Applications and Amendments to Facility Operating Licenses Involving Proposed no Significant Hazards Considerations, etc.

Federal Register: December 8, 2009 (Volume 74, Number 234)

Notices

Page 64744-64749

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr08de09-95

NUCLEAR REGULATORY COMMISSION

NRC-2009-0513

Applications and Amendments to Facility Operating Licenses

Involving Proposed No Significant Hazards Considerations and Containing

Sensitive Unclassified Non-Safeguards Information and Order Imposing

Procedures for Access to Sensitive Unclassified Non-Safeguards

Information

1. Background

   Pursuant to section 189a. (2) of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear Regulatory Commission (the

   Commission or NRC staff) is publishing this notice. The Act requires the Commission publish notice of any amendments issued, or proposed to be issued and grants the Commission the authority to issue and make immediately effective any amendment to an operating license upon a determination by the Commission that such amendment involves no significant hazards consideration, notwithstanding the pendency before the Commission of a request for a hearing from any person.

   This notice includes notices of amendments containing sensitive unclassified non-safeguards information (SUNSI).

   Notice of Consideration of Issuance of Amendments to Facility Operating

   Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing

   The Commission has made a proposed determination that the following amendment requests involve no significant hazards consideration. Under the Commission's regulations in Title 10 of the Code of Federal

   Regulations (10 CFR), Section 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. The basis for this proposed determination for each amendment request is shown below.

   The Commission is seeking public comments on this proposed determination. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination.

   Page 64745

   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.

   Written comments may be submitted by mail to the Chief, Rulemaking and Directives Branch (RDB), TWB-05-B01M, Division of Administrative

   Services, Office of Administration, U.S. Nuclear Regulatory Commission,

   Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Written comments may also be faxed to the RDB at 301-492-3446. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at

   One White Flint North, Public File Area O1 F21, 11555 Rockville Pike

   (first floor), Rockville, Maryland.

   Within 60 days after the date of publication of this notice, any person(s) whose interest may be affected by this action may file a request for a hearing and a petition to intervene with respect to issuance of the amendment to the subject facility operating license.

   Requests for a hearing and a petition for leave to intervene shall be filed in accordance with the Commission's ``Rules of Practice for

   Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested person(s) should consult a current copy of 10 CFR 2.309, which is available at the Commission's PDR, located at One White Flint North, Public File

   Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland or at http://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002- 0309.html. Publicly available records will be accessible from the

   Agencywide Documents Access and Management System's (ADAMS) Public

   Electronic Reading Room on the Internet at the NRC Web site, http:// www.nrc.gov/reading-rm.html. If a request for a hearing or petition for leave to intervene is filed within 60 days, the Commission or a presiding officer designated by the Commission or by the Chief

   Administrative Judge of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition; and the Secretary or the

   Chief Administrative Judge of the Atomic Safety and Licensing Board will issue a notice of a hearing or an appropriate order.

   As required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements: (1) The name, address, and telephone number of the requestor or petitioner; (2) the nature of the requestor's/petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the requestor's/petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the requestor's/petitioner's interest. The petition must also set forth the specific contentions which the petitioner/requestor seeks to have litigated at the proceeding.

   Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner/requestor shall provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner/ requestor intends to rely in proving the contention at the hearing. The petitioner/requestor must also provide references to those specific sources and documents of which the petitioner is aware and on which the petitioner/requestor intends to rely to establish those facts or expert opinion. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions shall be limited to matters within the scope of the amendment under consideration. The contention must be one which, if proven, would entitle the petitioner/requestor to relief. A petitioner/ requestor who fails to satisfy these requirements with respect to at least one contention will not be permitted to participate as a party.

   Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing.

   If a hearing is requested, and the Commission has not made a final determination on the issue of no significant hazards consideration, the

   Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment.

   All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, (August 28, 2009; 72 FR 49139). 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 ten (10) days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by telephone at (301) 415-1677, to request

   (1) a digital 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-

   Page 64746

   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 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 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 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 on-line, web-based submission form. In order to serve documents through EIE, 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 NRC guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e- submittals.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The

   E-Filing system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system.

