[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85646-85650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28507]



[[Page 85646]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-602; NRC-2016-0241]


University of Texas--Austin; Nuclear Engineering Teaching 
Laboratory TRIGA Research Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: License renewal application; notice of opportunity to request a 
hearing and 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-129, 
which authorizes the University of Texas at Austin (the licensee) to 
operate the Nuclear Engineering Teaching Laboratory (NETL) Training, 
Research, Isotope Production, General Atomics (TRIGA) Research Reactor 
at a maximum steady-state thermal power of 1.1 megawatts (MW). The NETL 
research reactor is a TRIGA-fueled research reactor located at the J.J. 
Pickle Research Campus, in Austin, Texas. If approved, the renewed 
license would authorize the licensee to operate the NETL TRIGA Research 
Reactor up to a steady-state thermal power of 1.1 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 January 27, 2017. 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 December 8, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0241 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-2016-0241. 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: Michael Balazik, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2856; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering an application for the renewal of Facility 
Operating License No. R-129, which authorizes the licensee to operate 
the NETL TRIGA Research Reactor at a maximum steady-state thermal power 
of 1.1 MW. The renewed license would authorize the licensee to operate 
the NETL TRIGA Research Reactor up to a steady-state thermal power of 
1.1 MW for an additional 20 years from the date of issuance of the 
renewed license.
    By letter dated December 11, 2011, 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 10 CFR 50.51(a) to renew Facility Operating License No. R-
129 for the NETL research 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 10 CFR 50.33 and 50.34 and that the application is 
acceptable for docketing. The current docket, Docket No. 50-602, for 
Facility Operating License No. R-129 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 licensee's 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 
persons (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 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 a hearing or an appropriate order.
    As required by 10 CFR 2.309(d), 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 in 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 must 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

[[Page 85647]]

and on which the petitioner intends to rely in proving the contention 
at the hearing. The petitioner must also provide references to the 
specific sources and documents 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 must 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 the 
requirements of 10 CFR 2.309(f) 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) through (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 
January 27, 2017. 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. Alternatively, a State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may participate as a non-
party 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 
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

[[Page 85648]]

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.

------------------------------------------------------------------------
                                                        ADAMS  Accession
                       Document                               No.
------------------------------------------------------------------------
NUREG-1537, Part 1, ``Guidelines for Preparing and           ML042430055
 Reviewing Applications for the Licensing of Non-
 Power Reactors, Format and Content,'' February 1996.
NUREG-1537, Part 2, ``Guidelines for Preparing and           ML042430048
 Reviewing Applications for the Licensing of Non-
 Power Reactors, Standard Review Plan and Acceptance
 Criteria,'' February 1996...........................
``University of Texas at Austin--Request for Renewal         ML12156A097
 of Facility Operating License R-129,'' December 12,
 2011 (redacted version).............................
``University of Texas at Austin--Supplement to               ML12156A196
 Application Containing Table of Contents, Chapter 4
 and Chapter 9 of the Safety Analysis Report (TAC No.
 ME7694),'' January 17, 2012 (redacted version)......
``The University of Texas TRIGA II Research Reactor          ML12030A102
 Safety Analysis Report, Chapter 12,'' January 17,
 2012................................................
``University of Texas at Austin--Supplemental                ML12061A009
 Information Relative to Proposed Safety Analysis
 Report, Appendix 15.4,'' February 21, 2012..........
``University of Texas at Austin--Partial Response to         ML12307A071
 Request for Additional Information regarding the
 License Renewal Request for the Nuclear Engineering
 Teaching laboratory TRIGA Mark II Nuclear Research
 Reactor (TAC No. ME7694),'' September 17, 2012......
``University of Texas at Austin--Request for                 ML13002A015
 Additional Information Regarding the License Renewal
 Request for the Nuclear Engineering Teaching
 Laboratory TRIGA Mark II Nuclear Research Reactor,''
 December 19, 2012...................................
``University of Texas, Austin, Response to Request           ML13091A006
 for Additional Information to New Fuel Storage
 License Renewal,'' March 22, 2013...................
``Request for Renewal of Facility Operating License R-       ML13246A014
 129,'' August 21, 2013..............................
``University of Texas--Austin--Response to the               ML15211A638
 Request for Additional Information Regarding License
 Renewal,'' July 15, 2015 (redacted version).........
``50-602, Request for Renewal of Facility Operating          ML15251A234
 License R-129,'' August 26, 2015....................
``University of Texas, Austin, Request for an                ML15313A027
 Extension for Completion of Remaining Requests for
 Additional Information to December 18, 2015,''
 October 23, 2015....................................
``University of Texas-Austin--Response to Request for        ML16015A052
 Additional Information Regarding Renewal Request,
 July 31, 2015 Correspondence,'' December 22, 2015...
``University of Texas at Austin--Response to Request         ML16053A094
 for Additional Information Regarding the License
 Renewal Request for the Nuclear Engineering Teaching
 Laboratory TRIGA Mark II Nuclear Research Reactor
 (TAC No. ME7694),'' February 5, 2016................
``University of Texas at Austin--Withdraw of Request         ML16103A110
 for Additional Information Dated April 1, 2015, to
 Nuclear Engineering Teaching Laboratory TRIGA Mark
 II Nuclear Research Reactor (TAC No. ME7694),''
 April 13, 2016......................................
``University of Texas-Austin--Response to Request for        ML16132A239
 Additional Information Regarding the License Renewal
 for Nuclear Engineering Teaching Laboratory TRIGA
 Mark II Nuclear Research Reactor,'' May 2, 2016.....
------------------------------------------------------------------------

    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

[[Page 85649]]

``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:
---------------------------------------------------------------------------

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

    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 dates 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\
---------------------------------------------------------------------------

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

    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 22nd day of November, 2016.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

[[Page 85650]]



   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[dash]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.
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. 2016-28507 Filed 11-25-16; 8:45 am]
 BILLING CODE 7590-01-P