[7590-01-P]

NUCLEAR REGULATORY COMMISSION 

Docket No. 40-9086, NRC-2010-0143 

Notice of Opportunity to Request a Hearing for the License Application from International 

Isotopes Fluorine Products, Inc., for a Fluoride Extraction and Uranium Deconversion 

Facility in Lea County New Mexico and Order Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards Information 

AGENCY: Nuclear Regulatory Commission (NRC). 

ACTION: Notice of license application and opportunity to request a hearing and to petition for 

leave to intervene, and Commission order imposing procedures for access to sensitive 

unclassified non-safeguards information (SUNSI). 

DATES: Requests for a hearing or leave to intervene must be filed by [INSERT DATE: 60 

DAYS FROM DATE OF PUBLICATION.]. Any potential party as defined in 10 CFR 2.4 who 

believes access to SUNSI is necessary to respond to this notice must request document access 

by [INSERT DATE: 10 DAYS FROM DATE OF PUBLICATION.] 

FOR FURTHER INFORMATION CONTACT: Matt Bartlett, Project Manager, Advanced Fuel 

Cycle, Enrichment, and Uranium Conversion Branch, Division of Fuel Cycle Safety and 

Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 

Commission, Mail Stop EBB2-C40M, Washington, DC 20555-0001, Telephone: (301) 492-

3119; Fax number: (301) 492-3363; e-mail: matthew.bartlett@nrc.gov. 
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SUPPLEMENTARY INFORMATION: 

I. Introduction

 The Nuclear Regulatory Commission (NRC) has received, by letter dated 

December 30, 2009, an application from International Isotopes Fluorine Products, Inc. (IIFP), for 

a proposed fluoride extraction and depleted uranium deconversion facility in Lea County, New 

Mexico. 

 Issuance of a license would authorize the applicant to process depleted uranium 

hexafluoride (DUF6) into commercially resalable fluoride products and depleted uranium oxide 

(for disposal). Specifically, the plant is projected to be capable of deconverting up to 7.5 million 

pounds per year of DUF6 provided by commercial enrichment facilities throughout the United 

States. The process is primarily chemical, but because it also involves NRC-licensed source 

material, IIFP would have to comply with applicable portions of 10 CFR Part 40, among other 

regulations. 

 An NRC administrative review, documented in a letter to IIFP dated February 23, 2010 

(ML100480302), found the application acceptable to begin a technical review. If the NRC 

approves the application, the approval will be documented with an issuance of a NRC License. 

However, before reaching a decision on the proposed application, the NRC will need to make 

the findings required by the Atomic Energy Act of 1954, as amended, and NRC's regulations. 

These findings will be documented in a Safety Evaluation Report and an Environmental Impact 

Statement. 

II. Opportunity to Request a Hearing 

Requirements for hearing requests and petitions for leave to intervene are found in 

10 CFR 2.309, “Hearing requests, Petitions to Intervene, Requirements for Standing, and 

Contentions.” Interested persons should consult 10 CFR 2.309, which is available at the NRC’s 
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Public Document Room (PDR), located at O1-F21, One White Flint North, 11555 Rockville Pike, 

Rockville, MD 20852 (or call the PDR at (800) 397-4209 or (301) 415-4737). NRC regulations 

are also accessible electronically from the NRC’s Electronic Reading Room on the NRC Web 

site at http://www.nrc.gov.

III. Petitions for Leave to Intervene

Any person whose interest may be affected by this proceeding and who wishes to 

participate as a party in the proceeding must file a written petition for leave to intervene. As 

required by 10 CFR 2.309, a petition for leave to intervene shall set forth with particularity the 

interest of the petitioner in the proceeding and how that interest may be affected by the results 

of the proceeding. The petition must provide the name, address, and telephone number of the 

petitioner and specifically explain the reasons why intervention should be permitted with 

particular reference to the following factors: (1) The nature of the petitioner’s right under the Act 

to be made a party to the proceeding; (2) the nature and extent of the petitioner’s property, 

financial, or other interest in the proceeding; and (3) the possible effect of any order that may be 

entered in the proceeding on the petitioner’s interest. 

A petition for leave to intervene must also include a specification of the contentions that 

the petitioner seeks to have litigated in the hearing. For each contention, the 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 petitioner must demonstrate 

that the issue raised by each contention is within the scope of the proceeding and is material to 

the findings the NRC must make to support the granting of a license amendment in response to 

the application. The petition must also include a concise statement of the alleged facts or 

expert opinions which support the position of the petitioner and on which the petitioner intends 

to rely at hearing, together with references to the specific sources and documents on which the 
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petitioner intends to rely. Finally, the petition must provide sufficient information to show that a 

genuine dispute exists with the applicant on a material issue of law or fact, including references 

to specific portions of the application for amendment that the petitioner disputes and the 

supporting reasons for each dispute, or, if the petitioner believes that the application for 

amendment fails to contain information on a relevant matter as required by law, the identification 

of each failure and the supporting reasons for the petitioner’s belief. Each contention must be 

one that, if proven, would entitle the petitioner to relief. 

