[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10519-10524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4825]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-134; NRC-2010-0053]


Notice of License Amendment Request by the Worcester Polytechnic 
Institute for Approval of the Decommissioning Plan for the Leslie C. 
Wilbur Nuclear Reactor Facility in Worcester, MA and Opportunity To 
Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment request and opportunity to request 
a hearing.

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DATES: A request for a hearing must be filed by May 7, 2010.

FOR FURTHER INFORMATION CONTACT: Ted Carter, Project Manager, Materials 
Decommissioning Branch, Division of Waste Management and Environmental 
Protection, Office of Federal and State Materials and Environmental 
Management Programs, U.S. Nuclear Regulatory Commission (NRC), Two 
White Flint North, Mail Stop T8 F5, 11545 Rockville Pike, Rockville, 
Maryland 20852-2738 Telephone: (301) 415-5543; fax number: (301) 415-
5369; e-mail: <a href="/cdn-cgi/l/email-protection#433726276d202231372631032d31206d242c35"><span class="__cf_email__" data-cfemail="fe8a9b9ad09d9f8c8a9b8cbe908c9dd0999188">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    In an application dated September 30, 2009, Worcester Polytechnic 
Institute (WPI or the licensee) submitted a Decommissioning Plan (DP) 
to the NRC for approval for its Leslie C. Wilbur Nuclear Reactor 
Facility (LCWNRF) on the campus of WPI in Worcester, Massachusetts. The 
DP and supporting documents for the LCWNRF are located in ADAMS at 
ML092880231. WPI is working closely with the Department of Energy, the 
Idaho National Laboratory and NAC International, Inc. to facilitate and 
schedule the removal of reactor fuel from the facility before WPI's 
overall dismantling and decommissioning begins. WPI submitted its 
combined Quality Procedure and Quality Assurance (QA) document 
(ML092160598) in relation to WPI's nuclear fuel removal process on July 
21, 2009. NRC reviewed and approved WPI's QA program for fuel removal 
on August 19, 2009 (ML092310471).
    On September 21, 2009, WPI submitted its nuclear materials 
Transportation Plan (TP) in support of the removal of fuel. This 
document contains safeguards information and is not available to the 
public (see Section V, Further Information, for instructions for 
requesting access to this document).
    The TP which specifically addresses compliance with the 
requirements of 10 CFR Part 73 (``Physical Protection of Plants and 
Material''), is under review. The TP will govern the one-time shipment 
offsite of WPI's nuclear reactor fuel. WPI plans to ship the fuel to 
another research and test reactor licensed by the NRC.
    If the NRC approves WPI's DP, the approval will be documented in an 
amendment to NRC License No. R-61. Before approving the proposed 
amendment, the NRC will need to make the findings required by the 
Atomic Energy Act of 1954, as amended (the AEA), and the National 
Environmental Policy Act. These findings will be documented, 
respectively, in a Safety Evaluation Report (SER), and in a separate 
environmental analysis performed by the NRC.

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 Part 2, section 2.309, which is available 
at the NRC's 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 AEA 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

[[Page 10520]]

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 
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 cross-examination 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 May 
7, 2010. The petition must be filed 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, except that State and Federally-recognized Indian tribes do 
not need to address the standing requirements in 10 CFR 2.309(d)(1) if 
the facility is located within its boundaries. The entities listed 
above could 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 May 7, 2010.

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 
<a href="/cdn-cgi/l/email-protection#08606d697a61666f266c676b636d7c48667a6b266f677e"><span class="__cf_email__" data-cfemail="deb6bbbfacb7b0b9f0bab1bdb5bbaa9eb0acbdf0b9b1a8">[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

[[Page 10521]]

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#5d100e1519730f382e32282f3e381d332f3e733a322b"><span class="__cf_email__" data-cfemail="82cfd1cac6acd0e7f1edf7f0e1e7c2ecf0e1ace5edf4">[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, 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 March 8, 2010. 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).

V. Further Information

    Documents related to the proposed action are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's Agencywide Documents Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The ADAMS 
accession numbers for the documents related to this notice are the WPI 
Decommissioning Plan for its Leslie C. Wilbur Nuclear Reactor Facility 
(Initial document dated March 31, 2009 under ML090960651 and Final 
document dated September 30, 2009 under ML092880231), the WPI Quality 
Procedure and Quality Assurance Document (ML092160598), the NRC 
Approval of the Quality Procedure and Quality Assurance Document 
(ML092310471), and the Decommissioning Plan Acceptance Review 
(ML091730008). If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail to <a href="/cdn-cgi/l/email-protection#b4c4d0c69ac6d1c7dbc1c6d7d1f4dac6d79ad3dbc2"><span class="__cf_email__" data-cfemail="c6b6a2b4e8b4a3b5a9b3b4a5a386a8b4a5e8a1a9b0">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR at 11555 Rockville Pike, Rockville, 
Maryland 20852. The PDR reproduction contractor will copy documents for 
a fee. As discussed above in Section I., the WPI nuclear materials 
Transportation Plan contains safeguards information and is not 
publically available. Instructions on requesting access to this 
document are contained in the following order.

