Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9445 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0054] 

Notice; Applications and Amendments 

to Facility Operating Licenses 

Involving Proposed No Significant 

Hazards Considerations and 

Containing Sensitive Unclassified NonSafeguards Information and Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information 

I. 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. 

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, or at 

http://www.nrc.gov/reading-rm/doccollections/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 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 requestor/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 requestor/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 requestor/ 

petitioner to relief. A requestor/ 

petitioner who fails to satisfy these 

requirements with respect to at least one 

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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 

(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 

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 NRCissued 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 ESubmittal 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 plugin 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. 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/esubmittals.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 email 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/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree 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 firstclass 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 

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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. Nontimely 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 

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. 

PSEG Nuclear LLC, Docket No. 50–354, 

Hope Creek Generating Station, Salem 

County, New Jersey 

Date of amendment request: 

December 21, 2009. 

Description of amendment request: 

This amendment request contains 

sensitive unclassified non-safeguards 

information (SUNSI). The proposed 

amendment would allow the production 

of Cobalt-60 (Co-60) by irradiating 

Cobalt-59 targets located in modified 

fuel assemblies called Isotope Test 

Assemblies (ITAs). The amendment 

would allow the licensee to load up to 

12 ITAs into the Hope Creek Generating 

Station (HCGS) reactor core beginning 

with the fall 2010 refueling outage. The 

modified fuel assemblies, also referred 

to as GE14i ITAs, are planned to be in 

operation as part of a joint pilot program 

with Global Nuclear Fuel—Americas, 

LLC and GE—Hitachi Nuclear Energy 

Americas, LLC (GEH). The purpose of 

the pilot program is to obtain data to 

verify that the modified fuel assemblies 

perform satisfactorily in service prior to 

use on a production basis. The Co-60 is 

ultimately intended for use in the 

medical industry for use in cancer 

treatments, and blood and instrument 

sterilization; in the radiography and 

security industries for imaging; and in 

the food industry for cold pasteurization 

and irradiation sterilization. 

Basis for proposed no significant 

hazards consideration determination: 

As required by 10 CFR 50.91(a), the 

licensee has provided its analysis of the 

issue of no significant hazards 

consideration, which is presented 

below: 

1. Does the proposed amendment involve 

a significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The proposed changes to the license 

conditions provide clarification and do not 

impact plant operation in any manner. The 

handling of byproduct material (i.e., Co-60) 

will continue to be done in accordance with 

the requirements of 10 CFR 30 and the 

requirements of the HCGS Facility Operating 

License. The proposed change to [Technical 

Specification (TS)] 5.3.1 provides 

clarification and additional description of the 

proposed ITAs to be used in the HCGS core. 

These changes do not involve an increase in 

the probability or consequences of an 

accident previously evaluated. 

The use of the GE14i ITAs, has been 

evaluated for impact on the previously 

evaluated transients and design basis 

accidents for HCGS. GEH Safety Analysis 

Report—NEDC–33529P, ‘‘Safety Analysis 

Report to Support Introduction of GE14i 

Isotope Test Assemblies (ITAs) in Hope 

Creek Generating Station,’’ dated December 

2009, documents the results of the analyses 

completed to demonstrate the impact on 

operation following introduction of the ITAs 

in the HCGS core. The use of these ITAs does 

not adversely affect accident initiators or 

precursors, design assumptions, or the 

manner in which the plant is operated and 

maintained. The Cycle 17 (i.e., the first cycle 

of operation with the GE14i assembly) core 

will be designed so that the ITAs will be 

placed in non-limiting locations with respect 

to thermal limit margins or shutdown 

margins. The ITAs do not adversely affect the 

ability of any structures, systems or 

components (SSCs) to perform their intended 

safety function to mitigate the consequences 

of an initiating event within the assumed 

acceptance limits. 

PSEG has also evaluated the effects of these 

ITAs on post-irradiation conditions. The 

additional heat from the Co-60 decay is 

insignificant when compared to the total heat 

from a normal refueling discharge. The small 

amount of extra heat added by the cobalt 

isotope rods poses no additional risk of spent 

fuel pool (SFP) local boiling over that 

previously analyzed. The maximum incident 

radiation due to an irradiated GE14i bundle 

placed one foot from the spent fuel pool 

walls is in excess of the radiation that would 

result in significant gamma heating of the 

concrete. However, analysis has 

demonstrated that at four feet, the energy 

deposition rate is well below that required to 

cause significant concrete heating. HCGS 

procedures exist to guide placement of 

irradiated fuel bundles in the SFP to avoid 

gamma heating of the wall concrete. These 

procedures will be modified to specify that 

irradiated GE14i bundles must be stored at 

least four feet from the SFP walls. With the 

four foot distance requirement in effect, there 

is no limitation on the amount of time an 

irradiated GE14i bundle can be stored in the 

SFP. 

Handling of the licensed transfer casks will 

be in accordance with the guidance in 

NUREG 0612, ‘‘Control of Heavy Loads at 

Nuclear Power Plants,’’ using the Reactor 

Building crane. These precautions will 

support safe movement of the casks within 

the Reactor Building. 

