[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Notices]
[Pages 12638-12643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04959]


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NUCLEAR REGULATORY COMMISSION

[NRC-2019-0072]


Applications and Amendments to Facility Operating Licenses and 
Combined Licenses Involving Proposed No Significant Hazards 
Considerations and Containing Sensitive Unclassified Non-Safeguards 
Information and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment request (LAR); notice of opportunity to 
comment, request a hearing, and petition for leave to intervene; order 
imposing procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is 
considering approval of one amendment request. The amendment request is 
for Oconee Nuclear Station, Units 1, 2, and 3. For the amendment 
request, the NRC proposes to determine that it involves no significant 
hazards consideration. Because the amendment request contains sensitive 
unclassified non-safeguards information (SUNSI) an order imposes 
procedures to obtain access to SUNSI for contention preparation.

DATES: Comments must be filed by May 2, 2019. A request for a hearing 
must be filed by June 3, 2019. 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 April 12, 2019.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0072. Address 
questions about NRC Docket IDs in Regulations.gov to Krupskaya 
Castellon; telephone: 301-287-9221; email: [email protected]. 
For technical questions, contact the individual(s) listed in the FOR 
FURTHER INFORMATION CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lynn Ronewicz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001; telephone: 301-415-1927; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2019-0072, facility name, unit 
number(s), plant docket number, application date, and subject when 
contacting the NRC about the availability of information for this 
action. You may obtain publicly-available information related to this 
action by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0072.
     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 ``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]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in 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.

B. Submitting Comments

    Please include Docket ID NRC-2019-0072 facility name, unit 
number(s), plant docket number, application date, and subject in your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the

[[Page 12639]]

comment submissions into ADAMS. The NRC does not routinely edit comment 
submissions to remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Background

    Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as 
amended (the Act), the NRC is publishing this notice. The Act requires 
the Commission to publish notice of any amendments issued, or proposed 
to be issued and grants the Commission the authority to issue and make 
immediately effective any amendment to an operating license or combined 
license, as applicable, upon a determination by the Commission that 
such amendment involves no significant hazards consideration, 
notwithstanding the pendency before the Commission of a request for a 
hearing from any person.
    This notice includes notice of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating Licenses and Combined Licenses, Proposed No Significant 
Hazards Consideration Determination, and Opportunity for a Hearing

    The Commission has made a proposed determination that the following 
amendment request involves no significant hazards consideration. Under 
the Commission's regulations in 10 CFR 50.92, this means that operation 
of the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated, or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated, 
or (3) involve a significant reduction in a margin of safety. The basis 
for this proposed determination for the amendment request is shown 
below.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment 
involves no significant hazards consideration. In addition, the 
Commission may issue the amendment prior to the expiration of the 30-
day comment period if circumstances change during the 30-day comment 
period such that failure to act in a timely way would result, for 
example, in derating or shutdown of the facility. If the Commission 
takes action prior to the expiration of either the comment period or 
the notice period, it will publish a notice of issuance in the Federal 
Register. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that the need to take this action will 
occur very infrequently.

A. 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 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 persons 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, 11555 Rockville Pike (first 
floor), 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 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) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration. The final determination will serve 
to establish when the hearing is held. If the final determination is 
that the amendment request involves no significant hazards 
consideration, the

[[Page 12640]]

Commission may issue the amendment and make it immediately effective, 
notwithstanding the request for a hearing. Any hearing would take place 
after issuance of the amendment. If the final determination is that the 
amendment request involves a significant hazards consideration, then 
any hearing held would take place before the issuance of the amendment 
unless the Commission finds an imminent danger to the health or safety 
of the public, in which case it will issue an appropriate order or rule 
under 10 CFR part 2.
    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.

B. 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.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 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.

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    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.

Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270, and 50-287, 
Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South 
Carolina

    Date of amendment request: September 14, 2018, as supplemented by 
letter dated January 24, 2019. Publicly-available versions are in ADAMS 
under Accession Nos. ML18264A018 and ML19036A625, respectively.
    Description of amendment request: This amendment request contains 
SUNSI. The amendments would revise the Updated Final Safety Analysis 
Report (UFSAR) regarding the tornado LB [licensing basis] by: Crediting 
the Standby Shutdown Facility as the assured mitigation path following 
a tornado, with the assumed initial conditions of loss of all 
alternating current power to all units with significant damage to one 
unit, incorporating the use of tornado missile probabilistic 
methodology (TORMIS), and eliminating the spent fuel pool (SFP) to high 
pressure injection (HPI) flow path for reactor coolant makeup. This 
amendment request supersedes the request dated June 26, 2008 (ADAMS 
Accession No. ML081840371), and its associated tornado documentation 
with exceptions, as discussed in the licensee's letter dated January 
24, 2019. The request dated June 26, 2008, was noticed in the Federal 
Register on September 23, 2008 (73 FR 54865).
    Basis for proposed no significant hazards consideration 
determination: As required by 10 CFR 50.91(a), the licensee has 
provided its analysis of the issue of no significant hazards 
consideration, which is presented below, with NRC staff edits in square 
brackets:

    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    Justification: Although a tornado does not constitute a 
previously-evaluated UFSAR Chapter 15 design basis accident or 
transient as described in 10 CFR 50.36(c)(2), it is a design basis 
criterion that is required to be considered in design of structure, 
systems, or components. The possibility of a tornado striking Oconee 
Nuclear Station [ONS] is appropriately considered in the UFSAR and 
Duke Energy has concluded that the proposed changes do not increase 
the possibility that a damaging tornado will strike the site or 
increase the consequences from a damaging tornado.
    The Standby Shutdown Facility (SSF) structure has been designed 
for tornado related effects per the requirements of RG [Regulatory 
Guide] 1.76 Revision 1 or RG 1.76 Revision 0, with exceptions as 
noted in UFSAR Section 9.6.3.1 and UFSAR Table 9-17. The portions of 
the SSF piping and control cables that traverse from the tornado 
protected SSF structure to the Cask Decontamination Tank room (CDTR) 
are either enclosed in tornado protected trenches or are 
sufficiently direct buried to prevent tornado damage. The West 
Penetration room (WPR) and CDTR walls have been physically upgraded 
to the requirements of RG 1.76 Revision 1 to resist the effects of 
tornado wind and differential pressure. The existing SSF related 
piping and control cables routed through the WPR and CDTR, other 
systems and components necessary for the SSF to function, and the 
proposed pathway of committed modifications necessary to improve the 
ability of the SSF to mitigate a tornado are physically protected or 
are evaluated with TORMIS. The TORMIS evaluation meets the 
acceptance criteria on a unit specific basis. As a result, there is 
reasonable assurance that a tornado missile will not prohibit the 
SSF system from fulfilling its tornado LB or other functions.
    The SFP suction path to the HPI system currently described in 
UFSAR Section 3.2.2 is being deleted from the LB. The existing 
piping configuration that connects the spent fuel pool suction path 
to the HPI system will remain, but will no longer be credited. This 
will eliminate an alternative plant configuration that, when aligned 
and operated, involves significant operator actions outside of the 
control room. Availability of the path provides no appreciable 
benefit with respect to the overall station tornado mitigation 
capability. Previously, the BWST [borated water storage tank] was 
not fully tornado missile protected and the SFP provided another 
source of HPI suction if the BWST was unavailable. The BWST has 
since been modified to withstand tornado missiles defined in UFSAR 
Section 3.8.4, such that the SFP is not expected to be needed for 
the HPI pumps. With the new tornado LB crediting the SSF as the 
assured mitigation path following a tornado, the HPI system and any 
affiliated suction source are no longer necessary for meeting the 
tornado success criteria.
    Overall, the changes proposed will increase assurance that safe 
shutdown (SSD) can be achieved following a damaging tornado. In 
conclusion, the changes will collectively enhance the station's 
overall design and safety margin; therefore, the probability or 
consequences of accidents previously evaluated are not significantly 
increased.
    2. Does the proposed amendment create the possibility of a new 
or different kind of accident from any accident previously 
evaluated?
    Response: No.
    Justification: This LAR credits the SSF as the deterministically 
protected path for the mitigation of tornadoes. The previously 
credited spent fuel pool suction path to the HPI system currently 
described in UFSAR Section 3.2.2 is being removed from the LB. The 
suction path is not fully protected from the effects of a tornado 
and this change eliminates an alternative plant configuration that, 
when aligned and operated, involves significant operator actions 
outside of the control room. Availability of the path provides no 
appreciable benefit with respect to the overall station tornado 
mitigation capability. With the new tornado LB, crediting the SSF as 
the assured mitigation path following a tornado, the HPI system and 
any affiliated suction source are no longer necessary for meeting 
the tornado success criteria. The SSF is credited for establishing 
and maintaining Secondary Side Decay Heat Removal (SSDHR) and 
Reactor Coolant Makeup (RCMU) up to 72 hours following a damaging 
tornado. Committed modifications improve the ability of the SSF 
systems to perform their functions following a damaging tornado. The 
modifications will be designed and installed in accordance with 
current LB codes/requirements. Failure analyses will ensure no new 
failure modes and effects are introduced. This will ensure that no 
new failure mechanisms, malfunctions or accident initiators not 
already considered in the design and LB are introduced.
    3. Does the proposed amendment involve a significant reduction 
in the margin of safety?
    Response: No.
    Justification: The SSF is credited for establishing and 
maintaining SSDHR and RCMU up to 72 hours following a damaging 
tornado. Currently, the LB is a combination of probabilistic, 
diversity, and defense-in-depth strategies addressing the capability 
to provide SSD of the ONS units. This proposed change establishes 
the SSF as a deterministic strategy. The previously credited spent 
fuel pool suction path to the HPI system currently described in 
UFSAR Section 3.2.2 is being removed from the LB. The suction path 
is not fully protected from the effects of a tornado and this change 
eliminates an alternative