Order Imposing Procedures for Access to Safeguards Information for 
Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing 
Safeguards Information (SGI). Requirements for access to SGI are 
primarily set forth in 10 CFR Parts 2 and 73. Nothing in this Order is 
intended to conflict with the SGI regulations.
    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 SGI 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 SGI 
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 SGI 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="39715c584b50575e177d565a525c4d79574b5a175e564f">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#145b535779757d7877717a607166547a66773a737b62"><span class="__cf_email__" data-cfemail="96d9d1d5fbf7fffaf5f3f8e2f3e4d6f8e4f5b8f1f9e0">[email protected]</span></a>, 
respectively.\1\ The request must include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SGI 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 each individual who would have access to SGI if 
the request is granted, including the identity of any expert, 
consultant, or assistant who will aid the requestor in evaluating the 
SGI. In addition, the

[[Page 10522]]

request must contain the following information:
    (a) A statement that explains each individual's ``need to know'' 
the SGI, as required by 10 CFR 73.2 and 10 CFR 73.22(b)(1). Consistent 
with the definition of ``need to know'' as stated in 10 CFR 73.2, the 
statement must explain:
    (i) Specifically why the requestor believes that the information is 
necessary to enable the requestor to proffer and/or adjudicate a 
specific contention in this proceeding; \2\ and
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    \2\ Broad SGI requests under these procedures are unlikely to 
meet the standard for need to know; furthermore, staff redaction of 
information from requested documents before their release may be 
appropriate to comport with this requirement. These procedures do 
not authorize unrestricted disclosure or less scrutiny of a 
requestor's need to know than ordinarily would be applied in 
connection with an already-admitted contention or non-adjudicatory 
access to SGI.
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    (ii) The technical competence (demonstrable knowledge, skill, 
training or education) of the requestor to effectively utilize the 
requested SGI to provide the basis and specificity for a proffered 
contention. The technical competence of a potential party or its 
counsel may be shown by reliance on a qualified expert, consultant, or 
assistant who satisfies these criteria.
    (b) A completed Form SF-85, ``Questionnaire for Non-Sensitive 
Positions'' for each individual who would have access to SGI. The 
completed Form SF-85 will be used by the Office of Administration to 
conduct the background check required for access to SGI, as required by 
10 CFR Part 2, Subpart G and 10 CFR 73.22(b)(2), to determine the 
requestor's trustworthiness and reliability. For security reasons, Form 
SF-85 can only be submitted electronically through the electronic 
questionnaire for investigations processing (e-QIP) website, a secure 
website that is owned and operated by the Office of Personnel 
Management. To obtain online access to the form, the requestor should 
contact the NRC's Office of Administration at (301) 492-3524.\3\
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    \3\ The requestor will be asked to provide his or her full name, 
social security number, date and place of birth, telephone number, 
and e-mail address. After providing this information, the requestor 
usually should be able to obtain access to the online form within 
one business day.
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    (c) A completed Form FD-258 (fingerprint card), signed in original 
ink, and submitted in accordance with 10 CFR 73.57(d). Copies of Form 
FD-258 may be obtained by writing the Office of Information Services, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by 
calling (301) 415-7232 or (301) 492-7311, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#c583aab7a8b6eb97a0b6aab0b7a6a085abb7a6eba2aab3"><span class="__cf_email__" data-cfemail="064069746b752854637569737465634668746528616970">[email protected]</span></a>. The fingerprint card will be used to satisfy 
the requirements of 10 CFR Part 2, 10 CFR 73.22(b)(1), and Section 149 
of the Atomic Energy Act of 1954, as amended, which mandates that all 
persons with access to SGI must be fingerprinted for an FBI 
identification and criminal history records check.
    (d) A check or money order payable in the amount of $ 200.00 \4\ to 
the U.S. Nuclear Regulatory Commission for each individual for whom the 
request for access has been submitted, and
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    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
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    (e) If the requestor or any individual who will have access to SGI 
believes they belong to one or more of the categories of individuals 
that are exempt from the criminal history records check and background 
check requirements in 10 CFR 73.59, the requestor should also provide a 
statement identifying which exemption the requestor is invoking and 
explaining the requestor's basis for believing that the exemption 
applies. While processing the request, the Office of Administration, 
Personnel Security Branch, will make a final determination whether the 
claimed exemption applies. Alternatively, the requestor may contact the 
Office of Administration for an evaluation of their exemption status 
prior to submitting their request. Persons who are exempt from the 
background check are not required to complete the SF-85 or Form FD-258; 
however, all other requirements for access to SGI, including the need 
to know, are still applicable.

    Note:  Copies of documents and materials required by paragraphs 
C.(3)(b), (c), and (d) of this Order must be sent to the following 
address: Office of Administration, U.S. Nuclear Regulatory 
Commission, Personnel Security Branch, Mail Stop TWB-05-B32M, 
Washington, DC 20555-0012.