Those permitted to intervene become parties to the proceeding, subject to any 

limitations in the order granting leave to intervene, and have the opportunity to participate fully in 

the conduct of the hearing with respect to resolution of that person’s admitted contentions, 

including the opportunity to present evidence and to submit a cross-examination plan for crossexamination of witnesses, consistent with NRC regulations, policies, and procedures. The 

Licensing Board will set the time and place for any prehearing conferences and evidentiary 

hearings, and the appropriate notices will be provided. 

Non-timely petitions for leave to intervene and contentions, amended petitions, and 

supplemental petitions will not be entertained absent a determination by the Commission, the 

Licensing Board or a Presiding Officer that the petition should be granted and/or the contentions 

should be admitted based upon a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-

(viii). 

A State, county, municipality, Federally-recognized Indian Tribe, or agencies thereof, 

may submit a petition to the Commission to participate as a party under 10 CFR 2.309(d)(2). 

The petition should state the nature and extent of the petitioner’s interest in the proceeding. 

The petition should be submitted to the Commission by [INSERT DATE: 60 DAYS FROM THE 

DATE OF PUBLICATION OF THIS FEDERAL REGISTER NOTICE]. The petition must be filed 
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in accordance with the filing instructions in section IV of this document, and should meet the 

requirements for petitions for leave to intervene set forth in this section. The entities listed 

above may also seek to participate in a hearing as a nonparty pursuant to 10 CFR 2.315(c). 

Any person who does not wish, or is not qualified, to become a party to this proceeding 

may request permission to make a limited appearance pursuant to the provisions of 

10 CFR 2.315(a). A person making a limited appearance may make an oral or written 

statement of position on the issues, but may not otherwise participate in the proceeding. A 

limited appearance may be made at any session of the hearing or at any prehearing 

conference, subject to such limits and conditions as may be imposed by the Licensing Board. 

Persons desiring to make a limited appearance are requested to inform the Secretary of the 

Commission by [INSERT DATE: 60 DAYS FROM THE DATE OF PUBLICATION OF THIS 

FEDERAL REGISTER NOTICE]. 

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 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 ten (10) days prior to the 

filing deadline, the participant should contact the Office of the Secretary by e-mail at 
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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-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/sitehelp/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 an electronic information exchange, 

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/esubmittals.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. 
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Submissions should be in Portable Document Format 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 (ET) 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., ET, 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, 
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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. Participants are requested not to include copyrighted 

materials in their submission, except for limited excerpts that serve the purpose of the 

adjudicatory filings and would constitute a Fair Use application. 

 Petitions for leave to intervene must be filed no later than 60 days from [INSERT DATE 

OF PUBLICATION IN FEDERAL REGISTER]. 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). 
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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 Sensitive Unclassified NonSafeguards Information (SUNSI). 

B. Within 10 days after publication of this notice of hearing and opportunity to 

petition for leave to intervene, any potential party who believes access to SUNSI is necessary to 

respond to this notice may request such access. A “potential party” is any person who intends 

to participate as a party by demonstrating standing and filing an admissible contention under 

10 CFR 2.309. Requests for access to SUNSI submitted later than 10 days after publication will 

not be considered absent a showing of good cause for the late filing, addressing why the 

request could not have been filed earlier. 

C. The requester shall submit a letter requesting permission to access SUNSI to the 

Office of the Secretary, U.S. Nuclear Regulatory Commission (NRC), 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 

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. 
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(1) A description of the licensing action with a citation to this Federal Register notice; 

(2) The name and address of the potential party and a description of the potential 

party’s particularized interest that could be harmed by the action identified in C.(1); 

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

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. 

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 
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or Affidavit, or Protective Order2

 setting forth terms and conditions to prevent the unauthorized 

or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI. 

F. Filing of Contentions. Any contentions in these proceedings that are based upon 

the information received as a result of the request made for SUNSI must be filed by the 

requestor no later than 25 days after the requestor is granted access to that information. 

However, if more than 25 days remain between the date the petitioner is granted access to the 

information and the deadline for filing all other contentions (as established in the notice of 

hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later 

deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI is denied by the NRC staff either after a 

determination on standing and need for access, or after a determination on trustworthiness and 

reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) The 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. 

 

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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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

 

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 30th day of March 2010. 

 For the Commission. 

 

 /RA/ 

 

 Annette L. Vietti-Cook. 

 Secretary of the Commission. 

 

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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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 NonSafeguards Information (SUNSI) with information: supporting the standing of 

a potential party identified by name and address; describing the need for the 

information in order for the potential party to participate meaningfully in an 

adjudicatory proceeding. 

60 Deadline for submitting petition for intervention containing: (i) Demonstration 

of standing; (ii) all contentions whose formulation does not require access to 

SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor 

reply). 

20 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 
14

Day Event/Activity 

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. 
15

Day Event/Activity 

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.