[Federal Register Volume 75, Number 27 (Wednesday, February 10, 2010)]
[Notices]
[Pages 6731-6736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2976]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

 [Docket No. 50-261; NRC-2010-0027]


Carolina Power & Light Company; Notice of Consideration of 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination and Opportunity for a 
Hearing, and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
DPR-23 issued to Carolina Power & Light Company (the licensee) for 
operation of the H. B. Robinson Steam Electric Plant, Unit 2, located 
in Darlington County, South Carolina.
    The December 16, 2009, application (Agencywide Documents Access and 
Management System (ADAMS) Accession No. ML093631212) contains 
proprietary information, which the Commission classifies as sensitive 
unclassified non-safeguards information (SUNSI). The proposed amendment 
would modify Technical Specification (TS) 5.5.9 to revise the steam 
generator (SG) alternate repair criteria and TS 5.6.8 to revise the SG 
tube inspection reporting requirements. Specifically, the proposed 
change would revise requirements in TS 5.5.9, called alternate repair 
criteria, which would allow inspection of the tube to start within the 
tubesheet region (a minimum of 17.28 inches below the top of the 
tubesheet) and add requirements to report indications in this region 
and primary to secondary leakage that could be attributed to the 
uninspected portion of the tube within the tubesheet. The change is 
being proposed as a temporary requirement until the next scheduled 
inspection.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and the Commission's regulations.
    The Commission has made a proposed determination that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 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. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. The Proposed Change Does Not Involve a Significant Increase 
in the Probability or Consequences of an Accident Previously 
Evaluated.
    The proposed change does not involve physical changes to any 
plant structure, system, or component. The inspection of the portion 
of the steam generator tubes within the tubesheet region is being 
changed to identify the appropriate scope of inspection and the 
criteria for plugging tubes that are found with degradation. The 
proposed requirements will continue to ensure that the probability 
of a steam generator tube rupture accident is not increased. 
Therefore, the probability of occurrence for a previously analyzed 
accident is not significantly increased.
    The consequences of a previously analyzed accident are dependent 
on the initial conditions assumed for the analysis, the behavior of 
the fission product barriers during the analyzed accident, the 
availability and successful functioning of the equipment assumed to 
operate in response to the analyzed event, and the setpoints at 
which these actions are initiated. The proposed inspection and 
repair requirements will ensure that the plant continues to meet 
applicable design and safety analyses acceptance criteria. The 
proposed change does not affect the performance of any equipment 
used to mitigate the consequences of an analyzed accident. As a 
result, no analysis assumptions are impacted and there are no 
adverse effects on the factors that contribute to offsite or onsite 
dose as a result of an accident. The proposed change does not affect 
setpoints that initiate protective or mitigative actions. The 
proposed change ensures that plant structures, systems, and 
components are maintained consistent with

[[Page 6732]]

the safety analysis and licensing bases. Based on this evaluation, 
there is no significant increase in the consequences of a previously 
analyzed accident.
    Therefore, this change does not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    2. The Proposed Change Does Not Create the Possibility of a New 
or Different Kind of Accident From Any Previously Evaluated.
    The proposed change does not involve any physical alteration of 
plant systems, structures, or components. No new or different 
equipment is being installed. No installed equipment is being 
operated in a different manner. There is no change to the parameters 
within which the plant is normally operated or in the setpoints that 
initiate protective or mitigative actions. The proposed inspection 
and repair criteria will establish appropriate requirements to 
ensure that the steam generator tubes are properly maintained. As a 
result, no new failure modes are being introduced.
    Therefore, the proposed change does not create the possibility 
of a new or different kind of accident from any accident previously 
evaluated.
    3. The Proposed Change Does Not Involve a Significant Reduction 
in the Margin of Safety.
    The proposed change defines the safety significant portion of 
the tube that must be inspected and repaired. WCAP-17091-P 
identifies the specific inspection depth below which any type of 
tube degradation is shown to have no impact on the performance 
criteria in NEI 97-06 Rev. 2, ``Steam Generator Program Guidelines'' 
and TS 5.5.9, ``Steam Generator (SG) Program.''
    The proposed change that alters the SG inspection and reporting 
criteria maintains the required structural margins of the SG tubes 
for normal, transient, and accident conditions. Nuclear Energy 
Institute 97-06, ``Steam Generator Program Guidelines,'' and NRC 
Regulatory Guide (RG) 1.121, ``Bases for Plugging Degraded PWR Steam 
Generator Tubes,'' are used as the bases in the development of the 
limited tubesheet inspection depth methodology for determining that 
SG tube integrity considerations are maintained within acceptable 
limits. RG 1.121 describes a method acceptable to the NRC for 
meeting General Design Criteria (GDC) 14, ``Reactor Coolant Pressure 
Boundary,'' GDC 15, ``Reactor Coolant System Design,'' GDC 31, 
``Fracture Prevention of Reactor Coolant Pressure Boundary,'' and 
GDC 32, ``Inspection of Reactor Coolant Pressure Boundary,'' by 
reducing the probability and consequences of a SGTR. The probability 
and consequences of a SGTR are reduced by establishing the limiting 
safe conditions for tube wall degradation. RG 1.121 uses safety 
factors on loads for tube burst that are consistent with the 
requirements of Section III of the American Society of Mechanical 
Engineers (ASME) Code.
    For axially oriented cracking located within the tubesheet, tube 
burst is precluded due to the presence of the tubesheet. For 
circumferentially oriented cracking, Westinghouse report WCAP-17091-
P defines a length of degradation-free expanded tubing that provides 
the necessary resistance to tube pullout due to the pressure induced 
forces, with applicable safety factors applied. Application of the 
limited hot and cold leg tubesheet inspection criteria will preclude 
unacceptable primary to secondary leakage during applicable plant 
conditions. The steam line break accident leak rate factor for 
HBRSEP, Unit No. 2, is 1.82 (Table 9-7 in WCAP-17091-P). Multiplying 
this factor by the room temperature TS operational leak rate limit 
of 75 gpd through any one SG indicates that an assumed primary to 
secondary accident induced leak rate of 136.5 gpd or greater through 
any one SG is required to ensure that the limiting design basis 
accident assumption is not exceeded (at room temperature). This 
condition is satisfied by the current UFSAR assumed primary to 
secondary accident induced leak rate of 150 gpd through any one SG 
for SLB.
    Therefore, the proposed change does not involve a significant 
reduction in any margin of safety.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received 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 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 O1F21, 11555 Rockville Pike (first floor), Rockville, Maryland. 
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/doc-collections/cfr/. If a request for a hearing or petition 
for leave to intervene is filed by the above date, 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

