[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35544-35550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12277]
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NUCLEAR REGULATORY COMMISSION
[NRC-2021-0118]
Applications and Amendments to Facility Operating Licenses and
Combined Licenses Involving Proposed No Significant Hazards
Considerations and Containing Sensitive Unclassified Non-Safeguards
Information and Safeguards Information and Order Imposing Procedures
for Access to Sensitive Unclassified Non-Safeguards Information and
Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; 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 two amendment requests. The amendment requests
are for Perry Nuclear Power Plant, Unit 1 and Three Mile Island Nuclear
Station, Unit 1. For each amendment request, the NRC proposes to
determine that they involve no significant hazards consideration
(NSHC). Because each amendment request contains sensitive unclassified
non-safeguards information (SUNSI) and safeguards information (SGI), an
order imposes procedures to obtain access to SUNSI and SGI for
contention preparation by persons who file a hearing request or
petition for leave to intervene.
DATES: Comments must be filed by August 5, 2021. A request for a
hearing or petitions for leave to intervene must be filed by September
7, 2021. 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
and/or SGI is necessary to respond to this notice must request document
access by July 16, 2021.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0118. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual 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: Paula Blechman, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-2242, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2021-0118, facility name, unit
number(s), docket number(s), 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 https://www.regulations.gov and search for Docket ID NRC-2021-0118.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://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.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2021-0118, facility name, unit number(s), docket
[[Page 35545]]
number(s), 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
https://www.regulations.gov as well as enter the 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 NSHC, notwithstanding the pendency before the
Commission of a request for a hearing from any person.
This notice includes notices of amendments containing SUNSI and
SGI.
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 requests involve NSHC. 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 each amendment request is shown as follows.
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 any of these
actions may file a request for a hearing and petition for leave to
intervene (petition) with respect to that 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 https://www.nrc.gov/reading-rm/doc-collections/cfr/. 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 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 that 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 that 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 that, 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 NSHC, the Commission will make a final
determination on the issue of NSHC. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves NSHC, the
[[Page 35546]]
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 petition is submitted, 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
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as
discussed below, is granted. Detailed guidance on electronic
submissions is located in the Guidance for Electronic Submissions to
the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at
https://www.nrc.gov/site-help/e-submittals.html.
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 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 https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://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 confirming receipt of the document. The E-Filing
system also distributes an email 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 to
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 https://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 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of 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. 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
should not include
[[Page 35547]]
copyrighted materials in their submission.
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Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC;
Perry Nuclear Power Plant, Unit 1; Lake County, OH
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Docket No(s)................. 50-440.
Application Date............. April 7, 2021.
ADAMS Accession No........... ML21106A027 (Package).
Location in Application of Pages 51-52 of Enclosure A.
NSHC.
Brief Description of The proposed amendment would revise the
Amendment(s). Updated Safety Analysis Report to change
the methodology used for analysis of
flooding hazards and drainage within the
local intense precipitation domain and
reflect the results from the new
analysis. Based on the new analysis, a
new flood hazard protection scheme is
also proposed for Perry Nuclear Power
Plant, Unit 1.
Proposed Determination....... NSHC.
Name of Attorney for Rick Giannantonio, General Counsel,
Licensee, Mailing Address. Energy Harbor Nuclear Corp., Mail Stop A-
GO-15, 76 South Main Street, Akron, OH
44308.
NRC Project Manager, Scott Wall, 301-415-2855.
Telephone Number.
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Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit
1; Dauphin County, PA
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Docket No(s)................. 50-289, 72-077.
Application Date............. April 29, 2021.
ADAMS Accession No........... ML21145A183.
Location in Application of Pages 5-6 of Attachment 1.
NSHC.
Brief Description of Exelon Generation Company, LLC requests
Amendment(s). an amendment to Renewed Facility License
No. DRP-50 for Three Mile Island Nuclear
Station, Unit 1 (TMI-1) and the approval
of the proposed TMI-1 Independent Spent
Fuel Storage Installation (ISFSI)
Security Plan, Training and
Qualification Plan, and Safeguards
Contingency Plan (ISFSI Security Plan)
and Alternative Measures. The proposed
amendment would revise the TMI-1 license
to reflect the requirements for an ISFSI
only configuration, consistent with the
permanent removal of all spent fuel from
the spent fuel pool.
Proposed Determination....... NSHC.
Name of Attorney for Donald P. Ferraro, Assistant General
Licensee, Mailing Address. Counsel, Exelon Generation Company, LLC,
200 Exelon Way, Suite 305, Kennett
Square, PA 19348.
NRC Project Manager, Theodore Smith, 301-415-6721.
Telephone Number.
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Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and Safeguards Information for Contention
Preparation
Energy Harbor Nuclear Corp. and Energy Harbor Nuclear Generation LLC;
Perry Nuclear Power Plant, Unit 1; Lake County, OH
Exelon Generation Company, LLC; Three Mile Island Nuclear Station, Unit
1; Dauphin County, PA
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information (including SUNSI and 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 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 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
[[Page 35548]]
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
Questionnaires for Investigations Processing (e-QIP) website, a secure
website that is owned and operated by the Defense Counterintelligence
and Security Agency (DCSA). 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 will be provided in the background check request package
supplied by the Office of Administration for each individual for whom a
background check is being requested. 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 a Federal Bureau of Investigation identification and
criminal history records check.
(d) A check or money order payable in the amount of $326.00 \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 DCSA'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, Office of Administration,
ATTN: Personnel Security Branch, Mail Stop: TWFN-07D04M, 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), 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), the Office of
Administration will then 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
[[Page 35549]]
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\
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\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.
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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: June 7, 2021.
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).
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).
[[Page 35550]]
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.
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[FR Doc. 2021-12277 Filed 7-2-21; 8:45 am]
BILLING CODE 7590-01-P