[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38429-38435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13738]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-0320; NRC-2022-0131]
TMI-2 Solutions, LLC; Three Mile Island Station, Unit No. 2
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to comment, request a
hearing, and to petition for leave to intervene; order imposing
procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
issuance of an amendment to Possession Only License (POL) No. DPR-73,
issued to TMI-2 Solutions, LLC (TMI-2 Solutions) for Three Mile Island
Station, Unit No. 2 (TMI-2). The NRC received and is considering
approval of one amendment request. Pursuant to NRC regulations, TMI-2
Solutions proposes an amendment to the POL for TMI-2. This proposed
license amendment request, upon approval, would revise the POL to
replace the reference to site physical security, guard training and
qualification, and safeguards contingency plans maintained by Unit 1
[[Page 38430]]
with a TMI-2 Site Security plan compliant with NRC regulations. For
this amendment request, the NRC proposes to determine that it involves
no significant hazards consideration (NSHC). Because the amendment
request contains sensitive unclassified non-safeguards information
(SUNSI), an order imposes procedures to obtain access to SUNSI for
contention preparation by persons who file a hearing request or
petition for leave to intervene.
DATES: Submit comments by July 28, 2022. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date. Requests for a hearing or petition for leave to intervene
must be filed by August 29, 2022. Any potential party as defined in
section 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 July 8, 2022.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0131. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Amy Snyder, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, telephone: 301 415-6822, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0131, facility name, unit
number(s), docket number(s), application date, and subject when
contacting the NRC about the availability of information for this
action. You may obtain publicly available information related to this
action by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0131.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2022-0131, facility name, unit number(s), docket
number(s), application date, and subject, in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering issuance of an amendment to POL No. DPR-73,
issued to TMI-2 Solutions for TMI-2 located in Dauphin County,
Pennsylvania.
By letter dated May 13, 2021, as supplemented on September 21,
2021, and on March 31, April 28, May 3 (non-public), May 9 (non-
public), and May 10, 2022, TMI-2 Solutions submitted a license
application request seeking NRC review and approval of modification to
License Condition 2.C.(2) for the TMI-2 license in support of the TMI-
Station Independent Spent Fuel Installation Only Physical Security
Plan. In the March 31 supplement, TMI-2 Solutions stated that TMI-2
Solutions will develop a Security Plan document (its own plan), instead
of the site physical security, guard training and qualification, and
safeguards contingency plans maintained by Unit 1.
Before issuance of the proposed license amendment, the NRC will
need to make the findings required by the Atomic Energy Act of 1954, as
amended (the Act), and NRC's regulations.
The NRC has made a proposed determination that the license
amendment request involves NSHC. Under the NRC's regulations in 10 CFR
50.92 ``Issuance of amendment,'' 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 provided an analysis of the
issue of NSHC. The staff reviewed this analysis and provided its
preliminary evaluation of it below:
1. Does the proposed amendment involve a significant increase in the
probability or consequences of an accident previously evaluated?
Response: No.
The proposed change would revise the TMI-2 POL by revising TMI-2
License Condition 2.C.(2), Physical Protection, to refer to a security
plan specific to TMI-2 that is compliant with 10 CFR part 37 ``Physical
protection of category 1 and category 2 quantities of radioactive
material'' to implement the requirements for 10 CFR 73.67 and part 37
material. During post-defueling monitored storage (PDMS), the
activities
[[Page 38431]]
occurring at the site and the form of the radiological material present
have low safety and security risk profiles, and as such, a significant
increase in the probability or consequences of an accident previously
evaluated would not be created by the proposed amendment.
