[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12036-12041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05446]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-223; NRC-2018-0053]


University of Massachusetts at Lowell; University of 
Massachusetts at Lowell Research 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-125, 
which authorizes the University of Massachusetts at Lowell (UML or the 
licensee) to operate the UML Research Reactor (UMLRR) at a maximum 
steady-state thermal power of 1.0 megawatt (MW). The UMLRR is a plate-
type-fueled research reactor located on the campus of UML, in Lowell, 
Massachusetts. If approved, the renewed license would authorize the 
licensee to continue to operate the UMLRR 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. Because the license renewal application contains 
Sensitive Unclassified Non-Safeguards Information (SUNSI) and 
Safeguards Information (SGI), an included Order imposes procedures to 
obtain access to SUNSI and SGI for contention preparation.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by May 18, 2018. Any potential party as defined in Section 2.4 
of title 10 of the Code of Federal Regulations (10 CFR), who believes 
access to SUNSI or SGI is necessary to respond to this notice must 
request document access by March 29, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0053 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0053. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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, 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: Edward Helvenston, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-4067; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is considering an application for the renewal of Facility 
Operating License No. R-125, which authorizes the licensee to operate 
the UMLRR, located on the campus of the UML, at a maximum steady-state 
thermal power of 1.0 MW. The renewed license would authorize the 
licensee to continue to operate the UMLRR 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 October 20, 2015, as supplemented by the other 
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-
125 for the UMLRR. The application contains SUNSI and SGI.
    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 10 CFR 50.34 and that the application 
is acceptable for docketing. The current Docket No. 50-223 for Facility 
Operating License No. R-125 will be retained. The docketing of the 
renewal application does not preclude NRC Staff 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, including the environmental 
protection regulations in 10 CFR part 51.

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person(s) (petitioner) whose interest may be affected by this action 
may file a request for a hearing and petition for leave 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 person(s) should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21 (first floor), 11555 Rockville 
Pike, Rockville, Maryland 20852. If a petition is filed, the Commission 
or a presiding officer will rule on the petition and, if appropriate, a 
notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (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.
    In accordance with 10 CFR 2.309(f), 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

[[Page 12037]]

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 the specific sources and documents on which the petitioner intends 
to rely to support its position on the issue. The petition must include 
sufficient information to show that a genuine dispute exists with the 
applicant or licensee 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 at 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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). The petition must be filed in accordance with 
the filing instructions in the ``Electronic Submissions (E-Filing)'' 
section of this document.
    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 no later 
than 60 days from the date of publication of this notice. 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 is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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 and petition for leave to intervene (petition), 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 that request to 
participate 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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 website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at http://www.nrc.gov/site-help/e-submittals/getting-started.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 6 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

[[Page 12038]]

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 adjudicatory documents 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 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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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University of Massachusetts at Lowell,   ML17296B070
 Submittal of Revision 7 to Emergency
 Plan, dated May 23, 2013.
University of Massachusetts at Lowell,   ML15015A016
 Submittal of Revision 7 to Physical
 Security Plan, dated January 13, 2015.
University of Massachusetts at Lowell,   ML16042A015
 Request for Renewal of Facility
 Operating License No. R-125 and Safety
 Analysis Report, dated October 20,
 2015.
University of Massachusetts at Lowell,   ML16076A405
 Submittal of Revision 2 to Operator
 Requalification Program, dated March
 16, 2016.
University of Massachusetts at Lowell,   ML16335A327
 Response to Request for Additional
 Information Regarding the Operator
 Requalification Program for License
 Renewal and Submittal of Revision 3 to
 Operator Requalification Program,
 dated November 30, 2016.
University of Massachusetts at Lowell,   ML17090A348
 Response to Request for Additional
 Information for License Renewal, dated
 March 31, 2017.
University of Massachusetts at Lowell,   ML17192A428
 Response to Request for Additional
 Information Regarding Financial
 Qualifications for License Renewal,
 dated July 11, 2017.
University of Massachusetts at Lowell,   ML17222A071
 Response to Request for Additional
 Information Regarding the Physical
 Security Plan for License Renewal and
 Submittal of Revision 8 to Physical
 Security Plan, dated August 7, 2017.
University of Massachusetts at Lowell,   ML17261A211
 Submittal of Revision 9 to Physical
 Security Plan, dated September 13,
 2017.
University of Massachusetts at Lowell,   ML18006A003
 Response to Request for Additional
 Information for License Renewal, dated
 January 6, 2018.
University of Massachusetts at Lowell,   ML18032A534
 Additional Clarifying Information for
 License Renewal, dated February 1,
 2018.
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    Portions of the license renewal application and its supporting 
documents contain SUNSI and SGI. These portions will not be available 
to the public. Any person requesting access to SUNSI or SGI must follow 
the procedures described in the Order below.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention 
Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)). 
Requirements for access to SGI are primarily set forth in 10 CFR parts 
2 and 73. Nothing in this Order is intended to conflict with the SGI 
regulations.
    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 or SGI is necessary to respond to this notice 
may request access to SUNSI or SGI. 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 or SGI submitted later than 10 days after publication will not 
be considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI, SGI, or both 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, U.S. Nuclear Regulatory Commission, 
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],

