[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73148-73153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25607]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-193; NRC-2016-0213]
Rhode Island Atomic Energy Commission; Rhode Island Nuclear
Science Center Reactor
AGENCY: Nuclear Regulatory Commission.
ACTION: License renewal application; opportunity to request a hearing
and to petition for leave to intervene, order imposing procedures.
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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-95,
which currently authorizes the Rhode Island Atomic Energy Commission
(RIAEC or the licensee) to operate the Rhode Island Nuclear Science
Center (RINSC) reactor at a maximum steady-state thermal power of 2
megawatts (MW). The RINSC reactor is a plate type fueled research
reactor located at the University of Rhode Island Narragansett Bay
Campus, in Narragansett, Rhode Island. If approved, the renewed license
would authorize the licensee to operate the RINSC reactor up to a
steady-state thermal power of 2 MW for an additional 20 years from the
date of issuance of the renewed license. Because the license renewal
application contains sensitive unclassified non-safeguards information
(SUNSI), an order imposes procedures to obtain access to SUNSI for
contention preparation.
DATES: A request for a hearing or petition for leave to intervene must
be filed by December 23, 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 SUNSI is necessary to respond to this notice must
request document access by November 3, 2016.
ADDRESSES: Please refer to Docket ID NRC-2016-0213 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-2016-0213. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 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: Patrick Boyle, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-3936; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering an application for the renewal of Facility
Operating License No. R-95, which authorizes the licensee to operate
the RINSC reactor, located at the University of Rhode Island
Narragansett Bay Campus, at a maximum steady-state thermal power of 2
MW. The renewed license would authorize the licensee to operate the
RINSC reactor up to a steady-state thermal power of 2 MW for an
additional 20 years from the date of issuance of the renewed license.
By letter dated May 3, 2004, and as supplemented by various letters
referenced in Section IV, ``Availability of Documents'' of this notice,
the NRC received an application from the licensee filed pursuant to
Sec. 50.51(a) to renew Facility Operating License No. R-95 for the
RINSC reactor. 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 Sec. Sec. 50.33 and 50.34 and that the application is
acceptable for docketing. The current docket, Docket No. 50-193, for
Facility Operating License No. R-95 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 requested renewed license. 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 (petitioner) whose interest may be affected by this action may
file a request for a hearing and a petition to intervene (petition)
with respect to the action. Petitions shall be filed in accordance with
the Commission's ``Agency Rules of Practice and Procedure'' in 10 CFR
part 2. Interested persons should consult a current copy of 10 CFR
2.309, which is available at the NRC's PDR, located at One White Flint
North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852. The NRC'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 petition is filed
[[Page 73149]]
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 petition, and the Secretary
or the Chief Administrative Judge of the Atomic Safety and Licensing
Board Panel will issue a notice of hearing or an appropriate order.
As required by 10 CFR 2.309, a petition 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
petitioner; (2) the nature of the petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
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 petitioner's interest. The petition
must also set forth the specific contentions which the 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
petitioner shall provide a brief explanation of the bases for the
contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to those specific sources and
documents of which the petitioner is aware and on which the petitioner
intends to rely to establish those facts or expert opinion to support
its position on the issue. 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 proceeding. The contention must be one
which, if proven, would entitle the petitioner to relief. A petitioner
who fails to satisfy these requirements with respect to at least one
contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and request
permission to cross-examine witnesses, consistent with the NRC's
regulations, policies, and procedures.
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 December 23, 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 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. Details regarding the opportunity to
make a limited appearance will be provided by the presiding officer if
such sessions are scheduled.
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 (hereinafter
``petition''), 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, as amended at 77
FR 46562; August 3, 2012). 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 petition (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 available on the NRC's public Web site at
http://www.nrc.gov/site-help/e-submittals/adjudicatory-sub.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 Electronic Filing Help Desk will not be
able to offer assistance in using unlisted software.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a petition.
Submissions should be in Portable Document Format (PDF). Additional
guidance on PDF submissions is available on the NRC's public Web site
at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing
is considered complete at the time the documents are submitted through
[[Page 73150]]
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 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 Electronic
Filing 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 Electronic Filing Help Desk is available between 9 a.m.
and 7 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
stating why there is good cause for not filing electronically and
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, 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, in some instances, a petition 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.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
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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Document ADAMS Accession No.
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``Rhode Island Atomic Energy ML14038A386
Commission--`Requesting Renewal
of Operating License R-095
(Enclosure 2)' [REDACTED Safety
Analysis Report],'' May 3, 2004.
``Rhode Island Atomic Energy ML041270519
Commission, Requesting Renewal
of Operating License R-095,''
May 3, 2004.
``Rhode Island Atomic Energy ML093270017
Commission, Request for
Additional Information Re: The
Rhode Island Nuclear Science
Center Reactor License Renewal
(Tac ME1598),'' November 24,
2009.
``Response to Request for ML100270176
Additional Information
Concerning Plans for
Decommissioning Facility at the
End of Useful Life Ref Item 3
Parts a, b, and c,'' January 19,
2010.
``Rhode Island Nuclear Science ML102240257
Center Reactor Submittal of
Response to Request for
Additional Information Re
License Renewal,'' August 6,
2010.
``Responding to Requests for ML102360440
Additional Information (RAI)
regarding our Analysis of the
Maximum Hypothetical Accident
(MHA) for Renewal of License R-
95,'' August 18, 2010.
``Memorandum Steady-State Thermal- ML16062A376
Hydraulic Analysis for
Forced[dash]Convective Flow in
the Rhode Island Nuclear Science
(RINSC) Reactor,'' September 3,
2010.
``Rhode Island Atomic Energy ML16279A516
Commission, Fourth Response to
Request for Additional
Information dated April 23, 2010
(Redacted),'' September 8, 2010.
