[Federal Register Volume 91, Number 44 (Friday, March 6, 2026)]
[Notices]
[Pages 11092-11101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-04474]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-7033; CLI-26-3]
Global Laser Enrichment, LLC; (Paducah Laser Enrichment
Facility); Notice of Receipt of Application for License; Notice of
Consideration of Issuance of License; Notice of Hearing and Commission
Order; Opportunity To Request a [Contested] Hearing; and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information and Safeguards Information for Contention Preparation
Commissioners: Ho. K. Nieh, Chairman; David A. Wright; Bradley R.
Crowell; Matthew J. Marzano; Douglas W. Weaver.
(i) Receipt of Application and Availability of Documents
The U.S. Nuclear Regulatory Commission (NRC) has received an
application from Global Laser Enrichment, LLC (GLE) for a license to
possess and use special nuclear material for the purpose of
constructing and operating a uranium enrichment facility in McCracken
County, Kentucky.\1\ GLE is a Delaware limited liability company that
is indirectly owned, through subsidiaries, by parent companies Silex
Systems Limited, an Australian company with a 51 percent ownership
interest in GLE, and Cameco Corporation, a Canadian corporation with a
49 percent ownership interest in GLE. The requested license would
authorize GLE to possess equipment capable of enriching uranium, to
construct and operate a uranium enrichment facility, and to receive
title to, own, acquire, receive, possess, use, transfer, and/or deliver
source material, special nuclear material, and byproduct material as
specified in the license for a facility that uses laser-based isotope
separation technology to enrich uranium. The facility would be known as
the Paducah Laser Enrichment Facility (PLEF) and would be located
adjacent to the former Paducah Gaseous Diffusion Plant.\2\ The
requested license would authorize the PLEF to re-enrich depleted
uranium hexafluoride (UF6) tails and enrich natural-grade
UF6 to a maximum of 8-weight percent uranium-235.
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\1\ Letter from Tim Knowles, Global Laser Enrichment, LLC, to
NRC Document Control Desk (June 27, 2025) (ML25179A001).
\2\ Id. at 1.
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In July 2024, GLE requested that the NRC staff grant an exemption
from timing requirements set forth in 10 CFR 51.60(a) to allow
submittal of its environmental report in advance of the remainder of
its application.\3\ The NRC staff granted GLE's requested exemption.\4\
Later that year, GLE submitted an initial version of its environmental
report and thereafter submitted supplements to its environmental
report.\5\ On June 27, 2025, GLE submitted its safety and safeguards
analysis report, which it later supplemented by a revised affidavit.\6\
GLE requested an exemption from the requirements of 10 CFR 70.22(m),
which requires that certain license applications submitted under Part
70 include a description of the applicant's security program to protect
classified matter and equipment.\7\ The NRC staff granted GLE a
temporary exemption from the requirements of 10 CFR 70.22(m), allowing
GLE until March 1, 2026, to submit the portions of the application
required by section 70.22(m).\8\ On August 4, 2025, the NRC staff
informed GLE of its determination that ``the application provides
sufficient information to proceed with a detailed technical review''
and formally accepted the application for review.\9\
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\3\ Letter from Tim Knowles, Global Laser Enrichment, LLC, to
NRC Document Control Desk (July 2, 2024) (ML24193A060).
\4\ Letter from Samantha Lav, U.S. Nuclear Regulatory
Commission, to Tim Knowles, Global Laser Enrichment, LLC (Aug. 19,
2024) (ML24184B971), Encl., ``The Safety Evaluation Report for the
Global Laser Enrichment Exemption to Bifurcate Submittal of the
Environmental and Safety and Safeguards Portion of the License
Application for the Paduch Laser Enrichment Facility,'' (undated)
(ML24184B972).
\5\ Letter from Tim Knowles, Global Laser Enrichment, LLC, to
NRC Document Control Desk (Dec. 30, 2024) (ML24365A110), Encl. 1,
``Environmental Report for the Paducah Laser Enrichment Facility,''
(Dec. 31, 2024) (ML24365A111); Letter from Tim Knowles, Global Laser
Enrichment, LLC, to NRC Document Control Desk (Apr. 7, 2025)
(ML25097A172 (package)); Letter from Tim Knowles, Global Laser
Enrichment, LLC, to NRC Document Control Desk (June 13, 2025)
(ML25164A077 (package)).
\6\ Letter from Tim Knowles, Global Laser Enrichment, LLC, to
NRC Document Control Desk (June 27, 2025) (ML25179A000 (package));
Letter from Tim Knowles, Global Laser Enrichment, LLC, to NRC
Document Control Desk (July 14, 2025) (ML25195A093).
\7\ Letter from Tim Knowles, Global Laser Enrichment, LLC, to
NRC Document Control Desk (June 26, 2025) (ML25177D049).
