[Federal Register Volume 91, Number 77 (Wednesday, April 22, 2026)]
[Notices]
[Pages 21514-21519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07796]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-331; NRC-2026-1719]
NextEra Energy Duane Arnold, LLC; Duane Arnold Energy Center;
Applications for Amendments to Renewed Facility License Involving
Proposed No Significant Hazards Consideration Determination and
Containing Safeguards Information and Order Imposing Procedures for
Access to Safeguards Information
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; notice of opportunity to comment,
request a hearing, and petition for leave to intervene; order imposing
procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
received and is considering issuance of three amendments to Renewed
Facility License (RFL) No. DPR-49 for the Duane Arnold Energy Center
(DAEC), which were requested by NextEra Energy Duane Arnold, LLC (NEDA)
to support the potential reauthorization of power operations at the
DAEC. For each amendment request, the NRC proposes to determine that
they involve no significant hazards consideration (NSHC). Because
potential parties may deem it necessary to obtain access to safeguards
information (SGI) to meet Commission requirements for intervention, the
NRC is issuing an order imposing procedures to obtain access to SGI for
contention preparation by persons who file a hearing request or
petition for leave to intervene.
DATES: Submit comments by May 22, 2026. Requests for a hearing or
petitions for leave to intervene must be filed by June 22, 2026. Any
potential party as defined in section 2.4 of title 10 of the Code of
Federal Regulations (10 CFR) who believes access to SGI is necessary to
respond to this notice must request document access by May 4, 2026.
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-2026-1719. 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-5-A85, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: 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-2026-1719 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-2026-1719.
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 ADAMS Public 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 ADAMS accession number for each document
referenced (if it is available in ADAMS) is provided the first time
that it is mentioned in this document.
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-2026-1719 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
A. Background
DAEC consists of a single boiling-water reactor located in Linn
County, Iowa. Originally licensed for operation on February 22, 1974,
the NRC issued a renewed facility operating license for DAEC on
December 16, 2010, with the renewed license term expiring on February
21, 2034.
By letter dated January 18, 2019, NEDA certified to the NRC that it
planned to permanently cease power operations at DAEC in the fourth
quarter of 2020. By letter dated March 2, 2020, NEDA updated its
timeline and certified to the NRC that it planned to permanently cease
power operations at DAEC on October 30, 2020. By letter dated August
27, 2020, NEDA certified to the NRC that power operations permanently
ceased at DAEC on August
[[Page 21515]]
10, 2020, and in a letter dated October 12, 2020, that the fuel was
permanently removed from the DAEC reactor vessel and placed in the
spent fuel pool, in accordance with 10 CFR 50.82(a)(1). Upon the NRC's
docketing of these certifications, the DAEC license no longer
authorized operation of the reactor or emplacement or retention of fuel
into the reactor vessel, as provided by 10 CFR 50.82(a)(2).
NEDA is seeking to return DAEC to power operations and has
submitted several requests for NRC approval to support allowing the
resumption of power operations through February 21, 2034, the previous
expiration date of the plant's license. These requests include three
license amendment requests (LARs), which are the subject of this
notice, and an exemption request. Consistent with the Atomic Energy Act
of 1954, as amended (the Act), and the NRC's regulations, the NRC is
not publishing a notice of opportunity for hearing on the exemption
request.
B. License Amendment Requests
The NRC is considering issuance of amendments to RFL No. DPR-49 for
DAEC that were requested by NEDA, to support reauthorization of power
operations at DAEC. These LARs are the subject of this notice and are
listed in tabular form in Section III of this document.
Before any issuance of the proposed license amendments, the NRC
will need to make the findings required by the Act and the NRC's
regulations. Pursuant to Section 189a.(2) of the Act, the NRC is
publishing this notice. The Act requires the Commission to publish
notice of any amendments issued or proposed to be issued, and grants
the Commission the authority to issue and make immediately effective
any amendment to an operating license upon a determination by the
Commission that such amendment involves no significant hazards
consideration, notwithstanding the pendency before the Commission of a
request for a hearing from any person.