The consequences of a previously analyzed 

event are dependent on the initial conditions 

assumed in the analysis, the availability and 

successful functioning of equipment assumed 

to operate in response to the analyzed event, 

and the setpoints at which these actions are 

initiated. The consequences of a previously 

evaluated accident are not significantly 

increased by the proposed change. As 

documented in NEDC–33529P, the proposed 

change does not affect the performance of 

any equipment credited to mitigate the 

radiological consequences of an accident. 

Evaluation of operation with the GE14i 

assemblies in the HCGS core demonstrated 

that the licensing basis radiological analyses 

are not adversely impacted by the 

introduction of twelve GE14i assemblies at 

HCGS. This includes the analyses done for 

the transients and design basis accident 

events. 

Therefore, the proposed change does not 

involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

2. Does the proposed amendment create 

the possibility of a new or different kind of 

accident from any accident previously 

evaluated? 

Response: No. 

The proposed revision to the HCGS license 

conditions and TS 5.3.1 will not introduce 

any new or modified equipment since these 

changes are intended to provide clarification 

only. These clarifications will not result in 

operation of the facility in a different way 

than currently operated. 

While the proposed ITA pilot program 

does result in the introduction of several 

modified fuel bundles (the GE14i assemblies) 

these assemblies are essentially the same as 

the GE14 assemblies currently in use in the 

HCGS core. The only difference is the use of 

a number of cobalt isotope rods in place of 

fuel rods. The GE14i assembly was designed 

for mechanical, nuclear, and thermalhydraulic compatibility with the GE14 fuel 

design. The details of the design differences 

between GE14 and GE14i are documented in 

NEDC–33529P. Use of the proposed ITAs 

does not involve the addition or modification 

of any plant equipment other than the 

bundles modified to include the cobalt 

isotope rods. Also, use of the proposed ITAs 

will not alter the design configuration or 

method of operation of plant equipment 

beyond its normal functional capabilities. 

The ITA pilot program does not create any 

new credible failure mechanisms, 

malfunctions or accident initiators. 

Therefore, the proposed change does not 

create the possibility of a new or different 

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1While 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. 

2Any motion for Protective Order or draft NonDisclosure 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. 

kind of accident from any previously 

evaluated. 

3. Does the proposed amendment involve 

a significant reduction in a margin of safety? 

Response: No. 

The proposed changes to the HCGS 

operating license conditions are intended to 

provide clarification as to how the generation 

of byproduct material in the HCGS reactor 

core meets the requirements of 10 CFR Part 

30. The proposed change to TS 5.3.1 also 

provides clarification and additional 

description of the proposed ITAs to be used 

in the HCGS core. These proposed changes 

will not affect the design or operation of any 

equipment important to safety. In addition, 

the proposed changes to the license 

conditions and TS do not affect the results 

of any safety calculations. 

Cycle independent analyses documented 

in NEDC–33529P show that the acceptance 

criteria for the safety analyses are not affected 

and are met. Cycle specific analyses for the 

ITAs will be performed as described in 

NEDC–33529P to establish fuel operating 

requirements that assure compliance with 

regulatory limits. 

The proposed ITA pilot program has no 

impact on equipment design or fundamental 

operation, other than the modifications made 

to the fuel assembly as part of the program. 

The GE14i ITAs meet the same fuel design 

and licensing criteria as GE14 bundles. There 

are no changes being made to safety limits or 

safety system allowable values that would 

adversely affect plant safety as a result of the 

proposed ITAs. The performance of the 

systems important to safety is not affected by 

the use of the proposed ITAs. The proposed 

change does not adversely affect safety 

analysis assumptions, initial conditions, or 

acceptance criteria and therefore, the margin 

of safety in the original safety analyses is 

maintained. 

Therefore, the proposed change does not 

involve a significant reduction in a margin of 

safety. 

The NRC staff has reviewed the 

licensee’s analysis and, based on this 

review, it appears that the three 

standards of 10 CFR 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

Attorney for licensee: Vincent 

Zabielski, PSEG Nuclear LLC—N21, 

P.O. Box 236, Hancocks Bridge, NJ 

08038. 

NRC Branch Chief: Harold K. 

Chernoff. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

PSEG Nuclear LLC, Docket No. 50–354, 

Hope Creek Generating Station, Salem 

County, New Jersey 

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 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(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. 

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 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 

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Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9449 

3Requestors 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. 

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 22nd 

day of February 2010. 

For the 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. 

A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 ............. Decision on contention admission. 

[FR Doc. 2010–3988 Filed 3–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–338 and 50–339; NRC– 

2010–0026 

Virginia Electric and Power Company; 

North Anna Power Station, Unit Nos. 1 

and 2 

1.0 Background 

The Virginia Electric and Power 

Company, (the licensee) is the holder of 

Facility Operating License Nos. NPF–4 

and NPF–7, which authorize operation 

of the North Anna Power Station, Unit 

Nos. 1 and 2 (NAPS). The licenses 

provide, among other things, that the 

facility is subject to all rules, 

regulations, and orders of the U.S. 

Nuclear Regulatory Commission (NRC, 

the Commission) now or hereafter in 

effect. 

The facility consists of two 

pressurized water reactors located in 

Louisa County, Virginia. 

2.0 Request/Action 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 73, ‘‘Physical 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES