[Federal Register Volume 91, Number 120 (Wednesday, June 24, 2026)]
[Notices]
[Pages 38031-38035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12709]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-293; 72-1044; 50-003; 50-247; 50-286; 72-051; 50-219;
72-15; 50-155; 72-043; NRC-2026-2774]
Holtec Decommissioning International, LLC; Holtec Pilgrim, LLC;
Holtec Indian Point 2, LLC; Holtec Indian Point 3, LLC; Oyster Creek
Environmental Protection, LLC; Holtec Big Rock Point, LLC; Pilgrim
Nuclear Power Station; Indian Point Nuclear Generating Stations 1, 2,
and 3; Oyster Creek Nuclear Generating Station; Big Rock Point
Consideration of Approval of Transfer of Licenses
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of control of licenses;
opportunity to comment, request a hearing, and petition for leave to
intervene; order imposing procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by Holtec Decommissioning
International, LLC (HDI), on behalf of Holtec Pilgrim, LLC; Holtec
Indian Point 2, LLC; Holtec Indian Point 3, LLC; Oyster Creek
Environmental Protection, LLC; and Holtec Big Rock Point, LLC
(collectively, the licensees) on May 14, 2026. The application seeks
NRC approval of the indirect transfer of control of the NRC licenses
associated with the Pilgrim Nuclear Power Station (DPR-35), Indian
Point Units 1, 2, and 3 (DPR-5, DPR-26, and DPR-64), Oyster Creek
Nuclear Generating Station (DPR-16), and Big Rock Point (DPR-6). The
application describes a corporate reorganization in which the
membership interests of the licensees will be transferred from their
current immediate upstream parent, Nuclear Asset Management Company,
LLC (NAMCO), to a newly created affiliate, Decommissioning Asset
Management Company, LLC (DEAMCO). HDI will remain the licensed operator
and no physical changes to the sites are proposed. Because this
indirect license transfer request contains sensitive unclassified non-
safeguards information (SUNSI), an order imposes procedures to obtain
access to SUNSI for contention preparation.
DATES: Submit comments by July 24, 2026. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date. Requests for a hearing or petition for leave to intervene
must be filed by July 14, 2026.
[[Page 38032]]
Any potential party as defined in section2.4 of title 10 of the Code of
Federal Regulations (10 CFR) who believes access to SUNSI is necessary
to respond to this notice must request document access by July 6, 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-2026-2774. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time (ET)
Federal workdays; telephone: 301-415-1677.
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: Marlayna Doell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-3178; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2026-2774 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-2026-2774.
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 license transfer application dated May 14,
2026, is available in ADAMS under Accession No. ML26134A394. A
supplement dated June 17, 2026, is available at ML26168A421.
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-2026-2774 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
Pilgrim Nuclear Power Station, Indian Point Nuclear Generating
Stations 1, 2, and 3, Oyster Creek Nuclear Generating Station, and Big
Rock Point are permanently shut down nuclear power reactors undergoing
decommissioning. All spent nuclear fuel is stored at independent spent
fuel storage installations (ISFSIs) located at each site.
B. Transfer Request
The NRC is considering the issuance of an order under 10 CFR 50.80
and 10 CFR 72.50 approving an indirect transfer of control of the
licenses listed in this notice from NAMCO to DEAMCO. According to the
application for approval filed by the licensees, the licensees will
continue to own their respective facilities and hold the associated
licenses; the facilities will continue to be operated by HDI. No
physical changes to the facilities or operational changes are being
proposed in the application. [Because the same legal entities will
remain the licensees for the subject facilities and operations, and
their names will not change, no conforming license amendments are
necessary.]
The application states that the indirect transfer would occur
through a corporate reorganization whereby DEAMCO becomes the upstream
owner of the licensees and an independent manager is appointed with
specific fiduciary authorities over decommissioning budgets and
schedules, nuclear decommissioning trust investment strategy, and other
reserved matters. HDI will remain the licensed operator with plenary
authority over nuclear safety, and no physical changes to any site are
proposed in the application. The request does not propose changes that
would adversely affect the terms of the licenses or the licensees' or
HDI's technical and financial qualifications.
The NRC's regulations at 10 CFR 50.80 and 10 CFR 72.50 state that
no license, or any right thereunder, shall be transferred, directly or
indirectly, through transfer of control of the license, unless the
Commission gives its consent in writing. The Commission will approve an
application for the indirect transfer of a license, if the Commission
determines that the proposed transfer of responsibility will not affect
the qualifications of the licensee to hold the license, and that the
transfer is otherwise consistent with applicable provisions of law,
regulations, and orders issued by the Commission.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such
[[Page 38033]]
comments will not otherwise constitute part of the decisional record.
Comments should be submitted as described in the ADDRESSES section of
this document.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 20 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 20 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 20 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. 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 in
adjudicatory proceedings is located in the ``Electronic Information
Exchange System Adjudicatory User's Guide'' (ADAMS Accession No.
ML23150A083) and on the NRC's public website at https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing docket where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
The Commission will issue a notice or order granting or denying a
hearing
[[Page 38034]]
request or intervention petition, designating the issues for any
hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
For further details with respect to this application, see the
application dated May 14, 2026 (ADAMS Accession No. ML26134A394).
Attorney for licensee: Jason Day, One Holtec Boulevard, Camden, New
Jersey 08104.
NRC Branch Chief: Michelle Sutherland.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of opportunity
for hearing, any potential party who believes access to SUNSI is
necessary to respond to this notice may request such access. A
``potential party'' is any person who intends to participate as a party
by demonstrating standing and filing an admissible contention under 10
CFR 2.309. Requests for access to SUNSI submitted later than 10 days
after publication will not be considered absent a showing of good cause
for the late filing, addressing why the request could not have been
filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Deputy General Counsel
for Licensing, Hearings, and Enforcement, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
The expedited delivery or courier mail address for both offices is:
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses for the Office of the Secretary and
the Office of the General Counsel are [email protected] and
[email protected], respectively.\1\ The request must
include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice.
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1).
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. To avoid delays in processing requests for access to SUNSI, the
requestor should review all submitted materials for completeness and
accuracy (including legibility) before submitting them to the NRC. The
NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under
paragraph C.(3), the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
the SUNSI requested.
F. If the NRC staff determines that the requestor has satisfied
both E.(1) and E.(2), the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer, or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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G. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of opportunity for hearing), the petitioner
may file its SUNSI contentions by that later deadline.
H. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and requisite need, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination regarding access to SUNSI by filing a challenge within 5
days of receipt of that determination with: (a) the presiding officer
designated in this proceeding; (b) if no presiding officer has been
appointed, the Chief Administrative Judge, or if this individual is
unavailable, another administrative judge or an Administrative Law
Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another
officer has been designated to rule on information access issues, with
that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
I. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if this
individual is unavailable, another administrative judge or an
Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a);
or (c) if another officer has been designated to rule on information
access issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562, August 3, 2012) apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI
request submitted to the NRC staff under these procedures.
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[[Page 38035]]
J. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Authority: 42 U.S.C. 2011 et seq.
Dated: June 22, 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 Sensitive Unclassified Non-Safeguards
Information in This Proceeding
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Day Event/activity
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0........................ Publication of Federal Register notice of
opportunity for hearing, including order
with instructions for access requests.
10....................... Deadline for submitting requests for access
to Sensitive Unclassified Non-Safeguards
Information (SUNSI).
SUNSI requests should include information:
(i) supporting the standing of a potential
party identified by name and address and
(ii) describing the requestor's need for the
information in order for the potential party
to participate meaningfully in an
adjudicatory proceeding.
60....................... Deadline for submitting petition for
intervention containing: (i) demonstration
of standing and (ii) all contentions whose
formulation does not require access to SUNSI
(+25 Answers to petition for intervention;
+7 requestor/petitioner reply).
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (For SUNSI, NRC staff also
informs any party to the proceeding whose
interest independent of the proceeding would
be harmed by the release of the
information.) If NRC staff makes the finding
of need for SUNSI and likelihood of
standing, NRC staff begins document
processing (preparation of redactions or
review of redacted documents).
25....................... If NRC staff finds no ``need'' for SUNSI or
no likelihood of standing, the deadline for
requestor/petitioner to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Agreement or Affidavit. Deadline
for applicant/licensee to file Non-
Disclosure Agreement or Affidavit for SUNSI.
A........................ If access granted: issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Agreements or Affidavits. Access provided to
SUNSI consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of opportunity for hearing), the
petitioner may file its SUNSI contentions by
that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2026-12709 Filed 6-23-26; 8:45 am]
BILLING CODE 7590-01-P