[Federal Register Volume 87, Number 85 (Tuesday, May 3, 2022)]
[Notices]
[Pages 26232-26236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08292]
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NUCLEAR REGULATORY COMMISSION
[NRC-2022-0094]
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; 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 Diablo Canyon Power Plant, Units 1 and 2. For the amendment
request, the NRC proposes to determine that it involves no significant
hazards consideration (NSHC). Because the amendment request contains
sensitive unclassified non-safeguards information (SUNSI), an order
imposes procedures to obtain access to SUNSI for contention preparation
by persons who file a hearing request or petition for leave to
intervene.
DATES: Comments must be filed by June 2, 2022. A request for a hearing
or a petition for leave to intervene must be filed by July 5, 2022. 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 is necessary
to respond to this notice must request document access by May 13, 2022.
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-2022-0094. 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: Kathleen Entz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-2464, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0094, 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-2022-0094.
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 publicly available portions of
the license amendment request are available in ADAMS under Accession
No. ML22048A526.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), 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-2022-0094, facility name, unit number(s), docket
[[Page 26233]]
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.(1)-(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 a notice of an amendment 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 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 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 (petitioners) 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 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 must 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 that 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--this information must include
references to specific portions of the application that the petitioner
disputes and the supporting reasons for each dispute, or, if the
petitioner believes that the application fails to contain information
on a relevant matter as required by law, the identification of each
failure and the supporting reasons for the petitioner's belief.
Contentions must be limited to matters within the scope of the
proceeding and must be material to the findings the NRC must make to
support the action that is involved in the proceeding. 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
[[Page 26234]]
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 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 must 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 must meet the requirements for
petitions set forth in 10 CFR 2.309, 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., ET, on the due date. Upon receipt of a
transmission, the E-Filing system timestamps 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., ET, 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
[[Page 26235]]
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 copyrighted materials in
their submission.
The following table provides the plant name, docket number, date of
application, ADAMS accession number, and location in the application of
the licensee's proposed NSHC determination. For further details with
respect to this license amendment application, see the application for
amendment, publicly available portions of which are available for
public inspection in ADAMS. For additional direction on accessing
information related to this document, see the ``Obtaining Information
and Submitting Comments'' section of this document.
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Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and
2; San Luis Obispo County, CA
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Docket No(s)................. 50-275, 50-323.
Application Date............. February 16, 2022.
ADAMS Accession No........... ML22048A526.
Location in Application of Pages 3-5 in Attachment 1 of the
NSHC. Enclosure.
Brief Description of The amendment would permit alternative
Amendment(s). security measures for the implementation
of an early warning system.
Proposed Determination....... NSHC.
Name of Attorney for Jennifer Post, Esq., Pacific Gas and
Licensee, Mailing Address. Electric Co., 77 Beale Street, Room
3065, Mail Code B30A, San Francisco, CA
94105.
NRC Project Manager, Samson Lee, 301-415-3168.
Telephone Number.
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Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1
and 2; San Luis Obispo County, CA
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 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 requestor 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 Licensing, Hearings, and Enforcement, 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 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.
D. Based on an evaluation of the information submitted under
paragraph C, 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), 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 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 requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer
[[Page 26236]]
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 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.\3\
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\3\ 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
request submitted to the NRC staff under these procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have 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: April 13, 2022.
For the Nuclear Regulatory Commission.
Brooke P. Clark,
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
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Day Event/activity
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0........................... Publication of Federal Register notice of
opportunity to petition for leave to
intervene, including order with
instructions for access requests.
10.......................... Deadline for submitting requests for
access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) with
information: Supporting the standing of a
potential party identified by name and
address; describing the need for the
information in order for the potential
party to participate meaningfully in an
adjudicatory proceeding.
60.......................... Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; and (ii) all
contentions whose formulation does not
require access to SUNSI (+25 Answers to
petition for intervention; +7 petitioner/
requestor reply).
20.......................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the
staff's determination whether the request
for access provides a reasonable basis to
believe standing can be established and
shows need for SUNSI. (NRC staff also
informs any party to the proceeding whose
interest independent of the proceeding
would be harmed by the release of the
information.) If NRC staff makes the
finding of need for SUNSI and likelihood
of standing, NRC staff begins document
processing (preparation of redactions or
review of redacted documents).
25.......................... If NRC staff finds no ``need'' or no
likelihood of standing, the deadline for
petitioner/requestor to file a motion
seeking a ruling to reverse the NRC
staff's denial of access; NRC staff files
copy of access determination with the
presiding officer (or Chief
Administrative Judge or other designated
officer, as appropriate). If NRC staff
finds ``need'' for SUNSI, the deadline
for any party to the proceeding whose
interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant
of access.
30.......................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40.......................... (Receipt +30) If NRC staff finds standing
and need for SUNSI, deadline for NRC
staff to complete information processing
and file motion for Protective Order and
draft Non-Disclosure Agreement or
Affidavit. Deadline for applicant/
licensee to file Non-Disclosure Agreement
or Affidavit 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 Agreements or 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.
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[FR Doc. 2022-08292 Filed 5-2-22; 8:45 am]
BILLING CODE 7590-01-P