\8\ Letter from Samantha Lav, U.S. Nuclear Regulatory
Commission, to Tim Knowles, Global Laser Enrichment, LLC (July 23,
2025) (ML25182A184 (package)).
\9\ Letter from Samantha Lav, U.S. Nuclear Regulatory
Commission, to Timothy Knowles, Global Laser Enrichment, LLC (Aug.
4, 2025), at 1 (ML25202A201).
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The NRC staff will perform a detailed technical review of the
application and prepare a safety evaluation report (SER) that addresses
the findings required by the Atomic Energy Act of 1954, as amended
(AEA), and the NRC's regulations concerning the public health and
safety and common defense and security. Additionally, in accordance
with section 193 of the AEA, the National Environmental Policy Act of
1969 (NEPA), and the NRC's regulations in 10 CFR part 51, the NRC staff
will prepare an environmental impact statement (EIS) before the hearing
on the issuance of the license is completed.\10\
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\10\ See Global Laser Enrichment, LLC; Paducah Laser Enrichment
Facility; Notice of Intent to Conduct Scoping Process and Prepare
Environmental Impact Statement, 90 FR 42988 (Sept. 5, 2025).
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Interested persons may obtain publicly available documents relating
to this application online in the Agencywide Documents Access and
Management System (ADAMS) Public Documents collection at https://www.nrc.gov/reading-rm/adams.html.
[[Page 11093]]
Interested persons may also examine and order copies of publicly
available documents at the NRC's Public Document Room (PDR), which 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. When available, the NRC staff's SER
and EIS, except for portions subject to withholding from public
inspection in accordance with 10 CFR 2.390, will also be placed in the
PDR and in ADAMS. Copies of correspondence between the NRC and GLE and
transcripts of prehearing conferences and hearings, except for portions
subject to withholding from public inspection in accordance with 10 CFR
2.390, similarly will be made available to the public.
II. Notice of Mandatory Hearing
A. Pursuant to 10 CFR 70.23a and Section 193 of the AEA, as amended
(42 U.S.C. 2243), an uncontested mandatory hearing will be conducted
following completion of the NRC staff's safety evaluation and
environmental review of the license application. The NRC staff
currently anticipates completing the SER in January 2027 and finalizing
the EIS in September 2026.\11\ This hearing will be held under the
authority of sections 53, 63, 189, 191, and 193 of the AEA. The
applicant and the NRC staff are parties to the hearing. This mandatory
hearing is distinct from the contested hearing opportunity discussed
below in Section III, ``Opportunity to Request a Hearing and Petition
for Leave to Intervene.''
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\11\ See id. at 2.
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B. The mandatory hearing will be conducted by an Atomic Safety and
Licensing Board (Licensing Board), designated by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel,
under 10 CFR part 2, subparts A, C, G, and, to the extent that
classified information becomes involved, Subpart I, subject to the
following exceptions and supplemental procedures:
1. Unless a party requests an oral evidentiary hearing, all
evidence will be presented in written form only;
2. Neither party will be required to file proposed findings of fact
and conclusions of law, although the parties will have the option to do
so;
3. The NRC staff shall file initial written testimony on the docket
for the proceeding within seven days after the NRC staff has issued
both the final safety evaluation and final NEPA document.
4. The NRC staff's initial written testimony should, at a minimum:
a. Address each of the findings necessary for issuance of the
license and provide an adequate basis for the Licensing Board to
conclude whether each of these findings can be made. The testimony
should not recap all matters in the safety or environmental review
process, particularly routine aspects of the review where there was no
actual complication or controversy. Rather, the testimony should be
focused on non-routine matters. In focusing on non-routine matters, the
areas of particular importance in supporting the safety and
environmental findings include any unique features of the facility or
novel issues that arose as part of the review process.
b. Include other aspects of the staff's review that are important
for the Licensing Board to make its initial decision but are not
necessarily tied to specific findings. For instance, if any exemption
requests or rulemakings, including revisions to guidance documents
(e.g., regulatory guides or standard review plans), are ongoing, the
staff's testimony should include a brief summary of any issues that may
be relevant to the Licensing Board's decision.
c. Reference the following documents and include them as enclosures
to be entered into the record of the mandatory hearing as exhibits:
i. The license application and all supplements;
ii. The Final Safety Evaluation Report and all supplements;
iii. The Final Environmental Impact Statement and all supplements;
and
iv. The proposed license or permit.
5. Following receipt of the NRC staff's initial written testimony,
the Licensing Board shall hold a prehearing conference that includes
representatives of the NRC staff and the applicant to address the
scheduling of subsequent mandatory hearing activities and any other
administrative matters, including establishing timeframes for:
a. the Licensing Board to pose written questions, if any, to the
parties,
b. the parties to provide written responses to any such questions,
c. the applicant to file any separate written testimony of its own,
should the applicant choose to do so,
d. a party to request that the Licensing Board hold an oral
evidentiary hearing,
e. the parties to file proposed findings of fact and conclusions of
law, if the parties choose to do so, and
f. the parties, if they decide not to file proposed findings of
fact and conclusions of law, to notify the Board of that decision.
