[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Notices]
[Pages 50183-50188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15031]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0122]


Applications for Amendments to Facility Operating Licenses 
Involving Proposed No Significant Hazards Consideration(s) 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 two amendment requests. The amendment requests 
are for Millstone Power Station, Unit 3. For each amendment request, 
the NRC proposes to determine that it involves no significant hazards 
consideration (NSHC). Because each 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 August 31, 2023. A request for a 
hearing or petitions for leave to intervene must be filed by October 2, 
2023. 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 
August 11, 2023.

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-2023-0122. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical

[[Page 50184]]

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: Kay Goldstein, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1506; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0122, 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-2023-0122.
     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, at 301-415-4737, 
or by email to [email protected]. The Millstone Power Station, Unit 
3, documents are available in ADAMS under Accession Nos. ML23123A279 
and ML23145A195.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 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-2023-0122, 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. 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 two notices of amendments containing SUNSI.

III. Notice of Consideration of Issuance of Amendments to Facility 
Operating 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 amendments 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 these proposed 
determinations. 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 amendments until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue any of these license amendments before expiration 
of the 60-day period provided that its final determination is that the 
amendments involve no significant hazards consideration. In addition, 
the Commission may issue any of these amendments 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 on any of these amendments 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 for 
any of these amendments, any hearing on those amendments 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 
person (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. 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.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
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

[[Page 50185]]

by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
    If a hearing is requested, and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves no significant hazards consideration, 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 designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
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).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

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 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 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 a.m. 
and 6 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.
    The following table provides the plant names, docket numbers, date 
of application, ADAMS accession number, and location in the application 
of the licensee proposed NSHC determination. For further details with 
respect to these license amendment applications, see the applications 
for amendment, publicly available portions of which are available for 
public inspection in ADAMS. For additional direction on accessing

[[Page 50186]]

information related to this document, see the ``Obtaining Information 
and Submitting Comments'' section of this document.

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Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station, Unit
                        3; New London County, CT
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Docket No(s).................  50-423.
Application Date.............  May 2, 2023.
ADAMS Accession No...........  ML23123A279.
Location in Application of     Pages 9-11 of Attachment 1.
 NSHC.
Brief Description of           The proposed amendment would revise
 Amendment.                     Technical Specification (TS) 6.9.1.6.b
                                to support the transition to Framatome
                                (FRM) GAIA fuel with M5\TM\ cladding at
                                Millstone Power Station, Unit 3
                                (Millstone, Unit 3), which requires the
                                application of the FRM Small Break Loss
                                of Coolant Accident and Realistic Large
                                Break Loss of Coolant Accident
                                methodologies and the associated use of
                                the GALILEO fuel performance code within
                                the loss-of-coolant accident (LOCA)
                                methods. Specifically, TS 6.9.1.6.b
                                would add FRM Topical Reports EMF-2328-P-
                                A, ``PWR Small Break LOCA Evaluation
                                Model, S-RELAP5 Based,'' EMF-2103-P-A,
                                ``Realistic Large Break LOCA Methodology
                                for Pressurized Water Reactors,'' and
                                ANP-10349-P-A, ``GALILEO Implementation
                                in LOCA Methods'' to the list of
                                methodologies for establishing core
                                operating limits. The proposed revision
                                to TS 6.9.1.6.b would also delete one
                                methodology no longer used to define
                                core operating limits at Millstone, Unit
                                3. Dominion Energy Nuclear Connecticut,
                                Inc. is also requesting an exemption to
                                facilitate the use of FRM GAIA fuel
                                assemblies containing fuel rods
                                fabricated with M5\TM\ cladding material
                                at Millstone, Unit 3.
Proposed Determination.......  NSHC.
Name of Attorney for           W.S. Blair, Senior Counsel, Dominion
 Licensee, Mailing Address.     Energy Services, Inc., 120 Tredegar St.,
                                RS-2, Richmond, VA 23219.
NRC Project Manager,           Richard Guzman, 301-415-1030.
 Telephone Number.
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Dominion Energy Nuclear Connecticut, Inc.; Millstone Power Station, Unit
                        3; New London County, CT
------------------------------------------------------------------------
Docket No(s).................  50-423.
Application Date.............  May 23, 2023.
ADAMS Accession No...........  ML23145A195.
Location in Application of     Pages 10-14 of Attachment 1.
 NSHC.
Brief Description of           The proposed amendment would revise the
 Amendment(s).                  Millstone Power Station, Unit 3
                                (Millstone, Unit 3), technical
                                specifications (TSs) to support the use
                                of Framatome GAIA fuel with M5\TM\ fuel
                                cladding material, which is currently
                                scheduled for insertion into the
                                Millstone, Unit 3, reactor during the
                                spring 2025 refueling outage. The
                                proposed TS changes include updating the
                                reactor core safety limits (TS 2.1.1.2),
                                fuel assemblies design features (TS
                                5.3.1), and list of approved
                                methodologies for the Core Operating
                                Limits Report (TS 6.9.1.6.b).
Proposed Determination.......  NSHC.
Name of Attorney for           W.S. Blair, Senior Counsel, Dominion
 Licensee, Mailing Address.     Energy Services, Inc., 120 Tredegar St.,
                                RS-2, Richmond, VA 23219.
NRC Project Manager,           Richard Guzman, 301-415-1030.
 Telephone Number.
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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 Sensitive 
Unclassified Non-Safeguards Information (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, 
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

[[Page 50187]]

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: July 11, 2023.

    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

------------------------------------------------------------------------
             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).
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.

[[Page 50188]]

 
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. 2023-15031 Filed 7-31-23; 8:45 am]
BILLING CODE 7590-01-P