[[Page 12642]]

plant configuration that, when aligned and operated, involves 
significant operator actions outside of the control room. 
Availability of the path provides no appreciable benefit with 
respect to the overall station tornado mitigation capability. With 
the new tornado LB crediting the SSF as the assured mitigation path 
following a tornado, the HPI system and any affiliated suction 
source are no longer necessary for meeting the tornado success 
criteria. The proposed tornado LB will collectively enhance the 
station's overall design and safety margin; therefore, the proposed 
change does not involve a significant reduction in a margin of 
safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    Attorney for licensee: Kate Nolan, Deputy General Counsel, Duke 
Energy Carolinas, 550 South Tryon Street, Charlotte, NC 28202.
    NRC Branch Chief: Michael T. Markley.

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

Duke Energy Carolinas, LLC, Docket Nos. 50-269, 50-270, and 50-287, 
Oconee Nuclear Station, Units 1, 2, and 3, Oconee County, South 
Carolina

    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 access to SUNSI. 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 Deputy General Counsel 
for Hearings 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], respectively.\1\ The request must 
include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
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 contentions by that later deadline.
    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 requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requester may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed 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

[[Page 12643]]

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 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 12th day of March, 2019.
    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 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.......................  NRC staff informs the requester of the
                            staff's determination whether the request
                            for access provides a reasonable basis to
                            believe standing can be established and
                            shows need for SUNSI. (NRC staff also
                            informs any party to the proceeding whose
                            interest independent of the proceeding would
                            be harmed by the release of the
                            information.) If NRC staff makes the finding
                            of need for SUNSI and likelihood of
                            standing, NRC staff begins document
                            processing (preparation of redactions or
                            review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requester to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity to request a hearing
                            and petition for leave to intervene), the
                            petitioner may file its SUNSI contentions by
                            that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2019-04959 Filed 4-1-19; 8:45 am]
 BILLING CODE 7590-01-P