6. The resulting schedule of hearing activities will be publicly
available in an Initial Scheduling Order issued by the Board and
located in the Electronic Hearing Docket.
7. Interested States, local governmental bodies, and Federally-
recognized Indian Tribes may file written statements within fourteen
days after the NRC staff files its initial written testimony.
a. Subject to the exception discussed in Subpart II.B.7.e, these
written statements may address any issues or questions that the State,
local governmental body, or Federally-recognized Indian Tribe wishes
the Licensing Board to give particular attention to as part of the
mandatory hearing process.
b. The statements may be accompanied by supporting documentation.
c. Any statements and supporting documentation, if received by the
NRC using the agency's E-Filing system by the deadline indicated above,
will be made part of the record of the proceeding.
d. The Licensing Board will use such statements and documents as
appropriate to inform its written questions to the NRC staff and the
applicant and its decision following the hearing.
e. States, local governmental bodies, and Federally-recognized
Indian Tribes should be aware that this mandatory hearing is separate
and distinct from the NRC's contested hearing process. Issues within
the scope of contentions that have been admitted in a contested
proceeding for the application are outside the scope of the mandatory
hearing. In addition, while States, local governmental bodies, and
Federally-recognized Indian Tribes participating as described above may
take any position they wish, or no position at all, with respect to
issues regarding the application or the NRC staff's associated
environmental review that do fall within the scope of the mandatory
hearing (i.e., issues that are not within the scope of admitted
contentions), they should be aware that many of the procedures and
rights applicable to the NRC's contested hearing process, due to the
inherently adversarial nature of such proceedings, are not available
with respect to this mandatory hearing. Participation in the NRC's
contested hearing process is governed by 10 CFR 2.309 (for persons or
entities, including States, local governmental bodies, and Federally-
recognized Indian Tribes, seeking to file contentions of their own)
[[Page 11094]]
and 10 CFR 2.315(c) (for interested States, local government bodies,
and Federally-recognized Indian Tribes seeking to participate with
respect to contentions filed by others).
f. Participation in this mandatory hearing does not affect a
State's, local governmental body's, or Federally-recognized Indian
Tribe's right to participate in the separate contested hearing process.
Similarly, if an interested State's, local governmental body's, or
Federally-recognized Indian Tribe's request to participate in a
contested hearing under 10 CFR 2.315(c) is denied or dismissed, that
denial or dismissal does not affect the State's, local governmental
body's, or Federally-recognized Indian Tribe's opportunity to
participate in the mandatory hearing by filing written statements as
described above.
C. The matters of fact and law to be considered are whether the
application satisfies the standards set forth in this Notice and
Commission Order and the applicable standards in 10 CFR parts 30, 40,
and 70, and whether the requirements of NEPA and the NRC's implementing
regulations in 10 CFR part 51 have been met.
D. The Licensing Board will determine the following without
conducting a de novo evaluation of the application: (1) whether the
application and record of the proceeding contain sufficient information
to support license issuance and whether the NRC staff's review of the
application has been adequate to support findings to be made by the
Director of the Office of Nuclear Materials Safety and Safeguards with
respect to the matters set forth in paragraph C of this section; and
(2) whether the review conducted by the NRC staff pursuant to 10 CFR
part 51 has been adequate.
E. In the initial decision for the mandatory hearing the Licensing
Board will, in accordance with Subpart A of 10 CFR part 51: determine
whether the requirements of sections 102(2)(A), (C), and (E) of NEPA
and Subpart A of 10 CFR part 51 have been complied with in the
proceeding; independently consider the final balance among conflicting
factors contained in the record of the proceeding with a view to
determining the appropriate action to be taken; and determine, after
weighing the environmental, economic, technical, and other benefits
against the environmental and other costs, and considering reasonable
alternatives, whether a license should be issued, denied, or
appropriately conditioned to protect environmental values.
F. If there is no contested portion of this licensing proceeding,
the Board shall issue its initial decision in the mandatory hearing
within three months after the date on which the staff filed its initial
written testimony. If there is a contested portion of this licensing
proceeding, the Board shall issue its initial decision within three
months after the date on which the staff filed its initial written
testimony in the mandatory hearing, or within one month after the
completion of the contested portion of the proceeding, whichever is
later.
G. Pursuant to 10 CFR part 2, subparts C and G, a contested hearing
shall be conducted by a Licensing Board appointed by the Chief
Administrative Judge of the Atomic Safety and Licensing Board Panel.