The scope of this notice is limited to comments, requests for
hearing, and petitions for leave to intervene related to the three LARs
listed in tabular form in Section III of this document.
The NRC staff notes that, although the three LARs state that a
categorical exclusion applies, the NRC staff is not relying on a
categorical exclusion for these actions. The NRC staff will complete an
environmental review of the potential environmental impacts of the
proposed Federal actions related to reauthorizing power operations at
DAEC, which include the three LARs, and will document its findings in
accordance with the National Environmental Policy Act of 1969, as
amended (NEPA), and the NRC's regulations in 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' The NRC staff's environmental review
will also document the NRC's interagency consultation requirements in
accordance with Section 106 of the National Historic Preservation Act
and Section 7 of the Endangered Species Act. The NRC staff will prepare
an environmental assessment that will be used to determine whether an
environmental impact statement is necessary or whether a finding of no
significant impact is warranted to satisfy the NRC's NEPA obligations.
A draft environmental assessment and draft finding of no significant
impact, provided that a determination of no significant impact is
reached, will be issued for public comment. The U.S. Department of
Energy, Office of Energy Dominance Financing will serve as a
cooperating agency on the NRC's environmental review.
III. Notice of Consideration of Issuance of Amendments to Renewed
Facility License, Proposed No Significant Hazards Consideration
Determination, and Opportunity for a Hearing
The Commission has made a proposed determination that the three
LARs listed in tabular form in this notice involve no significant
hazards consideration. Under the Commission's regulations in 10 CFR
50.92, this means that operation of the facility in accordance with the
proposed amendments would not (1) involve a significant increase in the
probability or consequences of an accident previously evaluated, or (2)
create the possibility of a new or different kind of accident from any
accident previously evaluated, or (3) involve a significant reduction
in a margin of safety. The basis for this proposed determination for
each amendment request is included in the amendment requests as
referenced in the table in this notice.
The Commission is seeking public comments on these proposed
determinations. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determinations.
Normally, the Commission will not issue the amendments until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue any of these license amendments before expiration
of the 60-day period provided that its final determination is that the
amendment involves no significant hazards consideration. In addition,
the Commission may issue any of these amendments prior to the
expiration of the 30-day comment period if circumstances change during
the 30-day comment period such that failure to act in a timely way
would result, for example, in prevention of resumption of operation of
the facility. If the Commission takes action on any of these amendments
prior to the expiration of either the comment period or the notice
period, it will publish a notice of issuance in the Federal Register.
If the Commission makes a final no significant hazards consideration
determination for any of these amendments, any hearing will take place
after issuance. The Commission expects that the need to take this
action on any amendment request before 60 days have elapsed will occur
very infrequently.
A. Opportunity To Request a Hearing and Petition for Leave To Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by any of these
actions may file a request for a hearing and petition for leave to
intervene (petition) with respect to that action. Petitions shall be
filed in accordance with the Commission's ``Agency Rules of Practice
and Procedure'' in 10 CFR part 2. Interested persons should consult 10
CFR 2.309. If a petition is filed, the Commission or a presiding
officer will rule on the petition and, if appropriate, a notice of a
hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause 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 LAR
involves no significant hazards consideration, the Commission may issue
the amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing
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would take place after issuance of the amendment. If the final
determination is that the LAR 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 designated agency thereof, may participate as a non-
party under 10 CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and the NRC's public website
(https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate).
B. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056), and on the NRC's public website
(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 their 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 their 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 (https://www.nrc.gov/site-help/e-submittals/getting-started.html). After a digital ID certificate is
obtained and a docket is created, the participant must submit
adjudicatory documents in the Portable Document Format. Guidance on
submissions is available on the NRC's public website (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 in order 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 (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 on the
NRC's public website (https://adams.nrc.gov/ehd), unless otherwise
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.
The following table provides the topic, date, ADAMS accession
number, and location in the application of NEDA's proposed NSHC
determination for each of the three LARs that support the proposed
resumption of power operation at DAEC. For further details with respect
to these license amendment applications, see the applications, publicly
available portions of which are available for public inspection in
ADAMS. For additional direction on accessing information related to
these documents, see the ``Obtaining Information and Submitting
Comments'' section of this document.
