[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Notices]
[Pages 15722-15727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06396]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-255; NRC-2025-0074]


Holtec Palisades, LLC; Palisades Nuclear Plant; License Amendment 
Request

AGENCY: Nuclear Regulatory Commission.

ACTION: 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, the Commission) 
is considering issuance of an amendment to Renewed Facility Operating 
License (RFOL) No. DPR-20, that was requested by Holtec Palisades, LLC 
for the Palisades Nuclear Plant (Palisades, PNP). The proposed license 
amendment would revise the technical specifications to allow for the 
use of Framatome Alloy 690 sleeves to repair the defective steam 
generator tubes as an alternative to removing the tubes from service by 
plugging. This will support the return to service of the steam 
generators as part of the potential resumption of power operations at 
the Palisades facility. For the amendment request, the NRC proposes to 
determine that it involves no significant hazards consideration (NSHC). 
Because this amendment request contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain 
access to SUNSI for contention preparation.

DATES: Submit comments by May 15, 2025. 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 June 16, 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 is necessary to respond to this notice must 
request document access by April 25, 2025.

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-2025-0074. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; 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

[[Page 15723]]

SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Justin Poole, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2048; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2025-0074 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-2025-0074.
     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 to 
Revise Selected Permanently Defueled Technical Specifications to 
Support Repairing of Steam Generator Tubes by Sleeving is available in 
ADAMS under Accession No. ML25043A348.
     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-2025-0074 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 RFOL No. DPR-20 
for Palisades, located in Van Buren County, Michigan. By letter dated 
February 11, 2025 (ADAMS Accession No. ML25043A348), Holtec Palisades, 
LLC submitted a license amendment request for the Palisades Nuclear 
Plant. The proposed amendment request would revise the technical 
specifications to allow for the use of Framatome Alloy 690 sleeves to 
repair the defective steam generator tubes as an alternative to 
removing the tubes from service by plugging. This will support the 
return to service of the steam generators as part of the potential 
resumption of power operations at the Palisades facility.
    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 no significant hazards consideration. Under 
the NRC's regulations in 10 CFR 50.92, this means that operation of the 
facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
as follows:
    1. Does the proposed amendment involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    The Alloy 690 mechanical tube support plate (TSP) leak-limiting 
repair sleeves are designed using the applicable American Society of 
Mechanical Engineers (ASME) Boiler and Pressure Vessel Code; therefore, 
they meet the design objectives of the original SG tubing. The applied 
stresses and fatigue usage for the repair sleeves are bounded by the 
limits established in the ASME Code. Mechanical testing has shown that 
the structural strength of the repair sleeves under normal, upset, 
emergency, and faulted conditions provides margin to the acceptance 
limits. The acceptance limits bound the most limiting (three times 
normal operating pressure differential) burst margin recommended by 
Regulatory Guide (RG) 1.121, Bases for Plugging Degraded PWR Steam 
Generator Tubes. During the main steam line break (MSLB) leak testing 
performed as part of qualification, very small levels of primary-to-
secondary leakage were measured and therefore no unacceptable levels of 
primary-to-secondary leakage are expected during any plant condition.
    The Alloy 690 repair sleeve depth-based structural limit is 
determined using the RG 1.121 guidance, Nuclear Energy Institute (NEI) 
97-06, Steam Generator Program Guidelines, and the pressure stress 
equation of ASME Code, Section Ill with additional margin added to 
account for configuration of long axial cracks at egg crate tube 
support plates. A bounding detection threshold value has been 
conservatively identified and statistically established to account for 
growth and determine the repair sleeve/tube assembly plugging limit. A 
sleeved tube is plugged upon detection of a degradation found in the 
sleeve/tube assembly.
    Evaluation of the repaired SG tube testing and analysis indicates 
no detrimental effects on the sleeve or sleeved tube assembly from 
reactor system flow, primary or secondary coolant chemistries, thermal 
conditions or transients, or pressure conditions as may be experienced 
at PNP. Corrosion testing and historical performance of sleeve/tube 
assemblies indicates no evidence of sleeve or tube corrosion considered 
detrimental under anticipated service conditions.
    The implementation of the proposed amendment has no significant 
effect on either the configuration of the plant or the way it is 
operated. The consequences of a hypothetical failure of the sleeve/tube 
assembly are bounded by the current SG tube rupture (SGTR) analysis 
described in the PNP UFSAR Revision 35. Due to the slight reduction in 
diameter caused by the sleeve wall thickness, primary coolant release 
rates would be slightly less than assumed for the SGTR analysis and 
therefore, would result in lower total primary fluid mass release to 
the secondary system. A

