[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38429-38435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13738]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-0320; NRC-2022-0131]


TMI-2 Solutions, LLC; Three Mile Island Station, Unit No. 2

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of an amendment to Possession Only License (POL) No. DPR-73, 
issued to TMI-2 Solutions, LLC (TMI-2 Solutions) for Three Mile Island 
Station, Unit No. 2 (TMI-2). The NRC received and is considering 
approval of one amendment request. Pursuant to NRC regulations, TMI-2 
Solutions proposes an amendment to the POL for TMI-2. This proposed 
license amendment request, upon approval, would revise the POL to 
replace the reference to site physical security, guard training and 
qualification, and safeguards contingency plans maintained by Unit 1

[[Page 38430]]

with a TMI-2 Site Security plan compliant with NRC regulations. For 
this 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: Submit comments by July 28, 2022. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date. Requests for a hearing or petition for leave to intervene 
must be filed by August 29, 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 July 8, 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-2022-0131. 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: Amy Snyder, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone: 301 415-6822, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2022-0131, 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-2022-0131.
     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]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     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-2022-0131, facility name, unit number(s), docket 
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. Introduction

    The NRC is considering issuance of an amendment to POL No. DPR-73, 
issued to TMI-2 Solutions for TMI-2 located in Dauphin County, 
Pennsylvania.
    By letter dated May 13, 2021, as supplemented on September 21, 
2021, and on March 31, April 28, May 3 (non-public), May 9 (non-
public), and May 10, 2022, TMI-2 Solutions submitted a license 
application request seeking NRC review and approval of modification to 
License Condition 2.C.(2) for the TMI-2 license in support of the TMI-
Station Independent Spent Fuel Installation Only Physical Security 
Plan. In the March 31 supplement, TMI-2 Solutions stated that TMI-2 
Solutions will develop a Security Plan document (its own plan), instead 
of the site physical security, guard training and qualification, and 
safeguards contingency plans maintained by Unit 1.
    Before issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves NSHC. Under the NRC's regulations in 10 CFR 
50.92 ``Issuance of amendment,'' 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. As 
required by 10 CFR 50.91(a), the licensee provided an analysis of the 
issue of NSHC. The staff reviewed this analysis and provided its 
preliminary evaluation of it below:
1. Does the proposed amendment involve a significant increase in the 
probability or consequences of an accident previously evaluated?
    Response: No.
    The proposed change would revise the TMI-2 POL by revising TMI-2 
License Condition 2.C.(2), Physical Protection, to refer to a security 
plan specific to TMI-2 that is compliant with 10 CFR part 37 ``Physical 
protection of category 1 and category 2 quantities of radioactive 
material'' to implement the requirements for 10 CFR 73.67 and part 37 
material. During post-defueling monitored storage (PDMS), the 
activities

[[Page 38431]]

occurring at the site and the form of the radiological material present 
have low safety and security risk profiles, and as such, a significant 
increase in the probability or consequences of an accident previously 
evaluated would not be created by the proposed amendment.
    TMI-2 plans to transition from PDMS into DECON following the 
current planning phase and provided this amendment request is approved, 
and during this phase risks would be further reduced. DECON is one of 
three decommissioning methods defined by NRC. Once TMI-2 has entered 
DECON, special nuclear material (SNM) will be retrieved and aggregated 
to be placed into dry cask storage using various shapes and sizes of 
containers to place into a basket and canister. To minimize aggregating 
the remaining SNM, the core debris will be generally packaged and 
loaded as it is retrieved. These canisters will then be transferred to 
an expanded Independent Spent Fuel Storage Installation (ISFSI) inside 
the Three Mile Island Station, Unit No. 1, ISFSI fence to store the 
canisters after Three Mile Island, Unit 1 (TMI-1) completes their spent 
fuel transfer campaign to the ISFSI. On-site transfers will utilize 
storage systems fundamentally similar to those in use by TMI-1 for 
Spent Fuel (NAC MAGNASTOR). These storage system designs will have been 
certified by the NRC for such use because they satisfy applicable 
requirements for safety and security. Using these certified storage 
systems will assure there are no increases in accident probability or 
consequences involved with the proposed amendment.
2. Does the proposed amendment create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The proposed change would revise the TMI-2 POL by revising TMI-2 
License Condition 2.C.(2), Physical Protection, and would not create 
the possibility of a new or different kind of accident from that 
previously evaluated. When TMI-2 is in the PDMS condition no major 
decommissioning activities will occur, and there will no longer be any 
equipment or facilities that need to be protected because there are no 
designated Target Sets for TMI-2. Based on the above, the NRC 
preliminarily concludes that during PDMS the proposed amendment would 
not create the possibility of a new or different kind of accident from 
any accident previously evaluated.
    TMI-2 plans to transition from PDMS into DECON following the 
current planning phase and provided this amendment request is approved. 
Once TMI-2 has entered DECON, SNM will be retrieved and aggregated to 
be placed into dry cask storage using various shapes and sizes of 
containers to place into a basket and canister. To minimize aggregating 
the remaining SNM, the core debris will be generally packaged and 
loaded as it is retrieved. These canisters will then be transferred to 
an expanded ISFSI inside the TMI-1 ISFSI fence to store the canisters 
after TMI-1 completes their spent fuel transfer campaign to the ISFSI. 
On-site transfers will utilize storage systems fundamentally similar to 
those in use by TMI-1 for Spent Fuel (NAC MAGNASTOR). These storage 
system designs will have been certified by the NRC for such use because 
they satisfy applicable requirements for safety and security. This 
certification assures that no new or different kind of accidents from 
any accident previously evaluated will be created as a consequence of 
the proposed amendment.
3. Does the proposed amendment involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed change would revise the TMI-2 POL by revising TMI-2 
License Condition 2.C.(2), Physical Protection. This change would not 
involve a significant reduction in a margin of safety for the following 
reasons. While TMI-2 is in the PDMS, no major decommissioning 
activities will occur. As stated by NRC in a previous letter dated 
April 2, 2013, for an exemption from certain security requirements of 
10 CFR part 73.55, the NRC determined that the remaining radioactive 
material is in a form that does not pose a risk of removal and is well 
dispersed and is not easily aggregated; the potential for radiological 
sabotage or diversion of SNM at the 10 CFR part 50 licensed site was 
eliminated; there is no longer any equipment or facilities that need to 
be protected; and there are no designated Target Sets for TMI Unit 2. 
Thus, during PDMS, as the potential for radiological sabotage has been 
eliminated, the requested amendment would not result in a reduction in 
the margin of safety.
    During DECON, to minimize aggregating the remaining SNM, the core 
debris will be generally packaged and loaded as it is retrieved. SNM 
will not be aggregated any more than is necessary to load a canister. 
These canisters will then be transferred to an expanded ISFSI inside 
the TMI-1 ISFSI fence to store the canisters after TMI-1 completes 
their spent fuel transfer campaign to the ISFSI. This campaign is 
scheduled to be completed in the Summer of 2022. Also, on-site 
transfers will use storage systems fundamentally similar to those in 
use by TMI-1 for Spent Fuel (NAC MAGNASTOR). These storage system 
designs will have been certified by the NRC for such use because they 
satisfy applicable requirements for safety and security. This 
certification assures that a significant reduction in a margin of 
safety would not be involved as a consequence of the proposed 
amendment.
    Based on the staff's review, it appears that the three standards of 
10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to 
determine that the license amendment request involves NSHC.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves NSHC. 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 notice period if the Commission concludes the amendment involves 
NSHC. 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 in the Federal 
Register a notice of issuance. If the Commission makes a final NSHC 
determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.

III. 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

[[Page 38432]]

are accessible electronically from the NRC Library on the NRC's public 
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 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.

IV. Electronic Submissions and 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 further 
discussed, 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's public 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

[[Page 38433]]

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 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 9:00 
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal 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 previously described, 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 copyrighted materials in their submission.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through ADAMS.

------------------------------------------------------------------------
                 Document                        ADAMS accession No.
------------------------------------------------------------------------
Three Mile Island, Unit 2 License           ML21144A262 (non-public,
 Amendment Request--Delete License           withheld pursuant to 10 CFR
 Condition 2.C.(2) Physical Protection,      2.390).
 dated May 13, 2021.
Three Mile Island, Unit 2--License          ML21267A505.
 Amendment Request--Revised License
 Condition 2.C.(2) Physical Protection--
 Supplemental Information, dated September
 21, 2021.
Three Mile Island Unit 2--Physical          ML22102A304 (Package).
 Security Plan Response to March18
 Supplemental Information Request, dated
 March 31, 2022.
Three Mile Island 2--Security Plan          ML22125A013.
 Proposed Revision License Condition
 2.C.(2) (EPID: L[dash]2021-LLA-0103)
 Proposed License Condition--partial
 response, dated April 28, 2022.
Three Mile Island Nuclear Station, Unit 2   ML22138A281 (non-public,
 (TMl-2)--Supplemental Letter to Three       withheld pursuant to 10 CFR
 Mile Island Nuclear Station, Unit 2 (TMl-   2.390).
 2)--License Amendment Request--Delete
 License Condition 2.C.(2) Physical
 Protection, dated May 9, 2022.
Three Mile Island, Unit 2--E-mail from T.   ML22131A138.
 Devik, EnergySolutions TMI-2, to A.
 Snyder, NRC, Physical Security Plan May 9
 Submittal Typo Correction, dated May 10,
 2022.
NRC Letter from L. Camper (NRC) to J. Lash  ML112351129.
 (FirstEnergy Corporation), ``Three Mile
 Island Nuclear Power Station Unit 2--
 Issuance of Exemption from Certain
 Security Requirements of 10 CFR part
 73.55 (TAC NO. J00391),'' dated April 2,
 2013.
------------------------------------------------------------------------

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this notice of hearing or 
opportunity for hearing, 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,

[[Page 38434]]

Maryland 20852. The email addresses 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 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 requestor may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) the presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if this individual 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 this 
individual 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, 78 FR 34247, June 7, 2013) 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: June 23, 2022.

    For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
Acting 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 or opportunity for hearing,
                            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).

[[Page 38435]]

 
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 hearing or notice of opportunity
                            for hearing), the petitioner may file its
                            SUNSI contentions by that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2022-13738 Filed 6-27-22; 8:45 am]
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