[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Pages 2035-2040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00348]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-3103; NRC-2024-0223]
Louisiana Energy Services, LLC, dba Urenco USA; National
Enrichment Facility; License Amendment Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to 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) staff accepted
and docketed an application for the amendment of Special Nuclear
Materials (SNM) License No. SNM-2010, submitted by Louisiana Energy
Services, LLC, dba Urenco USA dated August 29, 2024. The license
amendment request (LAR) would authorize the applicant to modify the
National Enrichment Facility, located in Eunice, New Mexico to increase
the enrichment limit for the on-site recycling and support systems from
5.5 weight percent Uranium 235 (U-235) to less than 10.0 weight percent
U-235 (LEU+), and would remove interim controls that were established
by a prior license amendment for segregation and storage of LEU+-
exposed components removed from production systems. Because this
amendment request contains Sensitive Unclassified Non-Safeguards
Information (SUNSI), an order imposes procedures to obtain access to
SUNSI and Safeguards Information (SGI) for contention preparation.
[[Page 2036]]
DATES: Requests for a hearing or petition for leave to intervene must
be filed by March 11, 2025. Any potential party as defined in section
2.4 of title 10 of the Code of Federal Regulations (10 CFR) who
believes access to SUNSI and/or SGI is necessary to respond to this
notice must request document access by January 21, 2025.
ADDRESSES: Please refer to Docket ID NRC-2024-0223 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0223. 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.
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 license amendment request is
available in ADAMS under Package Accession No. ML24242A196. In
addition, 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: 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.
FOR FURTHER INFORMATION CONTACT: Jonathan Rowley, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-4053; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC has received, by letter dated August 29, 2024, a license
amendment request (LAR) from Louisiana Energy Services, LLC, dba Urenco
USA, to amend License No. SNM-2010 at the National Enrichment Facility,
located five miles east of Eunice, New Mexico. The National Enrichment
Facility is a gas centrifuge uranium enrichment facility authorized to
possess, use, and store SNM, source material, and byproduct material.
With a prior LAR, Urenco USA was granted approval to increase the
enrichment level for production systems from 5.5 weight percent
Uranium-235 (U-235) to less than 10.0 weight percent U-235. That
previous LAR also included interim control measures for the segregation
and storage of LEU+-exposed components removed from the production
systems. This August 29, 2024, LAR would allow Urenco USA to apply the
LEU+ enrichment limit to the on-site recycling and support systems, and
to remove the interim controls established for the segregation and
storage of LEU+-exposed components removed from production systems.
As documented in an administrative completeness review, dated
November 26, 2024, the NRC staff found the application, as
supplemented, acceptable for a technical review. During the technical
review, the NRC staff will review the application, as supplemented, in
areas that include, but are not limited to, radiation safety, chemical
safety, fire safety, security, environmental protection, and material
control/accountability. Prior to reaching a decision on the request to
amend SNM-2010, the NRC staff will need to conduct a review and make a
determination in accordance with the Atomic Energy Act of 1954, as
amended, and the NRC's regulations. The NRC's findings will be
documented in a safety evaluation report.
II. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS.
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Document description ADAMS Accession No.
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Louisiana Energy Services, LLC, dba Urenco USA-- ML24242A197.
License Amendment Request to Raise Enrichment
Limit to the Licensed Limit for LEU+ Recycling
and Support Systems (LAR-24-01), dated August
29, 2024.
Enclosure 1--Louisiana Energy Services, LLC, dba ML24242A198.
Urenco USA--Affidavit, dated August 29, 2024.
Enclosure 2--Louisiana Energy Services, LLC, dba ML24242A199 (non-
Urenco USA--Description of Proposed Changes for public, withheld
Increased Enrichment for On-site Recycling and pursuant to 10 CFR
Support Systems (LAR 24-01). 2.390).
Enclosure 3--Louisiana Energy Services, LLC, dba ML24242A200.
Urenco USA--Mark-up Pages to the Safety
Analysis Report (LAR 24-01).
Enclosure 4--Louisiana Energy Services, LLC, dba ML24242A201 (non-
Urenco USA--Mark-up Pages to the Integrated public, withheld
Safety Analysis Summary (LAR 24-01). pursuant to 10 CFR
2.390).
Enclosure 5--Louisiana Energy Services, LLC, dba ML24242A202 (non-
Urenco USA--Integrated Safety Analysis Summary public, withheld
with changes incorporated (LAR 24-01). pursuant to 10 CFR
2.390).
Enclosure 6--Louisiana Energy Services, LLC, dba ML24242A203.
Urenco USA--Environmental Information.
Acceptance for review of UUSA License Amendment ML24327A210.
Request to Raise Enrichment Limit to the
Licensed Limit for LEU+ Recycling and Support
Systems (LAR-24-01), dated November 26, 2024.
UUSA Request for Less Than 10 Weight Percent ML24318C240 (Package).
Uranium 235.
Enclosure 4--Safety Evaluation Report for UUSA ML24366A122.
Request for Less Than 10 Weight Percent Uranium
235 (Redacted).