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Application to Revise the Renewed Facility License and Technical
Specifications to Support Resumption of Power Operation
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Application Date............. November 20, 2025.
ADAMS Accession No........... ML25324A300.
Location in Application of Pages 60-63 of Enclosure 1.
NSHC.
Brief Description of The proposed amendment would revise the
Amendment. renewed facility license including
Appendix A, technical specifications, to
support resumption of power operations
at DAEC.
Proposed Determination....... NSHC.
Name of Attorney for Steven Hamrick, Senior Attorney, Florida
Licensee, Mailing Address. Power and Light Company, 801
Pennsylvania Ave. NW, Suite 220,
Washington, DC 20004.
NRC Project Manager, Justin Poole, 301-415-2048.
Telephone Number.
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Application to Revise the Physical Security Plan to Support Resumption
of Power Operation
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Application Date............. December 17, 2025.
ADAMS Accession No........... ML25363A083.
Location in Application of Pages 4-6 of Enclosure 1.
NSHC.
Brief Description of The proposed amendment would revise the
Amendment. DAEC Physical Security Plan and update
License Condition C.(5) to support
resumption of power operations at DAEC.
Proposed Determination....... NSHC.
Name of Attorney for Steven Hamrick, Senior Attorney, Florida
Licensee, Mailing Address. Power and Light Company, 801
Pennsylvania Ave. NW, Suite 220,
Washington, DC 20004.
NRC Project Manager, Justin Poole, 301-415-0248.
Telephone Number.
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Application to Revise the Emergency Plan to Support Resumption of Power
Operation
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Application Date............. January 30, 2026.
ADAMS Accession No........... ML26033A048.
Location in Application of Pages 29-30 of Enclosure 1.
NSHC.
Brief Description of The proposed amendment would replace the
Amendment. current DAEC Emergency Response Plan and
emergency action levels with the NextEra
Common Emergency Plan, including
emergency actions levels, and a DAEC
site-specific annex to support
resumption of power operations at DAEC.
Proposed Determination....... NSHC.
Name of Attorney for Steven Hamrick, Senior Attorney, Florida
Licensee, Mailing Address. Power and Light Company, 801
Pennsylvania Ave. NW, Suite 220,
Washington, DC 20004.
NRC Project Manager, Justin Poole, 301-415-2048.
Telephone Number.
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Order Imposing Procedures for Access to Safeguards Information for
Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing 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 opportunity
to request a hearing and petition for leave to intervene, any potential
party who believes access to SGI 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 SGI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SGI 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 mailing 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\
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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 SGI under these
procedures should be submitted as described in this paragraph.
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The request must include the following information:
(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1);
(3) The identity of each individual who would have access to SGI if
the request is granted, including the identity of any expert,
consultant, or assistant who will aid the requestor in evaluating the
SGI. In addition, the request must contain the following information:
(a) A statement that explains each individual's ``need to know''
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent
with the definition of ``need to know'' as stated in 10 CFR 73.2, the
statement must explain:
(i) Specifically why the requestor believes that the information is
necessary to enable the requestor to proffer and/or adjudicate a
specific contention in this proceeding; \2\ and
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\2\ Broad SGI requests under these procedures are unlikely to
meet the standard for need to know; furthermore, NRC staff redaction
of information from requested documents before their release may be
appropriate to comport with this requirement. These procedures do
not authorize unrestricted disclosure or less scrutiny of a
requestor's need to know than ordinarily would be applied in
connection with an already-admitted contention or non-adjudicatory
access to SGI.
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(ii) The technical competence (demonstrable knowledge, skill,
training or education) of the requestor to effectively utilize the
requested SGI to
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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 eApp system, a secure website that is
owned and operated by the Defense Counterintelligence and Security
Agency (DCSA). To obtain online access to the form, the requestor
should contact the NRC's Office of Administration at 301-415-3710.\3\
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\3\ The requestor will be asked to provide the requestor's full
name, social security number, date and place of birth, telephone
number, and email address. After providing this information, the
requestor usually should be able to obtain access to the online form
within 1 business day.
