Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 10519 

Accordingly, the Commission has 

determined that pursuant to 10 CFR 

73.5, ‘‘Specific exemptions,’’ an 

exemption from the March 31, 2010, 

compliance date is authorized by law 

and will not endanger life or property or 

the common defense and security, and 

is otherwise in the public interest. 

Therefore, the Commission hereby 

grants the requested exemption. 

The long-term benefits that will be 

realized when the CNS modifications 

are complete justifies extending the full 

compliance date in the case of this 

particular licensee. The security 

measures that CNS needs additional 

time to complete, are new requirements 

imposed by March 27, 2009, 

amendments to 10 CFR 73.55, and are 

in addition to those required by the 

security orders issued in response to the 

events of September 11, 2001. 

Therefore, the NRC concludes that the 

licensee’s actions are in the best interest 

of protecting the public health and 

safety through the security changes that 

will result from granting this exemption. 

As per the licensee’s request and the 

NRC’s regulatory authority to grant an 

exemption from the March 31, 2010, 

deadline for the three items specified in 

the Attachment to NPPD’s letter dated 

December 22, 2009, the licensee is 

required to be in full compliance with 

10 CFR 73.55 by August 31, 2010. In 

achieving compliance, the licensee is 

reminded that it is responsible for 

determining the appropriate licensing 

mechanism (i.e., 10 CFR 50.54(p) or 10 

CFR 50.90) for incorporation of all 

necessary changes to its security plans. 

Pursuant to 10 CFR 51.32, ‘‘Finding of 

no significant impact,’’ the Commission 

has previously determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (75 FR 8153; 

February 23, 2010). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 26th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Allen G. Howe, 

Acting Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2010–4830 Filed 3–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

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. 

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: ted.carter@nrc.gov. 

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 


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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 crossexamination 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 EFiling 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 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 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 


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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 SGI under these procedures 

should be submitted as described in this paragraph. 

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 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 pdr.resource@nrc.gov. 

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 

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 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 


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2Broad 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. 

3The 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. 

4This fee is subject to change pursuant to the 

Office of Personnel Management’s adjustable billing 

rates. 

5Any motion for Protective Order or draft NonDisclosure 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. 

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 

(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

(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 

Forms.Resource@nrc.gov. 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 

(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. 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 10523 

6Requestors 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. 

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

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

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
10524 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 

[FR Doc. 2010–4825 Filed 3–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0080] 

NUREG–0654/FEMA–REP–1, Rev. 1, 

Supplement 3, Guidance for Protective 

Action Recommendations for General 

Emergencies; Draft for Comment 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Announcement of issuance for 

public comment, availability. 

SUMMARY: The NRC has issued for 

public comment a document entitled: 

‘‘NUREG–0654/FEMA–REP–1, Rev. 1, 

Supplement 3, Guidance for Protective 

Action Recommendations for General 

Emergencies, Draft Report for 

Comment.’’ 

DATES: Please submit comments by May 

24, 2010. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC staff is able to 

ensure consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2010– 

0080 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0080. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch (RDB), Division of 

Administrative Services, Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RDB at 301–492–3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. NUREG–0654/ 

FEMA–REP–1, Rev. 1, Supplement 3, 

‘‘Guidance for Protective Action 

Recommendations for General 

Emergencies, Draft Report for Comment’’ 

is available electronically under 

ADAMS Accession Number 

ML100150268. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2010–0080. 

FOR FURTHER INFORMATION CONTACT: 

Randy Sullivan, Division of 

Preparedness and Response, Office of 

Nuclear Security and Incident 

Response, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. Telephone: 301–415–1123, e-mail: 

randy.sullivan@nrc.gov. 

SUPPLEMENTARY INFORMATION: The NRC 

is proposing to update its protective 

action recommendation guidance by 

issuing NUREG–0654/FEMA–REP–1, 

Rev. 1, Supplement 3, ‘‘Guidance for 

Protective Action Recommendations for 

General Emergencies, Draft Report for 

Comment.’’ When this document is 

issued in final form for use, it will 

supersede the existing guidance 

contained in Supplement 3 to NUREG– 

0654/FEMA–REP–1, Rev. 1, ‘‘Criteria for 

Preparation and Evaluation of 

Radiological Emergency Response Plans 

and Preparedness in Support of Nuclear 

Power Plants,’’ which was issued in 

draft form for interim use and guidance 

in 1996. This updated draft guidance 

reflects insights the NRC gained through 

study of protective action strategy 

efficacy documented in NUREG–0653, 

‘‘Review of NUREG–0654, Supplement 

3, ‘Criteria for Protective Action 

Recommendations for Severe 

Accidents’ ’’ (which can be found at the 

NRC Web site address: http://

www.nrc.gov/reading-rm/doccollections/nuregs/contract/cr6953/). 

The NRC has coordinated the draft 

Supplement 3 with the Federal 

Emergency Management Agency. The 

draft guidance incorporates the 

following elements: 

• Increased offsite response 

organization involvement in 

development of protective action 

strategy 

• Consideration of staged evacuation 

as the initial protective action at General 

Emergency 

• Increased use of shelter-in-place for 

certain scenarios 

• Guidance to improve 

communications with the public before 

and during an emergency 

The NRC expects to issue the guidance 

in final form in mid-2011 and nuclear 

power plant licensees to implement the 

guidance in their emergency 

preparedness programs within one year 

of the issuance of this guidance 

document in final form. Elements of the 

guidance should be demonstrated by 

each applicable licensee in its next 

biennial exercise with a scenario that 

requires offsite protective actions that is 

conducted more than one year after that 

issuance date. The NRC is seeking 

comment on the technical content of 

draft Supplement 3 as well as its 

implementation schedule. 

Dated at Rockville, Maryland this 25th day 

of February 2010. 

For the Nuclear Regulatory Commission. 

Robert E. Kahler, 

Chief, Inspection and Regulatory 

Improvements Branch, Division of 

Preparedness and Response, Office of Nuclear 

Security and Incident Response. 

[FR Doc. 2010–4878 Filed 3–5–10; 8:45 am] 

BILLING CODE 7590–01–P 


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