   A person filing electronically using the agency's adjudicatory E-

   Filing system may seek assistance by contacting the NRC Meta-System

   Help Desk through the ``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at

   MSHD.Resource@nrc.gov, or by a toll-free call at (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

   NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/EHD_Proceeding/home.asp, 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 December 8, 2009. 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).

   Documents submitted in adjudicatory proceedings will appear in

   NRC's electronic hearing docket which is available to the public at http://ehd.nrc.gov/ehd_proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a 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.

   For further details with respect to this amendment action, see the application for amendment which is available for public inspection at the Commission's PDR, located at One White Flint North, Public File

   Area 01F21, 11555 Rockville Pike (first floor), Rockville, Maryland.

   Publicly available records will be accessible electronically from the

   ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.

   South Carolina Electric & Gas Company, South Carolina Public Service

   Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit

   No. 1, Fairfield County, SC

   Date of amendment request: June 9, 2009.

   Description of amendment request: This amendment request contains sensitive unclassified non-safeguards information (SUNSI). The amendment(s) would revise Technical Specification

   Page 64747

   5.3.1, ``Fuel Assemblies,'' by adding Optimized ZIRLOTMas an acceptable fuel rod cladding material. Additionally TS 6.9.1.11,

   ``Core Operating Limits Report,'' is being revised to add reports WCAP- 12610-P-A, ``VANTAGE + Fuel Assembly Reference Core Report,'' April 1995, (W Proprietary) and CENPD-404-P-A, ``Optimized

   ZIRLOTM,'' Addendum 1-A, July 2006, to the analytical methods used to determine the core operating limits.

   Basis for proposed no significant hazards consideration determination: As required by Title 10 of the Code of Federal

   Regulations (10 CFR) 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below:

   South Carolina Electric & Gas (SCE&G) has evaluated whether or not a significant hazards consideration is involved with the proposed amendment by focusing on the three standards set forth in 10 CFR 50.92, ``Issuance of amendment,'' as discussed below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated?

   Response: No.

   The proposed Technical Specification change is to add Optimized

   ZIRLOTMto the allowable or approved cladding materials to be used at Virgil C. Summer Nuclear Station (VCSNS). The proposed change of adding a cladding material does not result in an increase to the probability or consequences of an accident previously evaluated. Technical Specifications (TS 5.3.1) address the reactor core assemblies that specify, ``Each fuel assembly shall consist of 264 Zicaloy-4 or ZIRLOTMclad fuel rods* * *'' The proposed change will add Optimized ZIRLOTMto the approved fuel rod cladding materials. Additionally, reference to

   WCAP-12610-P-A, ``VANTAGE + Fuel Assembly Reference Core Report,''

   April 1995 (W Proprietary) and WCAP-12610-P-A & CENPD-404-P-A,

   Addendum 1-A, ``Optimized ZIRLOTM,'' July 2006 (W

   Proprietary) will be included to the listing of documents previously reviewed and approved by the NRC within TS 6.9.1.11.

   Westinghouse Electric Company, LLC (Westinghouse) topical report

   WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A ``Optimized

   ZIRLOTM,'' July 2006, provides the details and results of material testing of Optimized ZIRLOTMcompared to standard ZIRLOTMas well as the material properties to be used in various models and methodologies when analyzing Optimized

   ZIRLOTM. As the nuclear industry pursues longer operating cycles with increased fuel discharge burnup and fuel duty, the corrosion performance requirements for the nuclear fuel cladding become more demanding. Optimized ZIRLOTMwas developed to meet these needs and provides a reduced corrosion rate while maintaining the benefits of mechanical strength and resistance to accelerated corrosion from abnormal chemistry conditions. In addition, fuel rod internal pressures (resulting from the increased fuel duty, use of integral fuel burnable absorbers, and corrosion/ temperature feedback effects) have become more limiting with respect to fuel rod design criteria. Reducing the associated corrosion buildup and thus minimizing temperature feedback effects, provides additional margin to the fuel rod internal pressure design criterion. Therefore, adding Optimized ZIRLOTMto the approved fuel rod cladding materials does not result in an increase to the probability or consequences of an accident previously evaluated.

   The U.S. Nuclear Regulatory Commission (NRC) has allowed use of

   Optimized ZIRLOTMfuel cladding material in Westinghouse fueled reactors provided that licensees ensure compliance with the conditions and limitations set forth within NRC Safety Evaluation

   (SE) for the topical report. The conditions and limitations are the current requirements and confirmation of these conditions is required as part of the core reload process. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated?

   Response: No.

   The proposed Technical Specification change is to add Optimized

   ZIRLOTMto the allowable or approved cladding materials to be used at VCSNS. Optimized ZIRLOTMwas developed to provide a reduced corrosion rate while maintaining the benefits of mechanical strength and resistance to accelerated corrosion from abnormal chemistry conditions. The fuel rod design bases are established to satisfy the general and specific safety criteria addressed within FSAR Chapter 15, Accident Analyses and TSs. The fuel rods are designed to prevent excessive fuel temperatures, excessive internal rod gas pressures due to fission gas releases, and excessive cladding stresses and strains. Westinghouse topical report WCAP-12610-P-A and CENPD-404-P-A, Addendum 1-A ``Optimized

   ZIRLOTM,'' July 2006, provides the details and results of material testing of Optimized ZIRLOTMcompared to standard ZIRLOTMas well as the material properties to be used in various models and methodologies when analyzing Optimized

   ZIRLOTM. The original design basis requirements have been maintained. Therefore, the change in material does not create the possibility of a new or different kind of accident or malfunction previously evaluated within the FSAR. 3. Does the proposed change involve a significant reduction in a margin of safety?

   Response: No.

   The cladding material used in the fuel rods are designed and tested to prevent excessive fuel temperatures, excessive internal rod gas pressure due to fission gas releases and excessive cladding stresses and strains. Optimized ZIRLOTMwas developed to meet these needs and provides a reduced corrosion rate while maintaining the benefits of mechanical strength and resistance to accelerated corrosion from abnormal chemistry conditions.

   Westinghouse topical report WCAP-12610-P-A and CENPD-404-P-A,

   Addendum 1-A ``Optimized ZIRLOTM,'' July 2006, provides the details and results of material testing of Optimized

   ZIRLOTMcompared to standard ZIRLOTMas well as the material properties to be used in various models and methodologies when analyzing Optimized ZIRLOTM. The NRC has allowed use of Optimized ZIRLOTMfuel cladding material detailed within this topical report as detailed within their Safety Evaluation (SE). The original design basis requirements have been maintained. Therefore, the change in material does not result in a reduction in margin required to preclude or reduce the effects of an accident or malfunction previously evaluated in the

   FSAR.

   Based on the above, SCE&G concludes that the proposed amendment present no significant hazards consideration under the standards set forth in 10 CFR 50.92(c), and, accordingly, a finding of no significant hazards consideration is justified.

   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.

   NRC Branch Chief: Gloria J. Kulesa.

   Attorney for licensee: J. Hagood Hamilton, Jr., South Carolina

   Electric & Gas Company, Post Office Box 764, Columbia, South Carolina 29218.

   Order Imposing Procedures for Access to Sensitive Unclassified Non-

   Safeguards Information for Contention Preparation

   South Carolina Electric & Gas Company, South Carolina Public Service

   Authority, Docket No. 50-395, Virgil C. Summer Nuclear Station, Unit

   No. 1, Fairfield County, SC

   1. This Order contains instructions regarding how potential parties to this proceeding may request access to documents containing Sensitive

      Unclassified Non-Safeguards Information (SUNSI).

   2. 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.

   3. The requester shall submit a letter requesting permission to access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory

      Commission,

      Page 64748

      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

      Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, respectively.\1\ The request must include the following information:

      \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.

      (1) A description of the licensing action with a citation to this

      Federal Register notice;

      (2) The name and address of the potential party and a description of the potential party's particularized interest that could be harmed by the action identified in C.(1);

      (3) The identity of the individual or entity requesting access to

      SUNSI and the requester'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;

   4. 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.

   5. 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.

      \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.

   6. 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.

   7. 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 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) if another officer has been designated to rule on information access issues, with that officer.

   8. 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\

      \3\ Requesters should note that the filing requirements of the

      NRC's E-Filing Rule (August 28, 2007; 72 FR 49139) 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.

1. 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 30th day of November 2009.

   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).

   Page 64749

   20........................... 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.

   FR Doc. E9-28972 Filed 12-7-09; 8:45 am

   BILLING CODE 7590-01-P