Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41939 

influenza preparedness planning for the 

Federal workforce. 

FACOSH meetings are transcribed 

and detailed minutes of the meetings are 

prepared. Meeting transcripts, minutes 

and other materials presented at the 

meeting are included in the FACOSH 

meeting record. 

Public Participation 

FACOSH meetings are open to the 

public. Interested parties may submit a 

request to make an oral presentation to 

FACOSH by one of the methods listed 

in the ADDRESSES section. The request 

must state the amount of time requested 

to speak, the interest represented (e.g., 

organization name), if any, and a brief 

outline of the presentation. Requests to 

address FACOSH may be granted as 

time permits and at the discretion of the 

FACOSH chair. 

Interested parties also may submit 

comments, including data and other 

information, using any of the methods 

listed in the ADDRESSES section. OSHA 

will provide all submissions to 

FACOSH members prior to the meeting. 

Individuals who need special 

accommodations and wish to attend the 

FACOSH meeting must contact Ms. 

Chatmon (see ADDRESSES section). 

Submissions and Access to Meeting 

Record 

You may submit comments and 

requests to speak (1) Electronically, (2) 

by facsimile, or (3) by hard copy. You 

may submit requests for special 

accommodations by (1) telephone, (2) email, or (3) hard copy. All submissions, 

including attachments and other 

materials, must identify the Agency 

name and the OSHA docket number for 

this notice (Docket No. OSHA–2009– 

0018). You may supplement electronic 

submissions by uploading documents 

electronically. If, instead, you wish to 

submit hard copies of supplementary 

documents, you must submit three 

copies to the OSHA Docket Office using 

the instructions in the ADDRESSES

section. The additional materials must 

clearly identify your electronic 

submission by name, date and docket 

number. 

Because of security-related 

procedures, the use of regular mail may 

cause a significant delay in the receipt 

of submissions. For information about 

security procedures concerning the 

delivery of submissions by hand, 

express delivery, messenger or courier 

service, please contact the OSHA Docket 

Office at (202) 693–2350 (TTY (877) 

889–5627). 

Meeting transcripts and minutes as 

well as comments and requests to speak 

are included in the public record of this 

FACOSH meeting (Docket No. OSHA– 

2009–0018). Written comments and 

requests to speak are posted without 

change at http://www.regulations.gov. 

Therefore, OSHA cautions interested 

parties about submitting certain 

personal information such as social 

security numbers and birth dates. 

Although submissions are listed in the 

http://www.regulations.gov index, some 

documents (e.g., copyrighted material) 

are not publicly available to read or 

download through http:// 

www.regulations.gov. Submissions, 

including copyrighted material, are 

available for inspection and copying at 

the OSHA Docket Office. 

Contact the OSHA Docket Office for 

information about materials not 

available through the Web site and for 

assistance in using the Internet to locate 

submissions and other documents in the 

docket. 

Electronic copies of this Federal 

Register notice are available at http:// 

www.regulations.gov. This notice, as 

well as news releases and other relevant 

information, is also available at OSHA’s 

Web page at http://www.osha.gov. 

Authority and Signature 

Jordan Barab, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice under the 

authority granted by section 19 of the 

Occupational Safety and Health Act of 

1970 (OSH Act) (29 U.S.C. 668), 5 U.S.C. 

7902, section 1–5 of Executive Order 

12196, the Federal Advisory Committee 

Act (5 U.S.C. App. 2) and regulations 

issued under FACA (41 CFR Part 102– 

3), and Secretary of Labor’s Order No. 

5–2007 (72 FR 31160). 

Signed at Washington, DC, this 14th day of 

August 2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–19897 Filed 8–18–09; 8:45 am] 

BILLING CODE 4510–26–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0354; Docket Nos. 50–280 AND 

50–281] 

Virginia Electric and Power Company; 

Notice of Consideration of Issuance of 

Amendments to Facility Operating 

Licenses, Proposed No Significant 

Hazards Consideration Determination, 

and Opportunity for a Hearing and 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) for 

Contention Preparation 

The U.S. Nuclear Regulatory 

Commission (the Commission or NRC) 

is considering issuance of an 

amendment to Facility Operating 

License Nos. DPR–32 and DPR–37 

issued to Virginia Electric and Power 

Company (the licensee) for operation of 

the Surry Power Station, Unit Nos. 1 

and 2 (Surry Units 1 and 2), located in 

Surry, Virginia. 