TMI-2 plans to transition from PDMS into DECON following the
current planning phase and provided this amendment request is approved,
and during this phase risks would be further reduced. DECON is one of
three decommissioning methods defined by NRC. Once TMI-2 has entered
DECON, special nuclear material (SNM) will be retrieved and aggregated
to be placed into dry cask storage using various shapes and sizes of
containers to place into a basket and canister. To minimize aggregating
the remaining SNM, the core debris will be generally packaged and
loaded as it is retrieved. These canisters will then be transferred to
an expanded Independent Spent Fuel Storage Installation (ISFSI) inside
the Three Mile Island Station, Unit No. 1, ISFSI fence to store the
canisters after Three Mile Island, Unit 1 (TMI-1) completes their spent
fuel transfer campaign to the ISFSI. On-site transfers will utilize
storage systems fundamentally similar to those in use by TMI-1 for
Spent Fuel (NAC MAGNASTOR). These storage system designs will have been
certified by the NRC for such use because they satisfy applicable
requirements for safety and security. Using these certified storage
systems will assure there are no increases in accident probability or
consequences involved with the proposed amendment.
2. Does the proposed amendment create the possibility of a new or
different kind of accident from any accident previously evaluated?
Response: No.
The proposed change would revise the TMI-2 POL by revising TMI-2
License Condition 2.C.(2), Physical Protection, and would not create
the possibility of a new or different kind of accident from that
previously evaluated. When TMI-2 is in the PDMS condition no major
decommissioning activities will occur, and there will no longer be any
equipment or facilities that need to be protected because there are no
designated Target Sets for TMI-2. Based on the above, the NRC
preliminarily concludes that during PDMS the proposed amendment would
not create the possibility of a new or different kind of accident from
any accident previously evaluated.
TMI-2 plans to transition from PDMS into DECON following the
current planning phase and provided this amendment request is approved.
Once TMI-2 has entered DECON, SNM will be retrieved and aggregated to
be placed into dry cask storage using various shapes and sizes of
containers to place into a basket and canister. To minimize aggregating
the remaining SNM, the core debris will be generally packaged and
loaded as it is retrieved. These canisters will then be transferred to
an expanded ISFSI inside the TMI-1 ISFSI fence to store the canisters
after TMI-1 completes their spent fuel transfer campaign to the ISFSI.
On-site transfers will utilize storage systems fundamentally similar to
those in use by TMI-1 for Spent Fuel (NAC MAGNASTOR). These storage
system designs will have been certified by the NRC for such use because
they satisfy applicable requirements for safety and security. This
certification assures that no new or different kind of accidents from
any accident previously evaluated will be created as a consequence of
the proposed amendment.
3. Does the proposed amendment involve a significant reduction in a
margin of safety?
Response: No.
The proposed change would revise the TMI-2 POL by revising TMI-2
License Condition 2.C.(2), Physical Protection. This change would not
involve a significant reduction in a margin of safety for the following
reasons. While TMI-2 is in the PDMS, no major decommissioning
activities will occur. As stated by NRC in a previous letter dated
April 2, 2013, for an exemption from certain security requirements of
10 CFR part 73.55, the NRC determined that the remaining radioactive
material is in a form that does not pose a risk of removal and is well
dispersed and is not easily aggregated; the potential for radiological
sabotage or diversion of SNM at the 10 CFR part 50 licensed site was
eliminated; there is no longer any equipment or facilities that need to
be protected; and there are no designated Target Sets for TMI Unit 2.
Thus, during PDMS, as the potential for radiological sabotage has been
eliminated, the requested amendment would not result in a reduction in
the margin of safety.
During DECON, to minimize aggregating the remaining SNM, the core
debris will be generally packaged and loaded as it is retrieved. SNM
will not be aggregated any more than is necessary to load a canister.
These canisters will then be transferred to an expanded ISFSI inside
the TMI-1 ISFSI fence to store the canisters after TMI-1 completes
their spent fuel transfer campaign to the ISFSI. This campaign is
scheduled to be completed in the Summer of 2022. Also, on-site
transfers will use storage systems fundamentally similar to those in
use by TMI-1 for Spent Fuel (NAC MAGNASTOR). These storage system
designs will have been certified by the NRC for such use because they
satisfy applicable requirements for safety and security. This
certification assures that a significant reduction in a margin of
safety would not be involved as a consequence of the proposed
amendment.
