[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Notices]
[Pages 39136-39141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16275]
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NUCLEAR REGULATORY COMMISSION
[NRC-2011-0138]
Applications and Amendments to Facility Operating Licenses
Involving Proposed No Significant Hazards Considerations and Containing
Sensitive Unclassified Non-Safeguards Information and Order Imposing
Procedures for Access to Sensitive Unclassified Non-Safeguards
Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license amendment request, opportunity to comment,
opportunity to request a hearing.
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DATES: Comments must be filed by August 4, 2011. A request for a
hearing must be filed by September 6, 2011. Any potential party as
defined in Title 10 of the Code of Federal Regulations (10 CFR), 2.4
who believes access to Sensitive Unclassified Non-Safeguards
Information (SUNSI) is necessary to respond to this notice must request
document access by July 15, 2011.
ADDRESSES: Please include Docket ID NRC-2011-0138 in the subject line
of your comments. Comments submitted in writing or in electronic form
will be posted on the NRC Web site and on the Federal rulemaking Web
site, http://www.regulations.gov. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
You may submit comments by any one of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0138. Address questions about NRC dockets to Carol Gallagher,
telephone: 301-492-3668; e-mail: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
You can access publicly available documents related to this notice
using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the NRC's public documents. If
you do not have access to ADAMS or if there are problems in accessing
the documents located in ADAMS, contact the NRC's PDR reference staff
at 1-800-397-4209, 301-415-4737, or by e-mail to [email protected].
Federal Rulemaking Web site: Public comments and
supporting materials related to this notice can be found at http://www.regulations.gov by
[[Page 39137]]
searching on Docket ID NRC-2011-0138.
Background
Pursuant to Section 189a.(2) of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear Regulatory Commission (the
Commission, NRC, or NRC staff) 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.
This notice includes notices of amendments containing SUNSI.
Notice of Consideration of Issuance of Amendments to Facility Operating
Licenses, Proposed No Significant Hazards Consideration Determination,
and Opportunity for a Hearing
The Commission has made a proposed determination that the following
amendment requests 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 amendment would not (1)
Involve a significant increase in the probability or consequences of an
accident previously evaluated; (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 shown
below.
The Commission is seeking public comments on this proposed
determination. Any comments received within 30 days after the date of
publication of this notice will be considered in making any final
determination.
Normally, the Commission will not issue the amendment until the
expiration of 60 days after the date of publication of this notice. The
Commission may issue the license amendment before expiration of the 60-
day period provided that its final determination is that the amendment
involves no significant hazards consideration. In addition, the
Commission may issue the amendment prior to the expiration of the 30-
day comment period should circumstances change during the 30-day
comment period such that failure to act in a timely way would result,
for example in derating or shutdown of the facility. Should the
Commission take action prior to the expiration of either the comment
period or the notice period, it will publish in the Federal Register a
notice of issuance. Should the Commission make a final No Significant
Hazards Consideration Determination, any hearing will take place after
issuance. The Commission expects that the need to take this action will
occur very infrequently.
Within 60 days after the date of publication of this notice, any
person(s) whose interest may be affected by this action may file a
request for a hearing and a petition to intervene with respect to
issuance of the amendment to the subject facility operating license.
Requests for a hearing and a petition for leave to intervene shall be
filed in accordance with the Commission's ``Rules of Practice for
Domestic Licensing Proceedings'' in 10 CFR part 2. Interested person(s)
should consult a current copy of 10 CFR 2.309, which is available at
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC
regulations are accessible electronically from the NRC Library on the
NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If
a request for a hearing or petition for leave to intervene is filed
within 60 days, the Commission or a presiding officer designated by the
Commission or by the Chief Administrative Judge of the Atomic Safety
and Licensing Board Panel, will rule on the request and/or petition;
and the Secretary or the Chief Administrative Judge of the Atomic
Safety and Licensing Board will issue a notice of a hearing or an
appropriate order.
As required by 10 CFR 2.309, a petition for leave to intervene
shall set forth with particularity the interest of the petitioner in
the proceeding, and how that interest may be affected by the results of
the proceeding. The petition should specifically explain the reasons
why intervention should be permitted with particular reference to the
following general requirements: (1) The name, address, and telephone
number of the requestor or petitioner; (2) the nature of the
requestor's/petitioner's right under the Act to be made a party to the
proceeding; (3) the nature and extent of the requestor's/petitioner's
property, financial, or other interest in the proceeding; and (4) the
possible effect of any decision or order which may be entered in the
proceeding on the requestor's/petitioner's interest. The petition must
also set forth the specific contentions which the requestor/petitioner
seeks to have litigated at the proceeding.