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(c) A completed Form FD-258 (fingerprint card), signed in original
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form
FD-258 will be provided in the background check request package
supplied by the Office of Administration for each individual for whom a
background check is being requested. The fingerprint card will be used
to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR
73.22(b)(1), and Section 149 of the Atomic Energy Act of 1954, as
amended, which mandates that all persons with access to SGI must be
fingerprinted for a Federal Bureau of Investigation identification and
criminal history records check.
(d) A check or money order payable in the amount of $403.00 \4\ to
the U.S. Nuclear Regulatory Commission for each individual for whom the
request for access has been submitted, and
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\4\ This fee is subject to change pursuant to the DCSA's
adjustable billing rates.
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(e) If the requestor or any individual(s) who will have access to
SGI believes they belong to one or more of the categories of
individuals that are exempt from the criminal history records check and
background check requirements in 10 CFR 73.59, the requestor should
also provide a statement identifying which exemption the requestor is
invoking and explaining the requestor's basis for believing that the
exemption applies. While processing the request, the Office of
Administration, Personnel Security Branch, will make a final
determination whether the claimed exemption applies. Alternatively, the
requestor may contact the Office of Administration for an evaluation of
their exemption status prior to submitting their request. Persons who
are exempt from the background check are not required to complete the
SF-85 or Form FD-258; however, all other requirements for access to
SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs
C.(3)(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
paragraph C, as applicable, the NRC staff will determine within 10 days
of receipt of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need to know the SGI
requested.
F. 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. These conditions may include, but are not
limited to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \5\ by each individual who will be granted access to
SGI.
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\5\ Any motion for Protective Order or proposed 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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G. 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.
H. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SGI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SGI contentions by that later deadline.
I. Review of Denials of Access.
(1) If the request for access to SGI is denied by the NRC staff
either after a determination on standing and requisite need to know, 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 an 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 standing or need to know for SGI by
filing a challenge within 5 days of receipt of that determination with:
(a) the presiding officer designated in this proceeding; (b) if no
presiding officer has been appointed, the Chief Administrative Judge,
or if this
[[Page 21519]]
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
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.
J. If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. Interlocutory review by the
Commission on orders ruling on such NRC staff determinations (whether
granting or denying access) is governed by 10 CFR 2.311.\6\
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\6\ 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 SGI request submitted to the NRC staff under these
procedures.
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K. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to 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: April 20, 2026.
For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Safeguards Information in This Proceeding
------------------------------------------------------------------------
Day Event/activity
------------------------------------------------------------------------
0...................... Publication of Federal Register notice of
opportunity to request a hearing and petition
for leave to intervene, including order with
instructions for access requests.
10..................... Deadline for submitting requests for access to
Safeguards Information (SGI) with information:
supporting the standing of a potential party
identified by name and address; describing the
need for the information in order for the
potential party to participate meaningfully in
an adjudicatory proceeding; demonstrating that
access should be granted (e.g., showing
technical competence for access to SGI); and
including the application fee for the
fingerprint/background check.
60..................... Deadline for submitting petition for
intervention containing: (i) Demonstration of
standing; (ii) all contentions whose
formulation does not require access to 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 shows need to
know. If NRC staff makes the finding of need
to know 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 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).
30..................... Deadline for NRC staff's reply to motions to
reverse NRC staff determination(s).
190.................... (Receipt +180) If NRC staff finds standing,
need to know, and trustworthiness and
reliability, deadline for NRC staff to file
motion for Protective Order and proposed 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 an
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 SGI (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
Agreement or Affidavits. Access provided to
SGI consistent with decision issuing the
Protective Order.
A + 28................. Deadline for submission of contentions whose
development depends upon access to 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 hearing or opportunity for hearing),
the petitioner may file its SGI contentions by
that later deadline.
A + 53................. (Contention receipt +25) Answers to contentions
whose development depends upon access to SGI.
A + 60................. (Answer receipt +7) Petitioner/Intervenor reply
to answers.
>A + 60................ Decision on contention admission.
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[FR Doc. 2026-07796 Filed 4-21-26; 8:45 am]
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