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0893; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering an application for the renewal of Facility
Operating License No. R-113, which authorizes the licensee to operate
the GSTR at a maximum steady-state thermal power of 1.0 MW. The renewed
license would authorize the licensee to operate the GSTR up to a
steady-state thermal power of 1.0 MW for an additional 20 years from
the date of issuance of the renewed license.
By letter dated January 5, 2009, and as supplemented by various
letters referenced in Section IV, ``Availability of Documents,'' of
this document, the NRC received an application from the licensee filed
pursuant to 10 CFR 50.51(a) to renew Facility Operating License No. R-
113 for the GSTR. The application contains SUNSI.
Based on its initial review of the application, the NRC staff
determined that the licensee submitted sufficient information in
accordance with 10 CFR 50.33 and 50.34 so that the application is
acceptable for docketing. The current Docket No. 50-274 for Facility
Operating License No. R-113 will be retained. The docketing of the
renewal application does not preclude requests for additional
information as the review proceeds, nor does it predict whether the
Commission will grant or deny the application. Prior to a decision to
renew the license, the Commission will make findings required by the
Atomic Energy Act of 1954, as amended (the Act), and the Commission's
rules and regulations.
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, ``Hearing
requests, petitions to intervene, requirements for standing, and
contentions,'' 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 license renewal 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 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
[[Page 6304]]
Commission by April 5, 2016. 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 10 CFR 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
April 5, 2016.
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 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, 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
[[Page 6305]]
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, in some instances, 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.
IV. Availability of Documents
Documents related to this action, including the license renewal
application and other supporting documentation are available to
interested persons as indicated.
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ADAMS Accession
Document No.
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NUREG-1537, ``Guidelines for Preparing and Reviewing ML042430055
Applications for the Licensing of Non-Power
Reactors,'' Part 1, ``Format and Content,'' February
1996................................................
NUREG-1537, Part 2, ``Standard Review Plan and ML042430048
Acceptance Criteria,'' February 1996................
``United States Geological Survey--`Redacted' Revised ML092120136
Safety Analysis Report [SAR], Technical
Specifications, and Environmental Report to Support
License Renewal (ME1593),'' January 5, 2009.........
``U.S. Geological Survey TRIGA Reactor Response to ML103340090
the RAI [Request for Additional Information]
Concerning R-113 License Renewal,'' November 24,
2010................................................
``Response to Letter of February 1, 2011, Concerning ML110480046
R-113 License Renewal,'' February 11, 2011..........
``Response to Questions 23.1, 23.2, and 23.3 of the ML110950059
Referenced RAI,'' March 28, 2011....................
``U.S. Geological Survey--Response to Questions 22.1, ML11138A027
22,2, 25.1, 25.2, 25.3, 25.4, and 25.6 of the
Referenced RAI,'' May 12, 2011......................
``U.S. Geological Survey, Response to Request for ML11181A305
Additional Information for Questions 17.1 and
17.2,'' June 29, 2011...............................
``Response to Question 2 of the Referenced RAI,'' ML11214A091
July 27, 2011.......................................
``Response to Question 1 of the Referenced RAI,'' ML112500522
August 30, 2011 (package)...........................
``Response to Request for Additional Information to ML11277A013
Question 20 of September 29, 2010,'' September 26,
2011................................................
``U.S. Geological Survey TRIGA Reactor (GSTR) ML11314A106
Response to Question 6 of the Referenced RAI,''
October 31, 2011....................................
``U.S. Geological Survey--* Redacted * Licensee ML113460014
Response to NRC Request for Additional Information
Questions 7 and 8 Re: License Renewal (TAC No.
ME1593),'' November 30, 2011........................
``U.S. Geological Survey--* Redacted * Licensee ML120240003
Response to NRC Request for Additional Information
Question 15.3 (ME1593),'' January 3, 2012...........
``U.S. Geological Survey TRIGA Reactor--Response to ML12068A138
Question 15.2 of the Request for Additional
Information (RAI) dated September 29, 2010,''
January 27, 2012....................................
``U.S. Geological Survey TRIGA Reactor (GSTR)-- ML12039A173
Response to Question 18 of a Request for Additional
Information dated September 29, 2010,'' January 27,
2012................................................