The proposed amendments would 

revise Technical Specification (TS) 

6.4.Q, ‘‘Steam Generator (SG) Program,’’ 

to exclude portions of the tubes within 

the tubesheet from periodic SG 

inspections. Application of the 

structural analysis and leak rate 

evaluation results, to exclude portions 

of the tubes from inspection and repair 

is interpreted to constitute a redefinition 

of the primary to secondary pressure 

boundary. This request also proposes to 

revise TS 6.4.Q and TS 6.6.A.3, ‘‘Steam 

Generator Tube Inspection Report,’’ to 

remove reference to previous Surry 

Units 1 and 2 interim alternate repair 

criteria (IARC), as well as the modified 

IARC for the Surry Unit 1 B SG and 

provide reporting requirements specific 

to the permanent alternate repair 

criteria. In addition, changes to TSs 

3.1.C and TS 4.13 are proposed to delete 

the primary to secondary leakage 

limitation of 20 gallons per day for the 

Surry Unit 1 B SG, as well as to delete 

the 4.7 leakage factor commitment, for 

Surry Unit 1 Operating Cycle 23. The 

leakage limitation and the leakage factor 

commitment were included as part of 

the modified IARC for the Surry Unit 1 

B SG. 

The amendment application dated 

July 28, 2009, contains sensitive 

unclassified non-safeguards information 

(SUNSI). 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. 

The Commission has made a 

proposed determination that the 


jlentini on DSKJ8SOYB1PROD with NOTICES
41940 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in Title 10 

of the Code of Federal Regulations (10 

CFR), Section 50.92, this means that 

operation of the facility in accordance 

with the proposed amendment would 

not (1) involve a significant increase in 

the probability or consequences of an 

accident previously evaluated; or (2) 

create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or (3) 

involve a significant reduction in a 

margin of safety. As required by 10 CFR 

50.91(a), the licensee has provided its 

analysis of the issue of no significant 

hazards consideration, which is 

presented below: 

(1) Does the proposed change involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated? 

Response: No. 

The previously analyzed accidents are 

initiated by the failure of plant structures, 

systems, or components. The proposed 

change that alters the steam generator 

inspection criteria and the steam generator 

inspection reporting criteria does not have a 

detrimental impact on the integrity of any 

plant structure, system, or component that 

initiates an analyzed event. The proposed 

change will not alter the operation of or 

increase the failure probability of any plant 

equipment that initiates an analyzed 

accident. 

Of the applicable accidents previously 

evaluated, the limiting transients with 

consideration to the proposed change to the 

steam generator tube inspection and repair 

criteria are the steam generator tube rupture 

(SGTR) event and the steam line break (SLB) 

postulated accidents. 

During the SGTR event, the required 

structural integrity margins of the steam 

generator tubes and the tube-to-tubesheet 

joint over the H* distance will be 

maintained. Tube rupture in tubes with 

cracks within the tubesheet is precluded by 

the presence of the tubesheet and the 

constraint provided by the tube-to-tubesheet 

joint. Tube burst cannot occur within in 

thickness of the tubesheet. The tube-totubesheet joint constraint results from the 

hydraulic expansion process, thermal 

expansion mismatch between the tube and 

tubesheet, the differential pressure between 

the primary and secondary side, and the 

tubesheet deflection. Based on this design, 

the structural margins against burst, as 

discussed in Regulatory Guide (RG) 1.121, 

‘‘Bases for Plugging Degraded PWR Steam 

Generator Tubes,’’ are maintained for both 

normal and postulated accident conditions. 