[[Page 12039]]

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 and/or SGI 
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);
    (3) If the request is for SUNSI, the identity of the individual or 
entity requesting access to SUNSI and the requestor'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; and
    (4) If the request is for SGI, the identity of each individual who 
would have access to SGI if the request is granted, including the 
identity of any expert, consultant, or assistant who will aid the 
requestor in evaluating the SGI. In addition, the request must contain 
the following information:
    (a) A statement that explains each individual's ``need to know'' 
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent 
with the definition of ``need to know'' as stated in 10 CFR 73.2, the 
statement must explain:
    (i) Specifically why the requestor believes that the information is 
necessary to enable the requestor to proffer and/or adjudicate a 
specific contention in this proceeding; \2\ and
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    \2\ Broad SGI requests under these procedures are unlikely to 
meet the standard for need to know; furthermore, NRC staff redaction 
of information from requested documents before their release may be 
appropriate to comport with this requirement. These procedures do 
not authorize unrestricted disclosure or less scrutiny of a 
requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention or non-adjudicatory 
access to SGI.
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    (ii) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested SGI to provide the basis and specificity for a proffered 
contention. The technical competence of a potential party or its 
counsel may be shown by reliance on a qualified expert, consultant, or 
assistant who satisfies these criteria.
    (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive 
Positions,'' for each individual who would have access to SGI. The 
completed Form SF-85 will be used by the Office of Administration to 
conduct the background check required for access to SGI, as required by 
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the 
requestor's trustworthiness and reliability. For security reasons, Form 
SF-85 can only be submitted electronically through the electronic 
questionnaire for investigations processing (e-QIP) website, a secure 
website that is owned and operated by the Office of Personnel 
Management. To obtain online access to the form, the requestor should 
contact the NRC's Office of Administration at 301-415-3710.\3\
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    \3\ The requestor will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and email address. After providing this information, the requestor 
usually should be able to obtain access to the online form within 
one business day.
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    (c) A completed Form FD-258 (fingerprint card), signed in original 
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form 
FD-258 may be obtained by writing the Office of Administrative 
Services, Mail Services Center, Mail Stop P1-37, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, or by email to 
[email protected]. The fingerprint card will be used to satisfy 
the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22(b)(1), and 
Section 149 of the Atomic Energy Act of 1954, as amended, which 
mandates that all persons with access to SGI must be fingerprinted for 
an FBI identification and criminal history records check.
    (d) A check or money order payable in the amount of $357.00 \4\ to 
the U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted.
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    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
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    (e) If the requestor or any individual(s) who will have access to 
SGI believes they belong to one or more of the categories of 
individuals that are exempt from the criminal history records check and 
background check requirements in 10 CFR 73.59, the requestor should 
also provide a statement identifying which exemption the requestor is 
invoking and explaining the requestor's basis for believing that the 
exemption applies. While processing the request, the Office of 
Administration, Personnel Security Branch, will make a final 
determination whether the claimed exemption applies. Alternatively, the 
requestor may contact the Office of Administration for an evaluation of 
their exemption status prior to submitting their request. Persons who 
are exempt from the background check are not required to complete the 
SF-85 or Form FD-258; however, all other requirements for access to 
SGI, including the need to know, are still applicable.
    Note: Copies of documents and materials required by paragraphs 
C.(4)(b), (c), and (d) of this Order must be sent to the following 
address: U.S. Nuclear Regulatory Commission, ATTN: Personnel Security 
Branch, Mail Stop TWFN-03-B46M, 11555 Rockville Pike, Rockville, MD 
20852.
    These documents and materials should not be included with the 
request letter to the Office of the Secretary, but the request letter 
should state that the forms and fees have been submitted as required.
    D. To avoid delays in processing requests for access to SGI, the 
requestor should review all submitted materials for completeness and 
accuracy (including legibility) before submitting them to the NRC. The 
NRC will return incomplete packages to the sender without processing.
    E. Based on an evaluation of the information submitted under 
paragraphs C.(3) or C.(4) above, as applicable, 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 or need to know the SGI requested.
    F. For requests for access to SUNSI, if the NRC staff determines 
that the requestor satisfies both E.(1) and E.(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 setting forth 
terms and conditions to prevent the unauthorized or inadvertent 
disclosure of SUNSI by each individual who will be granted access to 
SUNSI.\5\
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    \5\ 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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    G. For requests for access to SGI, if the NRC staff determines that 
the requestor has satisfied both E.(1) and E.(2) above, the Office of 
Administration will then