[[Page 6733]]

effect of any decision or order which may be entered in the proceeding 
on the requestor's/petitioner's interest. The petition must also 
identify the specific contentions which the requestor/petitioner 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 
requestor/petitioner 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 
intends to rely in proving the contention at the hearing. The 
requestor/petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
petitioner 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 to relief. A requestor/petitioner 
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, 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 (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 
<a href="/cdn-cgi/l/email-protection#274f4246554e4940094348444c42536749554409404851"><span class="__cf_email__" data-cfemail="5f373a3e2d363138713b303c343a2b1f312d3c71383029">[email protected]</span></a>, 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/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through 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 
<a href="/cdn-cgi/l/email-protection#85c8d6cdc1abd7e0f6eaf0f7e6e0c5ebf7e6abe2eaf3"><span class="__cf_email__" data-cfemail="266b756e620874435549535445436648544508414950">[email protected]</span></a>, 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,

[[Page 6734]]

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 the date of publication of this notice. Non-timely filings 
will not be entertained absent a determination by the presiding officer 
that the petition or request should be granted or the contentions 
should be admitted, based on a balancing of the factors specified in 10 
CFR 2.309(c)(1)(i)-(viii).
    For further details with respect to this license amendment 
application, see the application for amendment dated December 16, 2009 
(ADAMS Accession No. ML093631212), which is available for public 
inspection at the Commission's PDR, located at One White Flint North, 
File Public Area O1 F21, 11555 Rockville Pike (first floor), Rockville, 
Maryland. Publicly available records will be accessible electronically 
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/adams.html. Persons who do not have 
access to ADAMS or who encounter problems in accessing the documents 
located in ADAMS, should contact the NRC PDR Reference staff by 
telephone at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#621206104c1007110d17100107220c10014c050d14"><span class="__cf_email__" data-cfemail="0c7c687e227e697f63797e6f694c627e6f226b637a">[email protected]</span></a>.
    Attorney for licensee: David T. Conley, Associate General Counsel 
II--Legal Department, Progress Energy Service Company, LLC, Post Office 
Box 1551, Raleigh, North Carolina 27602.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an 
admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Associate General 
Counsel for Hearings, Enforcement and Administration, Office of the 
General Counsel, Washington, DC 20555-0001. The expedited delivery or 
courier mail address for both offices is: U.S. Nuclear Regulatory 
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="7a321f1b0813141d543e1519111f0e3a140819541d150c">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#6b242c28060a0207080e051f0e192b051908450c041d"><span class="__cf_email__" data-cfemail="a3ece4e0cec2cacfc0c6cdd7c6d1e3cdd1c08dc4ccd5">[email protected]</span></a>, 
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 requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention;
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

[[Page 6735]]

requestor in writing, briefly stating the reason or reasons for the 
denial.
    (2) The requestor may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an administrative law judge with jurisdiction 
pursuant to 10 CFR 2.318(a); or (c) if another officer has been 
designated to rule on information access issues, with that officer.
    H. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
---------------------------------------------------------------------------

    \3\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

    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 4th day of February 2010.

    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 requestor/
                                    petitioner reply).
20...............................  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 requestor/petitioner 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.

[[Page 6736]]

 
A + 60...........................  (Answer receipt +7) Petitioner/
                                    Intervenor reply to answers.
>A + 60..........................  Decision on contention admission.
------------------------------------------------------------------------


[FR Doc. 2010-2976 Filed 2-9-10; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>