``U.S. Geological Survey TRIGA Reactor, Response to ML12100A097
Request for Additional Information to Question 14,''
March 28, 2012......................................
``U.S. Geological Survey TRIGA Reactor (GSTR)-- ML12128A429
Response to Question 16 of the Referenced RAI,''
April 27, 2012......................................
``U.S. Geological Survey, Responses to Questions 26 ML12151A407
and 27 of the Referenced RAI,'' May 18, 2012........
``U.S. Geological Survey--Response to Request for ML12160A064
Additional Information (RAI) Question 14,'' May 31,
2012................................................
``U.S. Geological Survey TRIGA Reactor (GSTR)-- ML12200A055
Response to Question 3 of the Referenced RAI,'' June
29, 2012............................................
``U.S. Geological Survey TRIGA Reactor--Response to ML12220A525
Question 21 of the Referenced RAI dated September
29, 2010,'' July 31, 2012...........................
``Responses are Provided to Questions 9, 10, 11, 12, ML12251A231
15.1, 23.4, 24, and 25.5; Along with a Corrected
Copy of the Proposed Technical Specifications
(Chapter 14) of the SAR,'' August 30, 2012..........
``U.S. Geological Survey--* Redacted * Response to ML12334A001
NRC Request for Additional Information dated October
2, 2012 (TAC No. ME1593),'' November 16, 2012.......
``U.S. Geological Survey--* Redacted *--Responses to ML13052A179
NRC Request for Additional Information dated October
2, 2012 and Telephone Conference dated December 20,
2012,'' February 8, 2013............................
``Redacted--U.S.GS RAI Clarification Information ML13162A662
Needed to Support the U.S.GS License Renewal SAR
(TAC No. ME1593),'' May 17, 2013....................
``Follow-up Safety Analysis Responses from letter ML13311A047
dated July 15, 2013,'' October 31, 2013.............
``Redacted Version--U.S. Geological Survey TRIGA ML14338A196
Reactor Request for Additional Information Responses
to RAI Questions 15.3 and 28,'' November 24, 2014...
``Revision of Proposed Technical Specifications,'' ML15261A042
September 8, 2015...................................
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Portions of the license renewal application and its supporting
documents contain SUNSI. These portions will not be available to the
public. Any person requesting access to SUNSI must follow the
procedures described in the Order below.
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 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.
[[Page 6306]]
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.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requester may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been
designated to rule on information access issues.
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 the Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 1st day of February, 2016.
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; and (ii) all contentions
whose formulation does not require access
to SUNSI (+25 Answers to petition for
intervention; +7 petitioner/requestor
reply).
[[Page 6307]]
20......................... 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 NRC staff makes the
finding of need for SUNSI and likelihood
of standing, NRC staff begins document
processing (preparation of redactions or
review of redacted documents).
25......................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requester to file a motion
seeking a ruling to reverse the NRC
staff's denial of access; NRC staff files
copy of access determination with the
presiding officer (or Chief Administrative
Judge or other designated officer, as
appropriate). If NRC staff finds ``need''
for SUNSI, the deadline for any party to
the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information to file a
motion seeking a ruling to reverse the NRC
staff's grant of access.
30......................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40......................... (Receipt +30) If NRC staff finds standing
and need for SUNSI, deadline for NRC staff
to complete information processing and
file motion for Protective Order and draft
Non-Disclosure Affidavit. Deadline for
applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
A.......................... If access granted: Issuance of presiding
officer or other designated officer
decision on motion for protective order
for access to sensitive information
(including schedule for providing access
and submission of contentions) or decision
reversing a final adverse determination by
the NRC staff.
A + 3...................... Deadline for filing executed Non-Disclosure
Affidavits. Access provided to SUNSI
consistent with decision issuing the
protective order.
A + 28..................... Deadline for submission of contentions
whose development depends upon access to
SUNSI. However, if more than 25 days
remain between the petitioner's receipt of
(or access to) the information and the
deadline for filing all other contentions
(as established in the notice of hearing
or opportunity for hearing), the
petitioner may file its SUNSI contentions
by that later deadline.
A + 53..................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60..................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................... Decision on contention admission.
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[FR Doc. 2016-02243 Filed 2-4-16; 8:45 am]
BILLING CODE 7590-01-P