[[Page 12040]]

determine, based upon completion of the background check, whether the 
proposed recipient is trustworthy and reliable, as required for access 
to SGI by 10 CFR 73.22(b). If the Office of Administration determines 
that the individual or individuals are trustworthy and reliable, the 
NRC will promptly notify the requestor in writing. The notification 
will provide the names of approved individuals as well as the 
conditions under which the SGI will be provided. Those conditions may 
include, but are not limited to, the signing of a Non-Disclosure 
Agreement or Affidavit, or Protective Order \6\ by each individual who 
will be granted access to SGI.
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    \6\ Any motion for Protective Order or draft Non- Disclosure 
Agreement or Affidavit for SGI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 180 days of the deadline for the 
receipt of the written access request.
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    H. Release and Storage of SGI. Prior to providing SGI to the 
requestor, the NRC staff will conduct (as necessary) an inspection to 
confirm that the recipient's information protection system is 
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, 
recipients may opt to view SGI at an approved SGI storage location 
rather than establish their own SGI protection program to meet SGI 
protection requirements.
    I. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI or SGI must be filed by the requestor no later than 25 days 
after receipt of (or access to) that information. 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 or SGI contentions by that later 
deadline.
    J. Review of Denials of Access.
    (1) If the request for access to SUNSI or SGI is denied by the NRC 
staff either after a determination on standing and requisite need, or 
after a determination on trustworthiness and reliability, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) Before the Office of Administration makes a final adverse 
determination regarding the trustworthiness and reliability of the 
proposed recipient(s) for access to SGI, the Office of Administration, 
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed 
recipient(s) any records that were considered in the trustworthiness 
and reliability determination, including those required to be provided 
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an 
opportunity to correct or explain the record.
    (3) The requestor may challenge the NRC staff's adverse 
determination with respect to access to SUNSI or with respect to 
standing or need to know for SGI 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) if another 
officer has been designated to rule on information access issues, with 
that officer.
    (4) The requestor may challenge the Office of Administration's 
final adverse determination with respect to trustworthiness and 
reliability for access to SGI by filing a request for review in 
accordance with 10 CFR 2.336(f)(1)(iv).
    (5) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    K. 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 within 5 days of the notification by the 
NRC staff of its grant of access and must be filed 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) if 
another officer has been designated to rule on information access 
issues, with that officer.
    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.\7\
---------------------------------------------------------------------------

    \7\ Requestors 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/SGI 
request submitted to the NRC staff under these procedures.
---------------------------------------------------------------------------

    L. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI or SGI, 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. The attachment to this Order summarizes the general target 
schedule for processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 13th of March 2018.

    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
              and 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) and/or Safeguards
                            Information (SGI) 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;
                            demonstrating that access should be granted
                            (e.g., showing technical competence for
                            access to SGI); and, for SGI, including
                            application fee for fingerprint/background
                            check.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; (ii) all contentions whose
                            formulation does not require access to SUNSI
                            and/or SGI (+25 Answers to petition for
                            intervention; +7 requestor/petitioner
                            reply).

[[Page 12041]]

 
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 (1)
                            need for SUNSI or (2) need to know for SGI.
                            (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).
                            If NRC staff makes the finding of need to
                            know for SGI and likelihood of standing, NRC
                            staff begins background check (including
                            fingerprinting for a criminal history
                            records check), information processing
                            (preparation of redactions or review of
                            redacted documents), and readiness
                            inspections.
25.......................  If NRC staff finds no ``need,'' no ``need to
                            know,'' or no likelihood of standing, the
                            deadline for requestor/petitioner 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.
190......................  (Receipt +180) If NRC staff finds standing,
                            need to know for SGI, and trustworthiness
                            and reliability, deadline for NRC staff to
                            file motion for Protective Order and draft
                            Non-disclosure Affidavit (or to make a
                            determination that the proposed recipient of
                            SGI is not trustworthy or reliable). Note:
                            Before the Office of Administration makes a
                            final adverse determination regarding access
                            to SGI, the proposed recipient must be
                            provided an opportunity to correct or
                            explain information.
205......................  Deadline for petitioner to seek reversal of a
                            final adverse NRC staff trustworthiness or
                            reliability determination under 10 CFR
                            2.336(f)(1)(iv).
A........................  If access granted: Issuance of a decision by
                            a presiding officer or other designated
                            officer 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 and/or
                            SGI consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI and/
                            or SGI. 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 opportunity to
                            request a hearing and petition for leave to
                            intervene), the petitioner may file its
                            SUNSI or SGI contentions by that later
                            deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI and/or SGI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------


[FR Doc. 2018-05446 Filed 3-16-18; 8:45 am]
 BILLING CODE 7590-01-P