Notice as to the membership of the Licensing Board will be published in
the Federal Register at a later date.
H. If the proceeding becomes a contested proceeding, the Licensing
Board shall make findings of fact and conclusions of law on admitted
contentions. With respect to matters set forth in paragraph C of this
section, but not covered by admitted contentions, the Licensing Board
will make the determinations set forth in paragraph D without
conducting a de novo evaluation of the application.
I. Regardless of whether the proceeding is contested or
uncontested, the Licensing Board will, in the initial decision, in
accordance with Subpart A of 10 CFR part 51: determine whether the
requirements of sections 102(2)(A), (C), and (E) of NEPA and Subpart A
of 10 CFR part 51 have been complied with in the proceeding;
independently consider the final balance among conflicting factors
contained in the record of the proceeding with a view to determining
the appropriate action to be taken; and determine, after weighing the
environmental, economic, technical, and other benefits against the
environmental and other costs, and considering reasonable alternatives,
whether a license should be issued, denied, or appropriately
conditioned to protect environmental values.
I. 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 60-day 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 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 the NRC's public website at
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
II. 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)
[[Page 11095]]
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, excluding government holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as described above, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or 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.
III. Commission Guidance
a. Licensing Board Determination of Contentions
The Licensing Board shall issue a decision on the admissibility of
contentions no later than [150 days from the date of publication of
this Federal Register notice].
b. Novel Legal Issues
If rulings on petitions, contention admissibility, or admitted
contentions, raise novel legal or policy questions, the Commission will
provide early guidance and direction on the treatment and resolution of
such issues. Accordingly, the Commission directs the Licensing Board to
promptly certify to the Commission in accordance with 10 CFR 2.319(l)
and 2.323(f) all novel legal or policy issues that would benefit from
early Commission consideration should such issues arise in this
proceeding.
c. Discovery Management
(1) All parties, except the NRC staff, shall make the mandatory
disclosures required by 10 CFR 2.704(a) and (b) within 45 days of the
issuance of the Licensing Board order admitting contentions.
(2) The Licensing Board, consistent with fairness to all parties,
should narrow the issues requiring discovery and limit discovery to no
more than one round for admitted contentions.
(3) All discovery against the NRC staff shall be governed by 10 CFR
2.336(b) and 2.709. The NRC staff shall comply with 10 CFR 2.336(b) no
later than 30 days after the Licensing Board order admitting
contentions and shall update the information at the same time as the
issuance of the SER or the Final Environmental Impact Statement (FEIS),
and, subsequent to the publication of the SER and FEIS, as otherwise
required by the Commission's regulations. Discovery under 10 CFR 2.709
shall not commence until the issuance of the particular document, i.e.,
SER or EIS, unless the Licensing Board, in its discretion, finds that
commencing discovery against the NRC staff on safety issues before the
SER is issued, or on environmental issues before the FEIS is issued
will expedite the hearing without adversely affecting the staff's
ability to complete its evaluation in a timely manner.
(4) No later than 30 days before the commencement of the hearing at
which an issue is to be presented, all parties other than the NRC staff
shall make the pretrial disclosures required by 10 CFR 2.704(c).
d. Hearing Schedule
In the interest of providing a fair hearing, avoiding unnecessary
delays in NRC's review and hearing process, and producing an informed
adjudicatory record that supports the licensing determination to be
made in this proceeding, the Commission expects that both the Licensing
Board and NRC staff, as well as the applicant and other parties to this
proceeding, will follow the applicable requirements contained in 10 CFR
part 2 and guidance in the Commission's Statement of Policy on Conduct
of Adjudicatory Proceedings, CLI-98-12, 48 NRC 18 (1998) (63 Fed. Reg.
41872 (August 5, 1998)) to the extent that such guidance is not
inconsistent with specific guidance in this Order. The guidance in the
Statement of Policy on Conduct of Adjudicatory Proceedings is intended
to
[[Page 11096]]
improve the management and the timely completion of the proceeding and
addresses hearing schedules, parties' obligations, contentions and
discovery management. In addition, the Commission is providing the
following direction for this proceeding:
(1) The Commission directs the Licensing Board to set a schedule
for the hearing in this proceeding consistent with this Order that
provides for the issuance of a final Commission decision on the pending
application within two-and-one-half years (30 months) from the date the
staff formally accepted the application for review. Accordingly, the
Licensing Board shall issue its decision on either the contested or
mandatory hearing, or both, held in this matter no later than 28\1/2\
months (855 days) from the date the staff formally accepted the
application for review. Formal discovery against the staff shall be
suspended until after the staff completes its final SER and EIS in
accordance with the direction provided in paragraph c.3) above.
(2) The evidentiary hearing with respect to contested issues shall
commence promptly after completion of the final staff documents (SER or
EIS) unless the Licensing Board, in its discretion, finds that starting
the hearing with respect to one or more safety issues prior to issuance
of the final SER \12\ (or one or more environmental contentions
directed to the applicant's Environmental Report) will expedite the
proceeding without adversely impacting the staff's ability to complete
its evaluations in a timely manner.
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\12\ The Commission believes that, in the appropriate
circumstances, allowing discovery or an evidentiary hearing with
respect to safety-related issues to proceed before the final SER is
issued will serve to further the Commission's objective, as
reflected in the Statement of Policy on Conduct of Adjudicatory
Proceedings, CLI-98-12, supra, to ensure a fair, prompt, and
efficient resolution of contested issues. For example, it may be
appropriate for the Board to permit discovery against the staff and/
or the commencement of an evidentiary hearing with respect to safety
issues prior to the issuance of the final SER in cases where the
applicant has responded to the Staff's ``open items'' and there is
an appreciable lag time until the issuance of the final SER, or in
cases where the initial SER identifies only a few open items.
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(3) The Commission also believes that issuing a decision on the
pending application within about two-and-one-half years may be
reasonably achieved under the rules of practice contained in 10 CFR
part 2 and the enhancements directed by this Order. We do not expect
the Licensing Board to sacrifice fairness and sound decision-making to
expedite any hearing granted on this application. We do expect the
Licensing Board to use the applicable techniques specified in: this
Order; 10 CFR 2.332, 2.333, and 2.334; and the Commission's policy
statement on the conduct of adjudicatory proceedings (CLI-98-12, supra)
to ensure prompt and efficient resolution of contested issues. See also
Statement of Policy on Conduct of Licensing Proceedings, CLI-81-8, 13
NRC 452 (1981).
(4) If this is a contested proceeding, the Licensing Board shall
adopt the following milestones, in developing a schedule, for
conclusion of significant steps in the adjudicatory proceeding.\13\
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\13\ This schedule assumes that the SER and FEIS are issued
essentially at the same time. If these documents are not to be
issued very close in time, the Board should adopt separate schedules
but concurrently running for the safety and environmental reviews
consistent with the timeframes herein for each document.
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Within [60 days from the date of Deadline for Requests for
publication of this Federal Register Hearing; Petitions to
notice]. Intervene and Contentions; and
Requests for Limited
Participation.
Within [90 days from the date of Answers to Requests for
publication of this Federal Register Hearing; Petitions to
Notice]. Intervene and Request for
Limited Participation.
Within [100 days from the date of Replies to Answers regarding
publication of this Federal Register Requests for Hearing;
Notice]. Petitions to Intervene and
Request for Limited
Participation.
Within [120 days from the date of Licensing Board holds Pre-
publication of this Federal Register hearing Conference to hear
notice]. arguments on petitions to
intervene and contention
admissibility.
Within 30 days of pre-hearing Licensing Board issues order
conference. determining intervention.
Discovery commences, except
against the staff.
Within 10 days of the Licensing Board Persons admitted or entities
order determining intervention. participating under 10 CFR
2.315(c) may submit a motion
for reconsideration (see
below, at Section VI.B).*
Within 20 days of the Licensing Board Persons admitted or entities
order determining intervention. participating under 10 CFR
2.315(c) may respond to any
motion for reconsideration.
Within 30 days of the Licensing Board Staff prepares hearing file.
decision determining intervention.
Date of issuance of final SER/EIS...... Staff updates hearing file.
Discovery commences against the
Staff.
Within 20 days of the issuance of the Motions to amend contentions;
final SER/EIS. motions for late-filed
contentions.
Within 40 days of the issuance of final Completion of answers and
SER/EIS:. replies to motions for amended
and late-filed contentions.
Completion of discovery on
original contentions.
Deadline for summary
disposition motions on
original contentions.**
Within 50 days of the issuance of the Licensing Board decision on
final SER/EIS. admissibility of late-filed
contentions.**
Within 55 days of the issuance of the Licensing Board determination
final SER/EIS. as to whether resolution of
any motion for summary
disposition will serve to
expedite the proceedings.
Within 65 days of the issuance of the Answers to motions for summary
final SER/EIS. disposition identified by
Licensing Board.
Within 75 days of the issuance of the Replies to answers to motions
final SER/EIS. for summary disposition.
Within 80 days of the issuance of final Completion of discovery on late-
SER/EIS. filed contentions.
Within 105 days of the issuance of the Licensing Board decision on
final SER/EIS. summary disposition motions on
original contentions.
Within 115 days of the issuance of Direct testimony filed on
final SER/EIS. original contentions and any
amended or admitted late-filed
contentions.
Within 125 days of the issuance of Cross-examination plans filed
final SER/EIS. on original contentions and
any amended or admitted late-
filed contentions.
Within 135 days of the issuance of Evidentiary hearing begins on
final SER/EIS. original contentions and any
amended or admitted late-filed
contentions.
