[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Notices]
[Pages 66090-66095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27547]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos.: 50-280 and 50-281; NRC-2011-0242]
Facility Operating License Amendment From Virginia Electric and
Power Company, Surry Power Station, Units 1 and 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment; request for comment and hearing, and Order.
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DATES: Submit comments by November 25, 2011. A request for a hearing
must be filed by December 27, 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
November 4, 2011.
ADDRESSES: Please include Docket ID NRC-2011-0242 in the subject line
of your comments. For additional instructions on submitting comments
and instructions on accessing documents related to this action, see
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY
INFORMATION section of this document. 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-
2011-0242. 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.
SUPPLEMENTARY INFORMATION:
Submitting Comments and Accessing Information
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 can access publicly available documents related to this
document 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]. The
application for amendment, dated July 28, 2011, is available
electronically under ADAMS Accession No. ML11215A058. An attachment to
the application, dated July 28, 2011, contains SUNSI and, accordingly,
this portion is being withheld from public disclosure. A redacted
version of the attachment to the application, dated July 28, 2011, is
[[Page 66091]]
available electronically under ADAMS Accession No. ML11215A059.
Federal Rulemaking Web Site: Public comments and
supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID NRC-2011-0242.
FOR FURTHER INFORMATION CONTACT: Karen Cotton, Project Manager, Plant
Licensing Branch 2-I, Division of Operating Reactor Licensing, Office
of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-1438, e-mail:
[email protected].
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is
considering issuance of an amendment to Facility Operating License Nos.
DRP-32 and DRP-37 issued to Virginia Electric and Power Company (the
licensee) for operation of the Surry Power Station, Units 1 and 2,
located in Surry County, Virginia.
The proposed amendment would permanently revise Technical
Specification (TS) 6.4.Q, ``Steam Generator (SG) Program,'' to exclude
portions of the SG tube below the top of the SG tubesheet from periodic
inspections.
Before issuance of the proposed license amendment, the Commission
will have made findings required by the Atomic Energy Act of 1954, as
amended (the Act), and the Commission's regulations.
The Commission has made a proposed determination that the amendment
request involves 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. 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:
(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/repair 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 steam line break (SLB)
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 [Pressurized-Water Reactor] Steam
Generator Tubes,'' 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 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. 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. 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.
As shown in Table 9-7 of WCAP-17092-P, for Surry for a
postulated SLB, a leakage factor of 1.80 has been calculated. For
the condition monitoring assessment, the component of leakage from
the prior cycle from below the H* distance will be multiplied by a
factor of 1.80 and added to the total leakage from any other source
and compared to the allowable accident induced leakage limit. For
the operational assessment, 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 1.80
and compared to the observed operational leakage. The accident
induced primary to secondary leak rate limit is 470 gpd (0.33 gpm)
per SG. The TS operational primary to secondary leak rate limit of
150 gpd (0.1 gpm) times 1.80 provides significant margin between
accident leakage and allowable operational leakage.
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/
repair 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/
repair 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,'' and RG 1.121 are
used as the bases in the development of the limited tubesheet
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 NRC for
meeting
[[Page 66092]]
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. RG 1.121 concludes that by determining the
limiting safe conditions for tube wall degradation the probability
and consequences of a SGTR are reduced. This RG uses safety factors
on loads for tube burst that are consistent with the requirements of
Section 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 4.0 of the license amendment request, defines a 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.
The Commission is seeking public comments on this proposed
determination. Any comments received by November 25, 2011 will be
considered in making any final determination. You may submit comments
using any of the methods discussed in the ADDRESSES Section of this
document.
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.
II. Opportunity to Request a Hearing; Petitions for Leave To Intervene
Requirements for hearing requests and petitions for leave to
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to
intervene, Requirements for standing, and Contentions.'' Interested
persons should consult 10 CFR 2.309, which is available at the NRC's
PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike,
Rockville, MD 20852. You may also call the PDR at 1-800-397-4209 or
301-415-4737. The NRC regulations are accessible electronically from
the NRC Web site at http://www.nrc.gov.
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the requestor/petitioner in the proceeding and how that
interest may be affected by the results of the proceeding. The petition
must provide the name, address, and telephone number of the requestor
or petitioner and specifically explain the reasons why the intervention
should be permitted with particular reference to the following factors:
(1) The nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (2) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (3) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest.
A petition for leave to intervene must also include a specification
of the contentions that the petitioner seeks to have litigated in the
hearing. For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings the NRC must make to support
the granting of a license amendment in response to the application. The
petition must include a concise statement of the alleged facts or
expert opinions which support the position of the requestor/petitioner
and on which the requestor/petitioner intends to rely at the hearing,
together with references to the specific sources and documents on which
the requestor/petitioner intends to rely. Finally, the petition must
provide sufficient information to show that a genuine dispute exists
with the applicant on a material issue of law or fact, including
references to specific portions of the application for amendment that
the requestor/petitioner disputes and the supporting reasons for each
dispute, or, if the requestor/petitioner believes that the application
for amendment fails to contain information on a relevant matter as
required by law, the identification of each failure and the supporting
reasons for the requestor's/petitioner's belief. Each contention must
be one which, if proven, would entitle the requestor/petitioner to
relief.
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 with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with the NRC regulations, policies, and procedures. The
Atomic Safety and Licensing Board (the Licensing Board) will set the
time and place for any prehearing conferences and evidentiary hearings,
and the appropriate notices will be provided.
Non-timely petitions for leave to intervene and contentions,
amended petitions, and supplemental petitions will not be entertained
absent a determination by the Commission, the Licensing Board or a
Presiding Officer that the petition should be granted and/or the
contentions should be admitted based upon a balancing of the factors
specified in 10 CFR 2.309(c)(1)(i)-(viii).
A State, county, municipality, Federally-recognized Indian tribe,
or agencies thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(d)(2). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
December 27, 2011. The petition must be filed in accordance with the
filing instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section,
[[Page 66093]]
except that State and Federally-recognized Indian tribes do not need to
address the standing requirements in 10 CFR 2.309(d)(1) if the facility
is located within its boundaries. The entities listed above could also
seek to participate in a hearing as a nonparty pursuant to 10 CFR
2.315(c).
Any person who does not wish, or is not qualified, to become a
party to this proceeding may request permission to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to such limits and
conditions as may be imposed by the Licensing Board. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by December 27, 2011.
If a hearing is requested, 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.
III. Electronic Submissions (E-Filing)
All documents filed in the 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 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 the 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'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
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
[[Page 66094]]
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 October 25, 2011. 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).
Attorney for licensee: Lillian M. Cuoco, Esq., Senior Counsel,
Dominion Resource Services, Inc., 120 Tredegar Street; Richmond, VA
23219.
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 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); and
(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 66095]]
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 19th day of October 2011.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
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 petitioner/
requestor reply).
20................................ The Nuclear Regulatory Commission
(NRC) staff informs the requester
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. (The 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 the NRC staff
makes the finding of need for SUNSI
and likelihood of standing, the NRC
staff begins document processing
(preparation of redactions or
review of redacted documents).
25................................ If the NRC staff finds no ``need''
or no likelihood of standing, the
deadline for petitioner/requester
to file a motion seeking a ruling
to reverse the NRC staff's denial
of access; the NRC staff files copy
of access determination with the
presiding officer (or Chief
Administrative Judge or other
designated officer, as
appropriate). If the 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 the NRC staff reply to
motions to reverse NRC staff
determination(s).
40................................ (Receipt +30) If the NRC staff finds
standing and need for SUNSI,
deadline for the 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. 2011-27547 Filed 10-24-11; 8:45 am]
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