``Rhode Island Atomic Energy ML16279A518
Commission Fifth Response to
April 13, 2010 Request for
Additional Information
(Regarding License Renewal
redacted),'' November 26, 2010.
``Rhode Island Atomic Energy ML103490242
Commission--Response to Requests
for Additional Information
Regarding Aging Issues Raised in
RAIs,'' December 7, 2010.
``Rhode Island Atomic Energy ML16279A519
Commission Response to April 13,
2010, Request for Additional
Information Regarding License
Renewal Technical Specifications
(Redacted),'' December 14, 2010.
``Reply to your Request for ML110320416
Additional Information (RAI)
dated April 13, 2010, regarding
License Renewal for the Rhode
Island Nuclear Science Center
Reactor (RINSC),'' January 24,
2011.
``Letter re: Request for ML110600699
Additional Information dated
April 13, 2010 Regarding License
Renewal for the Rhode Island
Nuclear Science Center Reactor
(RINSC),'' February 24, 2011.
``Rhode Island Atomic Energy ML11202A287
Commission Response to Request
for Additional Information
Regarding License Renewal,''
July 15, 2011.
``Rhode Island Atomic Energy ML16279A520
Commission Tenth Response to the
April 13, 2010, Request for
Additional Information Regarding
License Renewal (Redacted),''
July 15, 2011.
[[Page 73151]]
``Rhode Island Atomic Energy ML16279A521
Commission Responses to Request
for Additional Information
Regarding License Renewal
(Redacted),'' July 15, 2011.
``Rhode Island Nuclear Science ML11202A290
Center Tenth Response to NRC
Request for Additional
Information dated April 13,
2010, Pages 126 Through 204,''
July 15, 2011.
``Rhode Island Atomic Energy ML121350815
Commission--Request for
Additional Information Regarding
the Rhode Island Nuclear
Sciences Center Reactor License
Renewal (TAC No. ME1598),''
December 17, 2012.
``Response to NRC's Request for ML13080A361
Additional Information Regarding
Rhode Island Nuclear Science
Center Reactor License
Renewal,'' March 15, 2013.
``Response to NRC's Request for ML13080A362
Additional Information Regarding
Rhode Island Nuclear Science
Center Reactor License
Renewal,'' March 15, 2013.
``Response to NRC's Request for ML13080A364
Additional Information Regarding
Rhode Island Nuclear Science
Center Reactor License Renewal,
Proposed Technical Specification
130314,'' March 15, 2013.
``Response to Request for ML13260A474
Additional Information Regarding
Financial Qualifications for the
RINSC Reactor License Renewal,''
September 16, 2013.
``Rhode Island Atomic Energy ML14006A420
Commission License Renewal
Historical Resource Impact
Response Letter,'' December 19,
2013.
``Rhode Island Atomic Energy ML14007A728
Commission--Request For
Additional Information Regarding
Financial Qualifications For The
Rhode Island Nuclear Science
Center Reactor License
Renewal,'' January 9, 2014.
``Response to Request for ML14057A639
Additional Information Regarding
Requalification Plan for the
RINSC Reactor License Renewal,''
February 24, 2014.
``Compilation of All Submitted ML14126A192
Requests for Additional
Information for the Rhode Island
Nuclear Science Center Reactor
License Renewal. Part 1 of 3,''
April 28, 2014.
``Rhode Island Atomic Energy ML16279A523
Commission Consolidated
Responses to Request for
Additional Information Regarding
License Renewal. Part 2 of 3
(Redacted),'' April 28, 2014.
``Compilation of All Submitted ML14126A195
Requests for Additional
Information for the Rhode Island
Nuclear Science Center Reactor
License Renewal. Part 3 of 3,''
April 28, 2014.
``Rhode Island Nuclear Science ML14184B361
Center Reactor--Updated Proposed
Technical Specifications,'' June
30, 2014.
``Rhode Island Nuclear Science ML15223A953
Center Updated Technical
Specifications,'' August 7, 2015.
``Rhode Island Nuclear Science ML15223A952
Center Submittal of Updated
Proposed Technical
Specification,'' August 11, 2015.
``Summary of Changes to the ML15223A954
Proposed Technical
Specifications,'' August 11,
2015.
``Contractor Comments and ML15223A955
Responses,'' August 11, 2015.
``Rhode Island, Request for ML15243A011
Additional Information,''
September 3, 2015.
``Rhode Island Nuclear Science ML16062A378
Center Transient Analyses
Revised January 20, 2016,''
January 20, 2016.
``Rhode Island Nuclear Science ML16062A380
Center Technical
Specifications,'' February 26,
2016.
``Rhode Island Atomic Energy ML16062A373
Commission--Response to Requests
for Additional Information dated
September 3, 2015,'' March 1,
2016.
``Fuel Failure Addendum 160229,'' ML16062A381
March 1, 2016.
``New Transient Analysis Results ML16062A379
160226,'' March 1, 2016.
``150903 RAI Responses 160301,'' ML16062A374
March 1, 2016.
``Core Change Summary for ML16062A375
Conversion from RINSC LEU Core
#5 to LEU Core #6,'' March 1,
2016.
``[RINSC] Fuel Failure Analysis ML16062A382
[Dose Table],'' March 1, 2016.
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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.
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
[[Page 73152]]
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 requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012) 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 proposed 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 19th day of October, 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).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (NRC staff also informs any party
to the proceeding whose interest independent
of the proceeding would be harmed by the
release of the information). If NRC staff
makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins
document processing (preparation of
redactions or review of redacted documents).
25....................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requestor 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.
[[Page 73153]]
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. 2016-25607 Filed 10-21-16; 8:45 am]
BILLING CODE 7590-01-P