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III. 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 this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
[[Page 2037]]
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 by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
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 designated 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 public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. 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 docket 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.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information and 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 information (including Sensitive Unclassified Non-
Safeguards Information (SUNSI) and Safeguards Information (SGI)).
Requirements for access to SGI are primarily set forth in 10 CFR parts
2 and 73. Nothing in this Order is intended to conflict with the SGI
regulations.
B. Within 10 days after publication of this notice of hearing or
opportunity for hearing, any potential party who believes access to
SUNSI or SGI is necessary to respond to this notice may request access
to SUNSI or SGI. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
[[Page 2038]]
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
or SGI submitted later than 10 days after publication will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI, SGI, or both to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemakings and Adjudications Staff, and provide a copy to the Deputy
General Counsel for 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 and/or SGI
under these procedures should be submitted as described in this
paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1);
(3) If the request is for SUNSI, the identity of the individual or
entity requesting access to SUNSI and the requestor's basis for the
need for the information in order to meaningfully participate in this
adjudicatory proceeding. In particular, the request must explain why
publicly available versions of the information requested would not be
sufficient to provide the basis and specificity for a proffered
contention; and
(4) If the request is for SGI, the identity of each individual who
would have access to SGI if the request is granted, including the
identity of any expert, consultant, or assistant who will aid the
requestor in evaluating the SGI. In addition, the request must contain
the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically, why the requestor believes that the information
is necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
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\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
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(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to provide the basis and specificity for a proffered
contention. The technical competence of a potential party or its
counsel may be shown by reliance on a qualified expert, consultant, or
assistant who satisfies these criteria.
(b) A completed Form SF-85, ``Questionnaire for Non-Sensitive
Positions,'' for each individual who would have access to SGI. The
completed Form SF-85 will be used by the Office of Administration to
conduct the background check required for access to SGI, as required by
10 CFR part 2, subpart C, and 10 CFR 73.22(b)(2), to determine the
requestor's trustworthiness and reliability. For security reasons, Form
SF-85 can only be submitted electronically through the National
Background Investigation Services e-App system, a secure website that
is owned and operated by the Defense Counterintelligence and Security
Agency (DCSA). To obtain online access to the form, the requestor
should contact the NRC's Office of Administration at 301-415-3710.\3\
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\3\ The requestor will be asked to provide the requestor's full
name, social security number, date and place of birth, telephone
number, and email address. After providing this information, the
requestor usually should be able to obtain access to the online form
within one business day.
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(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 will be provided in the background check request package
supplied by the Office of Administration for each individual for whom a
background check is being requested. The fingerprint card will be used
to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR
73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as
amended, which mandates that all persons with access to SGI must be
fingerprinted for an FBI identification and criminal history records
check.
(d) A check or money order payable in the amount of $369.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
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\4\ This fee is subject to change pursuant to DCSA's adjustable
billing rates.
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(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of
Administration, Personnel Security Branch, will make a final
determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of
their exemption status prior to submitting their request. Persons who
are exempt from the background check are not required to complete the
SF-85 or Form FD-258; however, all other requirements for access to
SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(4)(b), (c), and (d) of this Order must be sent to the following
address: U.S. Nuclear Regulatory Commission, Office of
Administration, ATTN: Personnel Security Branch, Mail Stop: TWFN-
07D04M, 11555 Rockville Pike, Rockville, MD 20852.
These documents and materials should not be included with the
request letter to the Office of the Secretary, but the request letter
should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraphs C.(3) or C.(4), as applicable, the NRC staff will determine
within 10 days of receipt of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI or need to know the SGI requested.
[[Page 2039]]
F. For requests for access to SUNSI, if the NRC staff determines
that the requestor satisfies both E.(1) and E.(2), the NRC staff will
notify the requestor in writing that access to SUNSI has been granted.
The written notification will contain instructions on how the requestor
may obtain copies of the requested documents, and any other conditions
that may apply to access to those documents. These conditions may
include, but are not limited to, the signing of a Non-Disclosure
Agreement or Affidavit, or Protective Order setting forth terms and
conditions to prevent the unauthorized or inadvertent disclosure of
SUNSI by each individual who will be granted access to SUNSI.\5\
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\5\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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G. For requests for access to SGI, if the NRC staff determines that
the requestor has satisfied both E.(1) and E.(2), the Office of
Administration will then determine, based upon completion of the
background check, whether the proposed recipient is trustworthy and
reliable, as required for access to SGI by 10 CFR 73.22(b). If the
Office of Administration determines that the individual or individuals
are trustworthy and reliable, the NRC will promptly notify the
requestor in writing. The notification will provide the names of
approved individuals as well as the conditions under which the SGI will
be provided. Those conditions may include, but are not limited to, the
signing of a Non-Disclosure Agreement or Affidavit, or Protective Order
\6\ by each individual who will be granted access to SGI.
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\6\ Any motion for Protective Order or draft Non- Disclosure
Agreement or Affidavit for SGI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 180 days of the deadline for the
receipt of the written access request.