These documents and materials should not be included with the request 
letter to the Office of the Secretary, but the request letter should 
state that the forms and fees have been submitted as required above.

    D. To avoid delays in processing requests for access to SGI, the 
requestor should review all submitted materials for completeness and 
accuracy (including legibility) before submitting them to the NRC. The 
NRC will return incomplete packages to the sender without processing.
    E. Based on an evaluation of the information submitted under 
paragraph C.(3) above, as applicable, 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 to know the SGI 
requested.
    F. If the NRC staff determines that the requestor has satisfied 
both E.(1) and E.(2) above, the Office of Administration will then 
determine, based upon completion of the background check, whether the 
proposed recipient is trustworthy and reliable, as required for access 
to SGI by 10 CFR 73.22(b). If the Office of Administration determines 
that the individual or individuals are trustworthy and reliable, the 
NRC will promptly notify the requestor in writing. The notification 
will provide the names of approved individuals as well as the 
conditions under which the SGI will be provided. These conditions may 
include, but are not limited to, the signing of a Non-Disclosure 
Agreement or Affidavit, or Protective Order \5\ by each individual who 
will be granted access to SGI.
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    \5\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SGI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 180 days of the deadline for the 
receipt of the written access request.
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    G. Release and Storage of SGI. Prior to providing SGI to the 
requestor, the NRC staff will conduct (as necessary) an inspection to 
confirm that the recipient's information protection system is 
sufficient to satisfy the requirements of 10 CFR 73.22. Alternatively, 
recipients may opt to view SGI at an approved SGI storage location 
rather than establish their own SGI protection program to meet SGI 
protection requirements.
    H. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SGI 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 SGI contentions by that later deadline.
    I. Review of Denials of Access.
    (1) If the request for access to SGI is denied by the NRC staff 
either after a determination on standing and need to know, or after a 
determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the

[[Page 10523]]

requestor in writing, briefly stating the reason or reasons for the 
denial.
    (2) Before the Office of Administration makes an adverse 
determination regarding the proposed recipient(s) trustworthiness and 
reliability for access to SGI, the Office of Administration, in 
accordance with 10 CFR 2.705(c)(3)(iii), must provide the proposed 
recipient(s) any records that were considered in the trustworthiness 
and reliability determination, including those required to be provided 
under 10 CFR 73.57(e)(1), so that the proposed recipient(s) have an 
opportunity to correct or explain the record.
    (3) The requestor may challenge the NRC staff's or Office of 
Administration's adverse determination by filing a request for review 
in accordance with 10 CFR 2.705(c)(3)(iv). Further appeals of decisions 
under this paragraph must be made pursuant to 10 CFR 2.311.
    J. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SGI 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.\6\
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    \6\ 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 SGI request submitted to the NRC staff under these 
procedures.
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    K. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SGI, 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 2nd day of March 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 Safeguards Information in This Proceeding
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             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 Safeguards Information (SGI)
                               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; demonstrating
                               that access should be granted (e.g.,
                               showing technical competence for access
                               to SGI); and including the application
                               fee for the fingerprint/background check.
60..........................  Deadline for submitting petition for
                               intervention containing: (i)
                               Demonstration of standing; (ii) all
                               contentions whose formulation does not
                               require access to SGI (+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 to know. If NRC staff makes
                               the finding of need to know for SGI and
                               likelihood of standing, NRC staff begins
                               background check (including
                               fingerprinting for a criminal history
                               records check), information processing
                               (preparation of redactions or review of
                               redacted documents), and readiness
                               inspections.
25..........................  If NRC staff finds no ``need to know,'' 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.
30..........................  Deadline for NRC staff reply to motions to
                               reverse NRC staff determination(s).
190.........................  (Receipt +180) If NRC staff finds
                               standing, need to know for SGI, and
                               trustworthiness and reliability, deadline
                               for NRC staff to file motion for
                               Protective Order and draft Non-disclosure
                               Affidavit (or to make a determination
                               that the proposed recipient of SGI is not
                               trustworthy or reliable). Note: Before
                               the Office of Administration makes an
                               adverse determination regarding access to
                               SGI, the proposed recipient must be
                               provided an opportunity to correct or
                               explain information.
205.........................  Deadline for petitioner to seek reversal
                               of a final adverse NRC staff
                               trustworthiness or reliability
                               determination either before the presiding
                               officer or another designated officer
                               under 10 CFR 2.705(c)(3)(iv).
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
                               SGI consistent with decision issuing the
                               protective order.
A + 28......................  Deadline for submission of contentions
                               whose development depends upon access to
                               SGI. 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 SGI contentions
                               by that later deadline.
A + 53......................  (Contention receipt +25) Answers to
                               contentions whose development depends
                               upon access to SGI.
A + 60......................  (Answer receipt +7) Petitioner/Intervenor
                               reply to answers.
>A + 60.....................  Decision on contention admission.
------------------------------------------------------------------------


[[Page 10524]]

[FR Doc. 2010-4825 Filed 3-5-10; 8:45 am]
BILLING CODE 7590-01-P


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