The proposed change has no impact on the 

structural or leakage integrity of the portion 

of the tube outside of the tubesheet. The 

proposed change maintains structural and 

leakage integrity of the steam generator tubes 

consistent with the performance criteria in 

TS 6.4.Q.2. Therefore, the proposed change 

results in no significant increase in the 

probability of the occurrence of a SGTR 

accident. 

At normal operating pressures, leakage 

from degradation below the proposed limited 

inspection depth is limited by the tubesheet 

joint. Consequently, negligible normal 

operating leakage is expected from 

degradation below the inspected depth 

within the tubesheet region. The 

consequences of an SGTR event are affected 

by the primary to secondary leakage flow 

during the event as primary to secondary 

leakage flow through a postulated tube that 

has been pulled out of the tubesheet is 

essentially equivalent to a severed tube. 

Therefore, the proposed changes do not 

result in a significant increase in the 

consequences of a SGTR. 

The probability of a SLB is unaffected by 

the potential failure of a steam generator tube 

as the failure of the tube is not an initiator 

for a SLB event. 

The leakage factor of 2.03 is a bounding 

value for all SGs, both hot and cold legs, in 

Table 9–7 of WCAP–17092–P. Also as shown 

in Table 9–7 of WCAP–17092–P, for Surry for 

a postulated SLB, a leakage factor of 1.80 has 

been calculated. However, for Surry, a more 

conservative leakage factor of 2.03 will be 

applied to the normal operating leakage 

associated with the tubesheet expansion 

region in the condition monitoring (CM) 

assessment and the operational assessment 

(OA). Through the application of the limited 

tubesheet inspection scope, the existing 

operating leakage limit provides assurance 

that excessive leakage (i.e., greater than 

accident analysis assumptions) will not 

occur. The limiting accident induced primary 

to secondary leak rate is 470 gallons per day 

per steam generator during a postulated 

steam line break. Using the limiting leakage 

factor of 2.03, this corresponds to an 

acceptable level of operational leakage of 

231.5 gallons per day. The TS operational 

primary to secondary leak rate limit is 150 

gallons per day through any one steam 

generator. Consequently, there is sufficient 

margin between accident induced leakage 

and TS allowable operational leakage. 

Therefore, the proposed change does not 

involve a significant increase in the 

probability or consequences of an accident 

previously evaluated. 

(2) Does the change create the possibility 

of a new or different kind of accident from 

any accident previously evaluated? 

Response: No. 

The proposed change that alters the steam 

generator inspection and repair criteria, as 

well as the reporting requirements, does not 

introduce any new equipment, create new 

failure modes for existing equipment, or 

create any new limiting single failures. Plant 

operation will not be altered, and all safety 

functions will continue to perform as 

previously assumed in accident analyses. 

Therefore, the proposed change does not 

create the possibility of a new or different 

kind of accident from any accident 

previously evaluated. 

(3) Does the change involve a significant 

reduction in a margin of safety? 

Response: No. 

The proposed change that alters the steam 

generator inspection and repair criteria, as 

well as the reporting requirements, maintains 

the required structural margins of the steam 

generator tubes for both normal and accident 

conditions. NEI 97–06, Revision 2, and RG 

1.121, are used as the bases in the 

development of the limited tubesheet 

inspection depth methodology for 

determining that steam generator tube 

integrity considerations are maintained 

within acceptable limits. RG 1.121 describes 

a method acceptable to the NRC for meeting 

GDC 14, ‘‘Reactor Coolant Pressure 

Boundary,’’ GDC 15, ‘‘Reactor Coolant 

System Design,’’ GDC 31, ‘‘Fracture 

Prevention of Reactor Coolant Pressure 

Boundary,’’ and GDC 32, ‘‘Inspection of 

Reactor Coolant Pressure Boundary,’’ by 

reducing the probability and consequences of 

a SGTR. RG 1.121 concludes that by 

determining the limiting safe conditions for 

tube wall degradation the probability and 

consequences of a SGTR are reduced. This 

RG uses safety factors on loads for tube burst 

that are consistent with the requirements of 

Section III of the American Society of 

Mechanical Engineers (ASME) Code. 