Within 160 days of the issuance of Completion of evidentiary
final SER/EIS. hearing on remaining
contentions and any amended or
admitted late-filed
contentions.
Within 205 days of the issuance of Completion of findings and
final SER/EIS. replies.
Within 245 days of the issuance of Licensing Board's initial
final SER/EIS. decision.***
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* Motions for reconsideration do not stay this schedule.
** No summary disposition motions on late-filed contentions are
contemplated.
*** The Licensing Board's initial decision with respect to either a
contested adjudicatory hearing or an uncontested, mandatory hearing
shall be issued no later than 28\1/2\ months from the date the staff
formally accepted the application for review.
[[Page 11097]]
To avoid unnecessary delays in the proceeding, the Licensing Board
shall not routinely grant requests for extensions of time and should
manage the schedule such that the overall hearing process is completed
within 28\1/2\ months. Although summary disposition motions are
included in the schedule above, the Licensing Board shall not entertain
motions for summary disposition under 10 CFR 2.710, unless the
Licensing Board finds that such motions, if granted, are likely to
expedite the proceeding. Unless otherwise justified, the Licensing
Board shall provide for the simultaneous filing of answers to proposed
contentions, responsive pleadings, proposed findings of fact, and other
similar submittals.
(5) Parties are obligated to comply with applicable requirements in
10 CFR part 2, unless directed otherwise by this Order or the Licensing
Board. They are also obligated in their filings before the Licensing
Board and the Commission to ensure that their arguments and assertions
are supported by appropriate and accurate references to legal authority
and factual basis, including, as appropriate, citation to the record.
Failure to do so may result in material being stricken from the record
or, in extreme circumstances, a party being dismissed from the
proceeding.
(6) The Commission directs the Licensing Board to inform the
Commission promptly, in writing, if the Licensing Board determines that
any single milestone could be missed by more than 30 days. The
Licensing Board must include an explanation of why the milestone cannot
be met and the measures the Licensing Board will take to mitigate the
failure to achieve the milestone and restore the proceeding to the
overall schedule.
e. Commission Oversight
As in any proceeding, the Commission retains its inherent
supervisory authority over the proceeding to provide additional
guidance to the Licensing Board and participants and to resolve any
matter in controversy itself.
IV. Applicable Requirements
A. Licensing
The Commission will license and regulate byproduct, source, and
special nuclear material at the PLEF in accordance with the AEA.
Section 274c.(1) of the AEA was amended by Public Law 102-486 (October
24, 1992) to require the Commission to retain authority and
responsibility for the regulation of uranium enrichment facilities.
Therefore, in compliance with law, the Commission will be the sole
licensing and regulatory authority with respect to possession of
equipment capable of enriching uranium, operation of a uranium
enrichment facility, and possession and use of byproduct, source, and
special nuclear material for the PLEF in connection therewith.
Many rules and regulations in 10 CFR Chapter I are applicable to
the licensing of a person to receive, possess, use, transfer, deliver,
or process byproduct, source or special nuclear material in the
quantities that would be possessed at the PLEF. These include 10 CFR
parts 19, 20, 21, 25, 30, 40, 51, 70, 71, 73, 74, 95, 140, 170, and 171
for the licensing and regulation of byproduct, source, and special
nuclear material, including requirements for notices to workers,
reporting of defects, radiation protection, waste disposal,
decommissioning funding, and insurance. With respect to these
regulations, the Commission notes that this is the sixth proceeding
involving the licensing of an enrichment facility.\14\
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\14\ The Commission issued a number of decisions in earlier
proceedings regarding proposed sites in Homer, Louisiana (Claiborne
Enrichment Center); Eunice, New Mexico (National Enrichment
Facility); Piketon, Ohio (American Centrifuge Plant); Bonneville
County, Idaho (Eagle Rock Enrichment Facility); and Wilmington,
North Carolina (GLE Commercial Facility). These final decisions--
Louisiana Energy Services, L.P. (Claiborne Enrichment Center), CLI-
92-7, 35 NRC 93 (1992); Louisiana Energy Services, L.P. (Claiborne
Enrichment Center), CLI-97-15, 46 NRC 294 (1997); Louisiana Energy
Services, L.P. (Claiborne Enrichment Center), CLI-98-3, 47 NRC 77
(1998); Louisiana Energy Services, L.P. (National Enrichment
Facility), CLI-05-05, 61 NRC 22(2005); Louisiana Energy Services,
L.P. (National Enrichment Facility), et. al., CLI-05-17, 62 NRC 5
(2005); USEC, Inc. (American Centrifuge Plant), CLI-07-05, 65 NRC
109 (2007); AREVA Enrichment Services, LLC (Eagle Rock Enrichment
Facility), CLI-11-4, 74 NRC 1 (2011)--resolve a number of issues
concerning uranium enrichment licensing and may be relied upon as
precedent.
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Consistent with the AEA, and the Commission's regulations, the
Commission is providing the following direction for licensing uranium
enrichment facilities:
1. Environmental Issues
a. General: 10 CFR part 51 governs the preparation of an
environmental report and an EIS for a materials license. GLE's
environmental report and the NRC staff's associated EIS shall include a
statement on the alternatives to the proposed action, including a
discussion of the no-action alternative.
b. Treatment of depleted UF6 tails: As to the treatment
of the disposition of depleted UF6 tails (depleted tails) in
these environmental documents, unless GLE demonstrates a use for
uranium in the depleted tails as a potential resource, the depleted
tails will be considered waste. The Commission has previously concluded
that depleted uranium from an enrichment facility is appropriately
classified as low-level radioactive waste.\15\ An approach for
disposition of tails that is consistent with the USEC Privatization
Act, such as transfer to the Department of Energy (DOE) for disposal,
constitutes a ``plausible strategy'' for disposition of the GLE
depleted tails.\16\ The NRC staff may consider DOE's Final Programmatic
Environmental Impact Statement for Alternative Strategies for the Long-
Term Management and Use of Depleted Uranium Hexafluoride in preparing
the staff's EIS.\17\ GLE and the Staff shall address alternatives for
the disposition of depleted uranium tails in these documents. As part
of the licensing process, GLE must also address the health, safety, and
security issues associated with the onsite storage of depleted uranium
tails pending removal of the tails from the site for disposal or DOE
disposition.
---------------------------------------------------------------------------
\15\ See Louisiana Energy Services, CLI-05-05, 61 NRC at 36.
\16\ Id.
\17\ See Department of Energy, Final Programmatic Environmental
Impact Statement for Alternative Strategies for the Long-Term
Management and Use of Depleted Uranium Hexafluoride (DOE/EIS-0269),
64 FR 43358 (Aug. 10, 1999).
---------------------------------------------------------------------------
2. Financial Qualifications
Review of financial qualifications for enrichment facility license
applications is governed by 10 CFR part 70. In CLI-97-15, the
Commission held that the 10 CFR part 70 financial criteria, 10 CFR
70.22(a)(8) and 70.23(a)(5), could be met by conditioning the license
to require funding commitments to be in place prior to construction and
operation.\18\ The specific license condition imposed--providing one
way to satisfy the requirements of 10 CFR part 70--required the
licensee to have in place prior to commencement of construction or
operation: a minimum equity contribution of 30% of project costs from
the parents and affiliates of partners prior to construction of the
associated capacity; firm funding commitments for the remaining project
costs; and long term enrichment contracts with prices sufficient to
cover both construction and operating costs, including a return on
investment, for the entire term of the contracts.
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\18\ Louisiana Energy Services, CLI-97-15, 46 NRC at 309.
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3. Foreign Ownership
The GLE application is governed by sections 53 and 63 of the AEA,
and, consequently, issues of foreign
[[Page 11098]]
involvement shall be determined pursuant to sections 57 and 69, not
sections 103, 104, or 193(f). Sections 57 and 69 of the AEA require,
among other things, an affirmative finding by the Commission that
issuance of a license for the PLEF facility will not be ``inimical to
the common defense and security.'' The requirements of sections 57 and
69 are incorporated in 10 CFR 70.31 and 10 CFR 40.32, respectively.
4. Creditor Requirements
Pursuant to section 184 of the AEA, the creditor regulations in 10
CFR 50.81 shall apply to the creation of creditor interests in
equipment, devices, or important parts thereof, capable of separating
the isotopes of uranium or enriching uranium in the isotope U-235. In
addition, the creditor regulations in 10 CFR 70.44 shall apply to the
creation of creditor interests in special nuclear material. These
creditor regulations may be augmented by license conditions as
necessary to allow ownership arrangements (such as sale and leaseback)
not covered by 10 CFR 50.81, provided it can be found that such
arrangements are not inimical to the common defense and security of the
United States.
5. Classified Information
All matters of classification of information related to the design,
construction, operation, and safeguarding of the GLE-PLEF shall be
governed by classification guidance in ``Joint DOE/NRC Classification
Guide for Enrichment of Uranium by the SILEX Process in the United
States,'' Secret Restricted Data (RD), Change 1 (November 2016) (CG-US-
SILEX-2) and ``Classification Guide for Safeguards and Security
Information Associated with Uranium Enrichment by the SILEX Process,''
OUO, Change 1 (January 2024) (CG-NRC-SILEX-2A). All decisions on
questions of classification or declassification of information shall be
made by appropriate classification officials in the NRC and/or DOE and
are not subject to de novo review in this proceeding.
6. Access to Classified Information
Portions of GLE's application for a license are classified RD or
National Security Information. Persons needing access to those portions
of the application will be required to have the appropriate security
clearance for the level of classified information to which access is
required. Access requirements apply equally to intervenors, their
witnesses and counsel, employees of the applicant, its witnesses and
counsel, NRC personnel, and others. Any person who believes that he or
she will have a need for access to classified information for the
purpose of this licensing proceeding, including the hearing, should
immediately contact the NRC, Division of Fuel Management, Washington,
DC 20555, for information on the clearance process. Telephone calls may
be made to Matthew Bartlett, Senior Project Manager, Fuel Facility
Licensing Branch, Division of Fuel Management, Office of Nuclear
Material Safety and Safeguards. Telephone: (301) 415-7154.
7. Obtaining NRC Security Facility Approval for Safeguarding Classified
Information Received or Developed Pursuant to 10 CFR Part 95
Any entity requiring access to or possession of classified
information in connection with the licensing proceeding must process,
store, reproduce, transmit, or handle such information exclusively at a
location that has received facility security clearance approval from
the NRC's Division of Security Operations, Washington, DC 20555.
Telephone calls may be made to Mark MacDonald, Chief, Information
Security Branch, Division of Security Operations, Office of Nuclear
Security and Incident Response. Telephone: (301) 415-7751.
B. Reconsideration
The above guidance does not foreclose the applicant, any person
admitted as a party to the hearing, or an entity participating under 10
CFR 2.315(c) from litigating material factual issues necessary for
resolution of contentions in this proceeding. Persons permitted to
intervene and entities participating under 10 CFR 2.315(c) as of the
date of the order on intervention may also move the Commission to
reconsider any portion of section VI of this Notice and Commission
Order where there is no clear Commission precedent or unambiguously
governing statutes or regulations. Any motion to reconsider must be
filed within 10 days after the order on intervention. The motion must
contain all technical or other arguments to support the motion. Other
persons granted intervention and entities participating under 10 CFR
2.315(c), including the applicant and the NRC staff, may respond to
motions for reconsideration within 20 days of the order on
intervention. Motions will be ruled upon by the Commission. A motion
for reconsideration does not stay the schedule set out above in section
V.d.4). However, if the Commission grants a motion for reconsideration,
it will, as necessary, provide direction on adjusting the hearing
schedule.
V. Notice of Intent Regarding Classified Information
As noted above, a hearing on this application will be governed by
10 CFR part 2, subparts A, C, G, and to the extent classified material
becomes involved, Subpart I. Subpart I requires in accordance with 10
CFR 2.907 that the NRC staff file a notice of intent if, at the time of
publication of Notice of Hearing, it appears that it will be
impracticable for the staff to avoid the introduction of Restricted
Data or National Security Information into a proceeding. The applicant
has submitted portions of its application that are classified and
intends to submit additional portions of its application that will also
be classified. The Commission notes that, since the entire application
may become part of the record of the proceeding, the NRC staff has
found it impracticable for it to avoid the introduction of RD or
National Security Information into the proceeding.
VI. 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
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
or SGI 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, 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
[[Page 11099]]
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.\19\ The request must
include the following information:
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\19\ 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.
---------------------------------------------------------------------------
(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) 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.
(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; \20\ and
---------------------------------------------------------------------------
\20\ 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.
---------------------------------------------------------------------------
(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.\21\
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\21\ 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.
---------------------------------------------------------------------------
(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 a Federal Bureau of Investigation identification and
criminal history records check.
(d) A check or money order payable in the amount of $369.00 \22\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted.
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\22\ This fee is subject to change pursuant to DCSA's adjustable
billing rates.
---------------------------------------------------------------------------
(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), 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.
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
[[Page 11100]]
or Affidavit, or Protective Order \23\ 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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\23\ 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 draft Non-Disclosure Agreement or Affidavit, or Protective
Order \24\ by each individual who will be granted access to SGI.
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\24\ 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 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.
J. Review of Denials of Access.
(1) If the request for access to SUNSI or SGI is denied by the NRC
staff 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 five 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 five 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.\25\
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\25\ 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.
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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 at Rockville, Maryland, this 4th day of March 2026.
For the 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
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0........................ Publication of Federal Register notice of
hearing or opportunity for hearing,
including order with instructions for access
requests.
[[Page 11101]]
10....................... Deadline for submitting requests for access
to Sensitive Unclassified NonSafeguards
Information (SUNSI) and/or Safeguards
Information (SGI) which contains
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; 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 which contains: (i)
Demonstration of standing; (ii) all
contentions whose formulation does not
require access to SUNSI and/or SGI (+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 demonstrates
the (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
(i.e., 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's 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 draft 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 is 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 draft 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. 2026-04474 Filed 3-5-26; 8:45 am]
BILLING CODE 7590-01-P