[[Page 15724]]

MSLB will not cause a SGTR because the sleeves are analyzed for a 
maximum accident differential pressure greater than that predicted in 
the PNP safety analysis. The minimal leakage that could occur during 
plant operation from repair of the sleeve/tube assembly is well within 
the plant leakage limits.
    Therefore, the proposed amendment does not involve a significant 
increase in the probability or consequences of an accident previously 
evaluated.
    2. Does the proposed amendment create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    The Alloy 690 TSP leak-limiting repair sleeves are designed using 
the applicable ASME Code as guidance; therefore, it meets the 
objectives of the original SG tubing. As a result, the functions of the 
SG will not be significantly affected by the installation of the 
proposed sleeves. The proposed repair sleeves do not interact with any 
other plant systems. Any accident because of potential tube or sleeve 
degradation in the repaired portion of the tube is bounded by the 
existing SGTR accident analysis. The continued integrity of the 
installed sleeve/tube assembly is periodically verified by the 
inspection requirements in the proposed power operations technical 
specifications, as amended, and the requirement to plug sleeved tubes 
upon detection of a degradation. Implementation of the proposed 
amendment will have no significant effect on either the configuration 
of the plant, or the way it is operated.
    Therefore, the proposed amendment does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. Does the proposed amendment involve a significant reduction in a 
margin of safety?
    Response: No.
    The repair of degraded SG tubes with Alloy 690 TSP leak-limiting 
repair sleeves restores the structural integrity of the degraded tube 
under normal operating and postulated accident conditions and thereby 
maintains current core cooling margin as opposed to plugging the tube 
and taking it out of service. The design safety factors utilized for 
the repair sleeves are consistent with the safety factors in the ASME 
Code used in the original SG design. The portions of the installed 
sleeve/tube assembly that represent the reactor coolant pressure 
boundary can be monitored for the initiation of sleeve/tube wall 
degradation and the affected tube can be plugged on upon detection of a 
degradation thereby restoring the integrity of the pressure boundary. 
Use of the previously identified design criteria and design 
verification testing assures that the margin to safety is not different 
from the original SG tubes.
    Therefore, the proposed amendment does not involve a significant 
reduction in a margin of safety.
    The NRC staff has reviewed the licensee's analysis and, based on 
this 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 no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. 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 no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period if circumstances change during the 30-day comment period such 
that failure to act in a timely way would result, for example, in 
preventing restart 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 no significant hazards consideration 
determination, any hearing will take place after issuance. The 
Commission expects that the need to take this action will occur very 
infrequently.

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.
    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).
    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.

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

[[Page 15725]]

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.
    For further details with respect to this action, see the 
application for license amendment dated February 11, 2025 (ADAMS 
Accession No. ML25043A348).
    Attorney for licensee: Jason Day, One Holtec Boulevard, Camden, New 
Jersey 08104.
    NRC Branch Chief: Ilka Berrios.

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 opportunity 
for hearing, any potential party who believes access to SUNSI is 
necessary to respond to this notice may request such access. 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 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

[[Page 15726]]

that could be harmed by the action identified in C.(1).
    (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. To avoid delays in processing requests for access to SUNSI, 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 
paragraph C.(3), 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 
the SUNSI requested.
    F. If the NRC staff determines that the requestor has satisfied 
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 \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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    G. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of opportunity for hearing), the petitioner 
may file its SUNSI contentions by that later deadline.
    H. 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 regarding access to SUNSI 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.
    I. 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) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
request submitted to the NRC staff under these procedures.
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    J. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. The 
attachment to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated: April 10, 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
                           in This Proceeding
------------------------------------------------------------------------
           Day                             Event/activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            opportunity for hearing, including order
                            with instructions for access requests.
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI).
                           SUNSI requests should include information:
                            (i) supporting the standing of a potential
                            party identified by name and address and
                            (ii) describing the requestor's 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 requestor/petitioner reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requestor of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (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).

[[Page 15727]]

 
25.......................  If NRC staff finds no ``need'' for SUNSI 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.
A........................  If access granted: issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Agreements or Affidavits. Access provided to
                            SUNSI consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity 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.
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[FR Doc. 2025-06396 Filed 4-14-25; 8:45 am]
BILLING CODE 7590-01-P