For axially oriented cracking located 

within the tubesheet, tube burst is precluded 

due to the presence of the tubesheet. For 

circumferentially oriented cracking, WCAP– 

17092–P defines a length of degradation-free 

expanded tubing that provides the necessary 

resistance to tube pullout due to the pressure 

induced forces, with applicable safety factors 

applied. Application of the limited hot and 

cold leg tubesheet inspection criteria will 

preclude unacceptable primary to secondary 

leakage during all plant conditions. The 

methodology for determining leakage 

provides for sufficient margins between 

calculated and actual leakage values in the 

proposed limited tubesheet inspection depth 

criteria. 

Therefore, the proposed change does not 

involve a significant reduction in any margin 

of safety. 

The NRC staff has reviewed the 

licensee’s analysis and, based on this 

review, it appears that the three 

standards of 10 CFR 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

within 30 days after the date of 

publication of this notice will be 

considered in making any final 

determination. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day period provided that its final 

determination is that the amendment 

involves no significant hazards 

consideration. In addition, the 

Commission may issue the amendment 

prior to the expiration of the 30-day 


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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 petitioner/ 

requestor 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 petitioner/requestor shall 

provide a brief explanation of the bases 

for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner/requestor 

intends to rely in proving the contention 

at the hearing. The petitioner/requestor 

must also provide references to those 

specific sources and documents of 

which the petitioner is aware and on 

which the petitioner/requestor intends 

to rely to establish those facts or expert 

opinion. The petition must include 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact. Contentions shall be limited to 

matters within the scope of the 

amendment under consideration. The 

contention must be one which, if 

proven, would entitle the petitioner/ 

requestor to relief. A petitioner/ 

requestor who fails to satisfy these 

requirements with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing. 

If a hearing is requested, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, any hearing held would 

take place before the issuance of any 

amendment. 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated in August 

2007, 72 FR 49139 (Aug. 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 

petitioner/requestor should contact the 

Office of the Secretary by e-mail at 

hearing.docket@nrc.gov, or by calling 

(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/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/ 

site-help/ 

e-submittals/install-viewer.html. 

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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
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1See footnote 4. While a request for hearing or 

petition to intervene in this proceeding must 

comply with the filing requirements of the NRC’s 

‘‘E-Filing Rule,’’ the initial request to access SUNSI 

under these procedures should be submitted as 

described in this paragraph. 

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it 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 filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory e-filing system 

may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

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

site-help/e-submittals.html or by calling 

the NRC electronic filing Help Desk, 

which is available between 8 a.m. and 

8 p.m., Eastern Time, Monday through 

Friday, excluding government holidays. 

The toll-free help line number is (866) 

672–7640. A person filing electronically 

may also seek assistance by sending an 

e-mail to the NRC electronic filing Help 

Desk at MSHD.Resource@nrc.gov. 

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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission the presiding officer or the 

Atomic Safety and Licensing Board that 

the request and/or petition should be 

granted and/or the contentions should 

be admitted, based on a balancing of the 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

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, an Atomic Safety and 

Licensing Board, or a 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 

submissions. 

For further details with respect to this 

license amendment application, see the 

application for amendment which is 

available for public inspection at the 

Commission’s PDR, located at One 

White Flint North, File Public Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible from the 

Agencywide Documents Access and 

Management System’s (ADAMS) Public 

Electronic Reading Room on the Internet 

at the NRC Web site, http:// 

www.nrc.gov/reading-rm/adams.html. 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800– 

397–4209, 301–415–4737, or by e-mail 

to pdr.resource@nrc.gov. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) for 

Contention Preparation 

1. This order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information. 

2. Within ten (10) days after 

publication of this notice of opportunity 

for hearing any potential party as 

defined in 10 CFR 2.4 who believes 

access to SUNSI is necessary for a 

response to the notice may request 

access to such information. A ‘‘potential 

party’’ is any person who intends or 

may intend to participate as a party by 

demonstrating standing and the filing of 

an admissible contention under 10 CFR 

2.309. Requests submitted later than ten 

(10) days will not be considered absent 

a showing of good cause for the late 

filing, addressing why the request could 

not have been filed earlier. 