Based on the staff's review, it appears that the three standards of
10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to
determine that the license amendment request involves NSHC.
The NRC is seeking public comments on this proposed determination
that the license amendment request involves NSHC. 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 notice period if the Commission concludes the amendment involves
NSHC. In addition, the Commission may issue the amendment prior to the
expiration of the 30-day comment period if circumstances change during
the 30-day comment period such that failure to act in a timely way
would result, for example, in derating or shutdown of the facility. If
the Commission takes 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. If the Commission makes a final NSHC
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 notice, any
persons (petitioner) whose interest may be affected by any of these
actions may file a request for a hearing and petition for leave to
intervene (petition) with respect to that action. Petitions shall be
filed in accordance with the Commission's ``Agency Rules of Practice
and Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations
[[Page 38432]]
are accessible electronically from the NRC Library on the NRC's public
website at https://www.nrc.gov/reading-rm/doc-collections/cfr. If a
petition is filed, the Commission or a presiding officer will rule on
the petition and, if appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) the name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right to be made a party
to the proceeding; (3) the nature and extent of the 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 petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions that the petitioner seeks to have
litigated in 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 petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion that support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one that, if
proven, would entitle the petitioner to relief. A petitioner who fails
to satisfy the requirements at 10 CFR 2.309(f) 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.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
If a hearing is requested, and the Commission has not made a final
determination on the issue of NSHC, the Commission will make a final
determination on the issue of NSHC. The final determination will serve
to establish when the hearing is held. If the final determination is
that the amendment request involves NSHC, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing 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 the amendment unless the
Commission finds an imminent danger to the health or safety of the
public, in which case it will issue an appropriate order or rule under
10 CFR part 2.
A State, local governmental body, Federally recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document and
should meet the requirements for petitions set forth in this section,
except that under 10 CFR 2.309(h)(2) a State, local governmental body,
or Federally recognized Indian Tribe, or agency thereof does not need
to address the standing requirements in 10 CFR 2.309(d) if the facility
is located within its boundaries. Alternatively, a State, local
governmental body, Federally recognized Indian Tribe, or agency thereof
may participate as a non-party under 10 CFR 2.315(c).
If a petition is submitted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted 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
his or her 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 the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
IV. Electronic Submissions and E-Filing
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's
[[Page 38433]]
public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is
submitted through the NRC's E-Filing system. To be timely, an
electronic filing must be submitted to the E-Filing system no later
than 11:59 p.m. ET on the due date. Upon receipt of a transmission, the
E-Filing system time-stamps the document and sends the submitter an
email confirming receipt of the document. The E-Filing system also
distributes an email that provides access to the document to the NRC's
Office of the General Counsel and any others who have advised the
Office of the Secretary that they wish to participate in the
proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9:00
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
V. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS.
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Document ADAMS accession No.
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Three Mile Island, Unit 2 License ML21144A262 (non-public,
Amendment Request--Delete License withheld pursuant to 10 CFR
Condition 2.C.(2) Physical Protection, 2.390).
dated May 13, 2021.
Three Mile Island, Unit 2--License ML21267A505.
Amendment Request--Revised License
Condition 2.C.(2) Physical Protection--
Supplemental Information, dated September
21, 2021.
Three Mile Island Unit 2--Physical ML22102A304 (Package).
Security Plan Response to March18
Supplemental Information Request, dated
March 31, 2022.
Three Mile Island 2--Security Plan ML22125A013.
Proposed Revision License Condition
2.C.(2) (EPID: L[dash]2021-LLA-0103)
Proposed License Condition--partial
response, dated April 28, 2022.
Three Mile Island Nuclear Station, Unit 2 ML22138A281 (non-public,
(TMl-2)--Supplemental Letter to Three withheld pursuant to 10 CFR
Mile Island Nuclear Station, Unit 2 (TMl- 2.390).
2)--License Amendment Request--Delete
License Condition 2.C.(2) Physical
Protection, dated May 9, 2022.
Three Mile Island, Unit 2--E-mail from T. ML22131A138.
Devik, EnergySolutions TMI-2, to A.
Snyder, NRC, Physical Security Plan May 9
Submittal Typo Correction, dated May 10,
2022.
NRC Letter from L. Camper (NRC) to J. Lash ML112351129.
(FirstEnergy Corporation), ``Three Mile
Island Nuclear Power Station Unit 2--
Issuance of Exemption from Certain
Security Requirements of 10 CFR part
73.55 (TAC NO. J00391),'' dated April 2,
2013.
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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 or
opportunity for hearing, any potential party who believes access to
SUNSI is necessary to respond to this notice may request access to
SUNSI. 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 requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Deputy General Counsel
for Licensing, Hearings, and Enforcement, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
The expedited delivery or courier mail address for both offices is:
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
[[Page 38434]]
Maryland 20852. The email addresses for the Office of the Secretary and
the Office of the General Counsel are [email protected] and
[email protected], respectively.\1\ The request must
include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); 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, 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), 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
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its 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
after a determination on standing and requisite need, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if this individual is unavailable, another
administrative judge, or an Administrative Law Judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
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 within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if this
individual is unavailable, another administrative judge, or an
Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a);
or (c) if another officer has been designated to rule on information
access issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) apply to
appeals of NRC staff determinations (because they must be served on
a presiding officer or the Commission, as applicable), but not to
the initial 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. The
attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated: June 23, 2022.
For the Nuclear Regulatory Commission.
Rochelle C. Bavol,
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 or opportunity for hearing,
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).
[[Page 38435]]
20....................... U.S. Nuclear Regulatory Commission (NRC)
staff informs the requestor of the staff's
determination whether the request for access
provides a reasonable basis to believe
standing can be established and shows need
for SUNSI. (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/requestor to file a motion
seeking a ruling to reverse the NRC staff's
denial of access; NRC staff files copy of
access determination with the presiding
officer (or Chief Administrative Judge or
other designated officer, as appropriate).
If NRC staff finds ``need'' for SUNSI, the
deadline for any party to the proceeding
whose interest independent of the proceeding
would be harmed by the release of the
information to file a motion seeking a
ruling to reverse the NRC staff's grant of
access.
30....................... Deadline for NRC staff reply to motions to
reverse NRC staff determination(s).
40....................... (Receipt +30) If NRC staff finds standing and
need for SUNSI, deadline for NRC staff to
complete information processing and file
motion for Protective Order and draft Non-
Disclosure Agreement or Affidavit. Deadline
for applicant/licensee to file Non-
Disclosure Agreement or Affidavit for SUNSI.
A........................ If access granted: issuance of presiding
officer or other designated officer decision
on motion for protective order for access to
sensitive information (including schedule
for providing access and submission of
contentions) or decision reversing a final
adverse determination by the NRC staff.
A + 3.................... Deadline for filing executed Non-Disclosure
Agreements or Affidavits. Access provided to
SUNSI consistent with decision issuing the
protective order.
A + 28................... Deadline for submission of contentions whose
development depends upon access to SUNSI.
However, if more than 25 days remain between
the petitioner's receipt of (or access to)
the information and the deadline for filing
all other contentions (as established in the
notice of hearing or notice of opportunity
for hearing), the petitioner may file its
SUNSI contentions by that later deadline.
A + 53................... (Contention receipt +25) Answers to
contentions whose development depends upon
access to SUNSI.
A + 60................... (Answer receipt +7) Petitioner/Intervenor
reply to answers.
>A + 60.................. Decision on contention admission.
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[FR Doc. 2022-13738 Filed 6-27-22; 8:45 am]
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