[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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.

------------------------------------------------------------------------
                                                        ADAMS Accession
                       Document                               No.
------------------------------------------------------------------------
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...................................
------------------------------------------------------------------------

    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:
---------------------------------------------------------------------------

    \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); 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.
---------------------------------------------------------------------------

    \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. 
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\
---------------------------------------------------------------------------

    \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 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.
------------------------------------------------------------------------

[FR Doc. 2016-02243 Filed 2-4-16; 8:45 am]
BILLING CODE 7590-01-P