3. The requester 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, MD 

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.Resource@nrc.gov, 

respectively.1 The request must include 

the following information: 

a. A description of the licensing 

action with a citation to this Federal 

Register notice of opportunity for 

hearing; 

b. 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 (a); 

c. The identity of the individual 

requesting access to SUNSI and the 

requester’s need for the information in 

order to meaningfully participate in this 

adjudicatory proceeding, particularly 

why publicly available versions of the 

application would not be sufficient to 


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2 If a presiding officer has not yet been 

designated, the Chief Administrative Judge will 

issue such orders, or will appoint a presiding officer 

to do so. 

3Parties/persons other than the requester and the 

NRC staff will be notified by the NRC staff of a 

favorable access determination (and may participate 

in the development of such a motion and protective 

order) if it concerns SUNSI and if the party/person’s 

interest independent of the proceeding would be 

harmed by the release of the information (e.g., as 

with proprietary information). 

4As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic 

Submissions in Agency Hearings (72 FR 49139; 

Aug. 28, 2007). Requesters should note that the 

filing requirements of that rule 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 requests 

submitted to the NRC staff under these procedures. 

provide the basis and specificity for a 

proffered contention. 

4. Based on an evaluation of the 

information submitted under items 2 

and 3.a through 3.c, above, the NRC staff 

will determine within ten days of 

receipt of the written access 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) there is a 

legitimate need for access to SUNSI. 

5. A request for access to SUNSI will 

be granted if: 

a. The request has demonstrated that 

there is a reasonable basis to believe that 

a potential party is likely to establish 

standing to intervene or to otherwise 

participate as a party in this proceeding; 

b. The proposed recipient of the 

information has demonstrated a need for 

SUNSI; 

c. The proposed recipient of the 

information has executed a NonDisclosure Agreement or Affidavit and 

agrees to be bound by the terms of a 

Protective Order setting forth terms and 

conditions to prevent the unauthorized 

or inadvertent disclosure of SUNSI; and 

d. The presiding officer has issued a 

protective order concerning the 

information or documents requested.2

Any protective order issued shall 

provide that the petitioner must file 

SUNSI contentions 25 days after receipt 

of (or access to) that information. 

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. 

6. If the request for access to SUNSI 

is granted, the terms and conditions for 

access to such information will be set 

forth in a draft protective order and 

affidavit of non-disclosure appended to 

a joint motion by the NRC staff, any 

other affected parties to this 

proceeding,3 and the petitioner(s). If the 

diligent efforts by the relevant parties or 

petitioner(s) fail to result in an 

agreement on the terms and conditions 

for a draft protective order or nondisclosure affidavit, the relevant parties 

to the proceeding or the petitioner(s) 

should notify the presiding officer 

within five (5) days, describing the 

obstacles to the agreement. 

7. If the request for access to SUNSI 

is denied by the NRC staff, the NRC staff 

shall briefly state the reasons for the 

denial. Before the Office of 

Administration makes an adverse 

determination regarding access, the 

proposed recipient must be provided an 

opportunity to comment or explain 

information. The requester may 

challenge the NRC staff’s adverse 

determination with respect to access to 

SUNSI or with respect to standing by 

filing a challenge within ten (10) 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 § 2.318(a); 

or (c) if another officer has been 

designated to rule on information access 

issues, with that officer. 

In the same manner, a party other 

than the requester may challenge an 

NRC staff determination granting access 

to SUNSI whose release would harm 

that party’s interest independent of the 

proceeding. Such a challenge must be 

filed within ten (10) days of the 

notification by the NRC staff of its grant 

of such a request. 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 2.311.4

8. 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. 

Dated at Rockville, Maryland, this 14th day 

of August 2009. 

For the Nuclear Regulatory Commission. 

J. Samuel Walker, 

Acting Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) IN THIS PROCEEDING

Day Event 

0 ...................................................... Publication of Federal Register notice, including order with instructions for access requests. 