Each contention must consist of a specific statement of the issue
of law or fact to be raised or controverted. In addition, the
requestor/petitioner shall provide a brief explanation of the bases for
the contention and a concise statement of the alleged facts or expert
opinion which support the contention and on which the requestor/
petitioner intends to rely in proving the contention at the hearing.
The requestor/petitioner must also provide references to those specific
sources and documents of which the petitioner is aware and on which the
requestor/petitioner intends to rely to establish those facts or expert
opinion. The petition must include sufficient information to show that
a genuine dispute exists with the applicant on a material issue of law
or fact. Contentions shall be limited to matters within the scope of
the amendment under consideration. The contention must be one which, if
proven, would entitle the requestor/petitioner to relief. A requestor/
petitioner who fails to satisfy these requirements with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
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. The final determination will serve
to decide when the hearing is held. If the final determination is that
the amendment request involves no significant hazards consideration,
the Commission may issue the amendment and make it immediately
effective, notwithstanding the request for a hearing. Any hearing held
would take place after issuance of the amendment. If the final
determination is that the amendment request involves a significant
hazards consideration, then any hearing held would take place before
the issuance of any amendment.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested
[[Page 39138]]
governmental entities participating under 10 CFR 2.315(c), must be
filed in accordance with the NRC E-Filing rule (72 FR 49139, August 28,
2007). 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. Participants may not submit paper
copies of their filings unless they seek an exemption in accordance
with the procedures described below.
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 e-mail at [email protected], or by
telephone at 301-415-1677, to request (1) A digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (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 hearing in this 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 Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through Electronic Information Exchange System, users
will be required to install a Web browser plug-in from the NRC Web
site. Further information on the Web-based submission form, including
the installation of the Web browser plug-in, is available on the NRC's
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the NRC guidance
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are 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. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail notice that provides access
to the document to the NRC 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a 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
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home 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 are requested not to include copyrighted
materials in their submission.
Petitions for leave to intervene must be filed no later than 60
days from the date of publication of this notice. Non-timely filings
will not be entertained absent a determination by the presiding officer
that the petition or request should be granted or the contentions
should be admitted, based on a balancing of the factors specified in 10
CFR 2.309(c)(1)(i)-(viii).
For further details with respect to this amendment action, see the
application for amendment which is available for public inspection at
the NRC's PDR, located at One White Flint North, Room O1-F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. Publicly
available documents created or received at the NRC are accessible
electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there
are problems in accessing the documents located in ADAMS, contact the
PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
[[Page 39139]]
Dominion Nuclear Connecticut Inc., et al., Docket No. 50-423, Millstone
Power Station, Unit 3, New London County, Connecticut
Date of amendment request: January 20, 2011.
Description of amendment request: This amendment request contains
sensitive unclassified non-safeguards information (SUNSI). The
amendment would revise the Millstone Power Station, Unit No. 3 (MPS3)
Technical Specification (TS) 6.8.4.g, ``Steam Generator (SG) Program,''
to exclude a portion of the tubes below the top of the steam generator
tubesheet from periodic steam generator tube inspections during
Refueling Outage 14 and the subsequent operating cycle. The amendment
request would also revise the reporting criteria in MPS3 TS 6.9.1.7,
``Steam Generator Tube Inspection Report,'' to remove reference to
previous one-time alternate repair criteria and add reporting
requirements specific to temporary alternate repair criteria.
Basis for proposed no significant hazards consideration
determination: As required by 10 CFR 50.91(a), the licensee has
provided its analysis of the issue of no significant hazards
consideration, which is presented below, along with NRC edits noted in
square brackets:
(1) Does the proposed change involve a significant increase in
the probability or consequences of an accident previously evaluated?
Response: No.
The previously analyzed accidents are initiated by the failure
of plant structures, systems, or components. The proposed change
that alters the steam generator inspection criteria and the steam
generator inspection reporting criteria does not have a detrimental
impact on the integrity of any plant structure, system, or component
that initiates an analyzed event. The proposed change will not alter
the operation of, or otherwise increase the failure probability of
any plant equipment that initiates an analyzed accident.
