[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8701-8706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03379]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-361, 50-362, and 72-41; NRC-2015-0023]
Southern California Edison Company; San Onofre Nuclear Generating
Station, Units 2 and 3, and Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to comment, request
a hearing, and petition for leave to intervene; order.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Facility Operating License Nos. NPF-10 and
NPF-15 issued to Southern California Edison Company. The NRC proposes
to determine that the amendment request involves no significant hazards
consideration. In addition, the amendment request contains Sensitive
Unclassified Non-Safeguards Information (SUNSI).
DATES: Submit comments by March 20, 2015. A request for a hearing must
be filed by April 20, 2015. Any potential party as defined in Sec. 2.4
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 March 2, 2015.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0023. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12 H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
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: Thomas J. Wengert, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC
20555-0001; telephone: 301-415-4037, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0023 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0023.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2015-0023 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly
[[Page 8702]]
disclosed in your comment submission. The NRC posts all comment
submissions at http://www.regulations.gov as well as entering 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 submissions into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to Facility
Operating License Nos. NPF-10 and NPF-15, issued to Southern California
Edison Company (the licensee) for operation of the San Onofre Nuclear
Generating Station (SONGS), Units 2 and 3, and Independent Spent Fuel
Storage Installation, located in San Diego County, California.
By letter dated August 28, 2013 (ADAMS Accession No. ML13242A277),
as supplemented by letters dated December 31, 2013, and May 15, 2014
(ADAMS Accession Nos. ML14007A496 and ML14139A424), the licensee
submitted an application for a license amendment request. The licensee
is requesting that the Commission grant it preemption authority
consistent with the Commission's authority under Section 161A of the
Atomic Energy Act of 1954, as amended (the Act), as amended, to
authorize the security personnel of designated classes of licensees to
possess, use, and access covered weapons for the physical security of
SONGS, Units 2 and 3, and the Independent Spent Fuel Storage
Installation, notwithstanding Federal, State or local laws prohibiting
such possession or use. If the amendment request is granted, the
licenses would be modified to reflect the Commission's grant of Section
161A preemption authority.
Before issuance of the proposed license amendments, the Commission
will have made findings required by 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 Sec. 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; or (2) create the possibility of a new
or different kind of accident from any accident previously evaluated;
or (3) involve a significant reduction in a margin of safety. 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 proposed change is an application to the Commission for
authorization to use preemption authority under Section 161A of the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2201a), which is
solely related to procedural and administrative matters of physical
security. The application is required to maintain high assurance for
the physical protection program at San Onofre Nuclear Generating
Station (SONGS) to prevent significant core damage and spent fuel
sabotage.
The proposed change will not affect the probability of any
accident initiators because it does not affect any plant systems or
the manner in which the plant is operated.
There will be no change to accident mitigation performance since
none of the systems that mitigate accidents are changed. Equipment
credited for accident mitigation is not affected by the proposed
change, and operation will remain within the bounded assumptions of
the Updated Final Safety Analysis Report (UFSAR) analysis. The
proposed change will not alter any assumptions or change any
mitigation actions in the radiological consequence evaluations in
the UFSAR.
Therefore, the proposed changes do not involve a significant
increase in the probability or consequences of an accident
previously evaluated.
2. Does the proposed change create the possibility of a new or
different accident from any accident previously evaluated?
Response: No.
The proposed change is solely related to procedural and
administrative matters of physical security.
The proposed change does not change any plant systems or the
method of operating the plant. Also, the proposed change will not
introduce any adverse changes to the plant design basis or
postulated accidents. The proposed change does not adversely affect
the method of operation of any plant system and does not impact any
plant systems or components.
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 proposed change involve a significant reduction in a
margin of safety?
Response: No.
The proposed change is solely related to procedural and
administrative matters of physical security. The proposed change
will not reduce any margins of safety.
Therefore, this change has no impact on any parameter that would
affect a design basis limit for a fission product barrier, and there
would be no impact on any margin of safety.
Therefore, the proposed changes do not involve a significant
reduction in a 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 March 20, 2015, will be
considered in making any final determination. You may submit comments
using any of the methods discussed under 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.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this Federal
Register notice, any person whose interest may be affected by this
proceeding and who desires to participate as a party in the proceeding
must file a written request for hearing or a petition for leave to
intervene specifying the contentions which the person seeks to have
litigated in the hearing with respect to the license amendment request.
Requests
[[Page 8703]]
for hearing and petitions for leave to intervene shall be filed in
accordance with the NRC's ``Agency Rules of Practice and Procedure'' 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. The NRC's regulations
are accessible electronically from the NRC Library on the NRC's Web
site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must 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 hearing request or petition must
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 hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
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 that the NRC must make to
support the granting of a license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or 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 petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify 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. A
requestor/petitioner who does not satisfy these requirements for 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 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 NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Hearing requests or petitions for leave to intervene must be filed
no later than 60 days from the date of publication of this notice.
Requests for hearing, petitions for leave to intervene, and motions for
leave to file new or amended contentions that are filed after the 60-
day deadline will not be entertained absent a determination by the
presiding officer that the filing demonstrates good cause by satisfying
the three factors in 10 CFR 2.309(c)(1)(i)-(iii).
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 unless the
Commission finds an imminent danger to the health or safety of the
public, in which case it will issue an appropriate order or rule under
10 CFR part 2.
IV. Electronic Submissions (E-Filing)
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 governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's 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 email 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/getting-started.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
[[Page 8704]]
will be required to install a Web browser plug-in from the NRC's 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 NRC guidance
available on the NRC's 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email 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 NRC'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's public
Web site at http://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 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.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. 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)-(iii).
Attorney for licensee: Walker A. Matthews, Esquire, Southern
California Edison Company, 2244 Walnut Grove Avenue, Rosemead,
California 91770.
NRC Branch Chief: Douglas A. Broaddus.
Southern California Edison Company, San Onofre Nuclear Generating
Station, Units 2 and 3, and Independent Spent Fuel Storage
Installation, San Diego County, California, 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 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 of this notice will not
be considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requester 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 email
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 requester's basis for the need for the information in
order to meaningfully
[[Page 8705]]
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.
This provision does not extend the time for filing a request for a
hearing and petition to intervene, which must comply with the
requirements of 10 CFR 2.309.
G. 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 need for access, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requester 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) officer if that officer has been
designated to rule on information access issues.
H. Review of Grants of Access. A party other than the requester 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 granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters 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 9th day of February, 2015.
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
[[Page 8706]]
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Day Event/Activity
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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; and (ii) all contentions
whose formulation does not require access to SUNSI (+25
Answers to petition for intervention; +7 petitioner/
requestor reply).
20 U.S. 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. (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 petitioner/requester 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. 2015-03379 Filed 2-17-15; 8:45 am]
BILLING CODE 7590-01-P