10 .................................................... Deadline for submitting requests for access to SUNSI with information: supporting the standing of a potential party identified by name and address; and describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 

60 .................................................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions 

whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 

20 .................................................... NRC staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by 

the release of the information. If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 


jlentini on DSKJ8SOYB1PROD with NOTICES
41944 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) IN THIS PROCEEDING—Continued 

Day Event 

25 .................................................... If NRC staff finds no ‘‘need’’ for SUNSI or likelihood of standing, the deadline for petitioner/requester to file 

a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion 

seeking a ruling to reverse the NRC staff’s grant of access. 

30 .................................................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 .................................................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 

A ...................................................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective 

order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

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. 

B ...................................................... Decision on contention admission. 

[FR Doc. E9–19845 Filed 8–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0213; Docket No. 040–06394] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Source Materials 

License No. SMB–141, for Unrestricted 

Release of a Portion of the Department 

of the Army, U.S. Army Research, 

Development and Engineering 

Command, Army Research Laboratory 

Facility at the Aberdeen Proving 

Ground in Maryland 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Betsy Ullrich, Senior Health Physicist, 

Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

475 Allendale Road, King of Prussia, 

Pennsylvania 19406; telephone (610) 

337–5040; fax number (610) 337–5269; 

or by e-mail: Elizabeth.Ullrich@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Source Materials License No. SMB–141. 

This license is held by the Department 

of the Army, U.S. Army Research, 

Development And Engineering 

Command (ARDEC), Army Research 

Laboratory (ARL) (the Licensee), for its 

U.S. Army Research Laboratory (the 

Facility), located at the Aberdeen 

Proving Ground, Maryland. Issuance of 

the amendment would authorize release 

of the R–14 Range for unrestricted use. 

The Licensee requested this action in a 

letter dated May 11, 2009. The NRC has 

prepared an Environmental Assessment 

(EA) in support of this proposed action 

in accordance with the requirements of 

Title 10, Code of Federal Regulations 

(CFR); Part 51 (10 CFR Part 51). Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate with respect to 

the proposed action. The amendment 

will be issued to the Licensee following 

the publication of this FONSI and EA in 

the Federal Register. 

II. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

the Licensee’s May 11, 2009, license 

amendment request, resulting in release 

of the R–14 Range for unrestricted use. 

License No. SMB–141 was issued on 

April 12, 1961, pursuant to 10 CFR Part 

40, and has been amended periodically 

since that time. This license authorized 

the Licensee to use uranium and 

thorium for purposes of conducting 

research and development activities; 

fabrication, modification, and testing of 

components, parts, and/or devices; and 

munitions testing. 

The R–14 Range is situated on 

Spesutie Island within the Aberdeen 

Proving Ground and consists of 

structures used for munitions testing, 

support buildings for administrative 

activities, storage, and other support 

services. The R–14 Range is located in 

an area which is primarily undeveloped 

forest and wetlands. The R–14 Range 

occupies an area of about 5.28 acres, of 

which 0.2 acres is occupied by three 

remaining buildings. Within the R–14 

Range, use of licensed materials was 

confined to R–14 Blast Chamber, Firing 

Tube, Air Handling System, Hot Line 

Building and Water Treatment Shed and 

areas of the Laydown Yard, Firing Line 

and the Grassy Field south of the Blast 

Chamber. 

On November 6, 2007, the Licensee 

ceased licensed activities at the R–14 

Range and initiated a survey and 

decontamination of the R–14 Range. 

Based on the Licensee’s historical 

knowledge of the site and the conditions 

of the R–14 Range, the Licensee 

determined that only routine 

decontamination activities, in 

accordance with their NRC-approved, 

operating radiation safety procedures, 

were required. The Licensee was not 

required to submit a decommissioning 

plan to the NRC because worker cleanup 

activities and procedures are consistent 

with those approved for routine 

operations. The Licensee conducted 

surveys of the R–14 Range and provided 

information to the NRC to demonstrate 


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