Of the applicable accidents previously evaluated, the limiting
transients with consideration to the proposed change to the steam
generator tube inspection and repair criteria are the steam
generator tube rupture (SGTR) event and the feedline break (FLB)
postulated accidents.
During the SGTR event, the required structural integrity margins
of the steam generator tubes and the tube-to-tubesheet joint over
the H* distance will be maintained. Tube rupture in tubes with
cracks within the tubesheet is precluded by the constraint provided
by the tube-to-tubesheet joint. This constraint results from the
hydraulic expansion process, thermal expansion mismatch between the
tube and tubesheet, and from the differential pressure between the
primary and secondary side. Based on this design, the structural
margins against burst, as discussed in Regulatory Guide (RG) 1.121,
``Bases for Plugging Degraded PWR Steam Generator Tubes,''
(Reference 25 [in the January 20, 2011, letter]) are maintained for
both normal and postulated accident conditions.
The proposed change has no impact on the structural or leakage
integrity of the portion of the tube outside of the tubesheet. The
proposed change maintains structural integrity of the steam
generator tubes and does not affect other systems, structures,
components, or operational features. Therefore, the proposed change
results in no significant increase in the probability of the
occurrence of a SGTR accident.
At normal operating pressures, leakage from primary water stress
corrosion cracking below the proposed limited inspection depth is
limited by both the tube-to-tubesheet crevice and the limited crack
opening permitted by the tubesheet constraint. Consequently,
negligible normal operating leakage is expected from cracks within
the tubesheet region. The consequences of an SGTR event are affected
by the primary-to-secondary leakage flow during the event. However,
primary-to-secondary leakage flow through a postulated broken tube
is not affected by the proposed changes since the tubesheet enhances
the tube integrity in the region of the hydraulic expansion by
precluding tube deformation beyond its initial hydraulically
expanded outside diameter.
Therefore, the proposed changes do not result in a significant
increase in the consequences of a SGTR.
The consequences of a steam line break (SLB) are also not
significantly affected by the proposed changes. During a SLB
accident, the reduction in pressure above the tubesheet on the shell
side of the steam generator creates an axially uniformly distributed
load on the tubesheet due to the reactor coolant system pressure on
the underside of the tubesheet. The resulting bending action
constrains the tubes in the tubesheet thereby restricting primary-
to-secondary leakage below the mid-plane.
Primary-to-secondary leakage from tube degradation in the
tubesheet area during the limiting accident (i.e., a SLB) is limited
by flow restrictions. These restrictions result from the crack and
tube-to-tubesheet contact pressures that provide a restricted
leakage path above the indications and also limit the degree of
potential crack face opening as compared to free span indications.
The leakage factor of 2.49 for Millstone Power Station Unit 3
(MPS3), for a postulated SLB/FLB, has been calculated as shown in
Table RA124-2 (Revised Table 9-7) of Reference 19 [in the January
20, 2011, letter]. Specifically, for the condition monitoring (CM)
assessment, the component of leakage from the prior cycle from below
the H* distance will be multiplied by a factor of 2.49 and added to
the total leakage from any other source and compared to the
allowable accident induced leakage limit. For the operational
assessment (OA), the difference in the leakage between the allowable
leakage and the accident induced leakage from sources other than the
tubesheet expansion region will be divided by 2.49 and compared to
the observed operational leakage.
The probability of a SLB is unaffected by the potential failure
of a steam generator tube as the failure of the tube is not an
initiator for a SLB event. SLB leakage is limited by leakage flow
restrictions resulting from the leakage path above potential cracks
through the tube-to-tubesheet crevice. The leak rate during
postulated accident conditions (including locked rotor) has been
shown to remain within the accident analysis assumptions for all
axial and or circumferentially orientated cracks occurring 15.2
inches below the top of the tubesheet. The accident induced leak
rate limit is 1.0 gpm [gallon per minute]. The TS operational leak
rate is 150 gpd [gallon per day] (0.1 gpm) through any one steam
generator. Consequently, there is significant margin between
accident leakage and allowable operational leakage. The SLB/FLB leak
rate ratio is only 2.49 resulting in significant margin between the
conservatively estimated accident leakage and the allowable accident
leakage (1.0 gpm).