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H. Release and Storage of SGI. Prior to providing SGI to the
requestor, the NRC staff will conduct (as necessary) an inspection to
confirm that the recipient's information protection system is
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively,
recipients may opt to view SGI at an approved SGI storage location
rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI or SGI must be filed by the requestor no later than 25 days
after receipt of (or access to) that information. However, if more than
25 days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI or SGI contentions by that later
deadline.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff either after a determination on standing and requisite need, or
after a determination on trustworthiness and reliability, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) Before the Office of Administration makes a final adverse
determination regarding the trustworthiness and reliability of the
proposed recipient(s) for access to SGI, the Office of Administration,
in accordance with 10 CFR 2.336(f)(1)(iii), must provide the proposed
recipient(s) any records that were considered in the trustworthiness
and reliability determination, including those required to be provided
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an
opportunity to correct or explain the record.
(3) The requestor may challenge the NRC staff's adverse
determination with respect to access to SUNSI or with respect to
standing or need to know for SGI by filing a challenge within 5 days of
receipt of that determination with: (a) the presiding officer
designated in this proceeding; (b) if no presiding officer has been
appointed, the Chief Administrative Judge, or if 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.
(4) The requestor may challenge the Office of Administration's
final adverse determination with respect to trustworthiness and
reliability for access to SGI by filing a request for review in
accordance with 10 CFR 2.336(f)(1)(iv).
(5) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
K. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if 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.\7\
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\7\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012, 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/SGI request submitted to the NRC staff under these
procedures.
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L. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI or SGI, and motions for protective orders, in a
timely fashion in order to minimize any unnecessary delays in
identifying those petitioners who have standing and who have propounded
contentions meeting the specificity and basis requirements in 10 CFR
part 2. The attachment to this Order summarizes the general target
schedule for processing and resolving requests under these procedures.
It is so ordered.
Dated: January 6, 2025.
For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information in This Proceeding
[[Page 2040]]
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Day Event/activity
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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)
and/or Safeguards Information (SGI)
with information: (i) supporting
the standing of a potential party
identified by name and address;
(ii) describing the need for the
information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding; (iii) demonstrating
that access should be granted
(e.g., showing technical competence
for access to SGI); and, for SGI,
including application fee for
fingerprint/background check
60................................ Deadline for submitting petition for
intervention containing: (i)
demonstration of standing; and (ii)
all contentions whose formulation
does not require access to SUNSI
and/or SGI (+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 (1) need for SUNSI or (2)
need to know for SGI. (For SUNSI,
NRC staff also informs any party to
the proceeding whose interest
independent of the proceeding would
be harmed by the release of the
information.) If NRC staff makes
the finding of need for SUNSI and
likelihood of standing, NRC staff
begins document processing
(preparation of redactions or
review of redacted documents). If
NRC staff makes the finding of need
to know for SGI and likelihood of
standing, NRC staff begins
background check (including
fingerprinting for a criminal
history records check), information
processing (preparation of
redactions or review of redacted
documents), and readiness
inspections.
25................................ If NRC staff finds no ``need,'' no
``need to know,'' or no likelihood
of standing, the deadline for
requestor/petitioner to file a
motion seeking a ruling to reverse
the NRC staff's denial of access;
NRC staff files copy of access
determination with the presiding
officer (or Chief Administrative
Judge or other designated officer,
as appropriate). If NRC staff finds
``need'' for SUNSI, the deadline
for any party to the proceeding
whose interest independent of the
proceeding would be harmed by the
release of the information to file
a motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................ Deadline for NRC staff reply to
motions to reverse NRC staff
determination(s).
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.
190............................... (Receipt +180) If NRC staff finds
standing, need to know for SGI, and
trustworthiness and reliability,
deadline for NRC staff to file
motion for Protective Order and
draft Non-Disclosure Agreement or
Affidavit (or to make a
determination that the proposed
recipient of SGI is not trustworthy
or reliable). Note: Before the
Office of Administration makes a
final adverse determination
regarding access to SGI, the
proposed recipient must be provided
an opportunity to correct or
explain information.
205............................... Deadline for petitioner to seek
reversal of a final adverse NRC
staff trustworthiness or
reliability determination under 10
CFR 2.336(f)(1)(iv).
A................................. If access granted: Issuance of a
decision by a presiding officer or
other designated officer on motion
for protective order for access to
sensitive information (including
schedule for providing access and
submission of contentions) or
decision reversing a final adverse
determination by the NRC staff.
A + 3............................. Deadline for filing executed Non-
Disclosure Agreements or
Affidavits. Access provided to
SUNSI and/or SGI consistent with
decision issuing the protective
order.
A + 28............................ Deadline for submission of
contentions whose development
depends upon access to SUNSI and/or
SGI. However, if more than 25 days
remain between the petitioner's
receipt of (or access to) the
information and the deadline for
filing all other contentions (as
established in the notice of
opportunity to request a hearing
and petition for leave to
intervene), the petitioner may file
its SUNSI or SGI contentions by
that later deadline.
A + 53............................ (Contention receipt +25) Answers to
contentions whose development
depends upon access to SUNSI and/or
SGI.
A + 60............................ (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60........................... Decision on contention admission.
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[FR Doc. 2025-00348 Filed 1-8-25; 8:45 am]
BILLING CODE 7590-01-P