Therefore, the proposed change does not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
(2) Does the change create the possibility of a new or different
kind of accident from any accident previously evaluated?
Response: No
The proposed change that alters the steam generator inspection
criteria and the steam generator inspection reporting criteria does
not introduce any new equipment, create new failure modes for
existing equipment, or create any new limiting single failures.
Plant operation will not be altered, and all safety functions will
continue to perform as previously assumed in accident analyses.
Therefore, the proposed change does not create the possibility
of a new or different kind of accident from any accident previously
evaluated.
(3) Does the change involve a significant reduction in a margin
of safety?
Response: No.
The proposed change that alters the steam generator inspection
criteria and the steam generator inspection reporting criteria
maintains the required structural margins of the steam generator
tubes for both normal and accident conditions. NEI 97-06, Revision
2, ``Steam Generator Program Guidelines'' (Reference 1 [in the
January 20, 2011, letter]) and RG 1.121, ``Bases for Plugging
Degraded PWR Steam Generator Tubes'' (Reference 25 [in the January
20, 2011, letter]), are used as the bases in the development of the
limited tubesheet [in the January 20, 2011, letter] inspection depth
methodology for determining that steam generator tube integrity
considerations are maintained within acceptable limits. RG 1.121
describes a method acceptable to the Nuclear Regulatory Commission
for meeting GDC 14, ``Reactor Coolant Pressure Boundary,'' GDC 15,
``Reactor Coolant System Design,'' GDC 31, ``Fracture Prevention of
Reactor Coolant Pressure Boundary,'' and GDC 32, ``Inspection of
Reactor Coolant Pressure Boundary,'' by reducing the probability and
consequences of a SGTR. This RG uses safety factors on loads for
tube burst that are consistent with the requirements of Section
[[Page 39140]]
III of the American Society of Mechanical Engineers (ASME) Code.
For axially oriented cracking located within the tubesheet, tube
burst is precluded due to the presence of the tubesheet. For
circumferentially oriented cracking, the H* analysis, documented in
Section 4 of this license amendment request, defines the length of
degradation-free, expanded tubing that provides the necessary
resistance to tube pullout due to the pressure induced forces, with
applicable safety factors applied. Application of the limited hot
and cold leg tubesheet inspection criteria will preclude
unacceptable primary-to-secondary leakage during all plant
conditions. The methodology for determining leakage provides for
large margins between calculated and actual leakage values in the
proposed limited tubesheet inspection depth criteria.
Therefore, the proposed change does not involve a significant
reduction in any margin of safety.
The NRC staff has reviewed the licensee's analysis and, based on
this review, it appears that the three standards of 10 CFR 50.92(c) are
satisfied. Therefore, the NRC staff proposes to determine that the
amendment request involves no significant hazards consideration.
Attorney for licensee: Lillian M. Cuoco, Senior Counsel, Dominion
Resource Services, Inc., 120 Tredegar Street, RS-2, Richmond, VA 23219.
NRC Branch Chief: Harold K. Chernoff.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
Dominion Nuclear Connecticut Inc., et al., Docket No. 50-423, Millstone
Power Station, Unit 3, New London County, Connecticut
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 hearing and
opportunity to petition for leave to intervene, 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 Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, 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 e-mail
address 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. 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
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, 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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F. 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
the requestor is granted access to that information. However, if more
than 25 days remain between the date the petitioner is granted 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.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either after a determination on standing and need for access, 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) The requestor may challenge the NRC staff's adverse
determination 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 he or she 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.
H. 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 with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
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
[[Page 39141]]
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) 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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I. 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.
Attachment 1 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 23rd day of June, 2011.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information in This Proceeding
------------------------------------------------------------------------
Day Event/Activity
------------------------------------------------------------------------
0............................ Publication of Federal Register notice of
hearing and opportunity to petition for
leave to intervene, including order with
instructions for access requests.
10........................... Deadline for submitting requests for
access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) 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.
60........................... Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does not
require access to SUNSI (+25 Answers to
petition for intervention; +7 requestor/
petitioner reply).
20........................... 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. (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'' 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 Affidavit. Deadline
for applicant/licensee to file Non-
Disclosure Agreement 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 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 hearing or 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. 2011-16275 Filed 7-1-11; 8:45 am]
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