[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Notices]
[Pages 41939-41944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19845]


=======================================================================
-----------------------------------------------------------------------

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 Non-Safeguards 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

[[Page 41940]]

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-to-tubesheet 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

[[Page 41941]]

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/doc-collections/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 
<a href="/cdn-cgi/l/email-protection#036b6662716a6d642d676c60686677436d71602d646c75"><span class="__cf_email__" data-cfemail="f29a9793809b9c95dc969d91999786b29c8091dc959d84">[email protected]</span></a>, 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 NRC-issued digital ID certificate). Each petitioner/
requestor will need to download the Workplace Forms Viewer<SUP>TM</SUP> 
to access the Electronic Information Exchange (EIE), a component of the 
E-Filing system. The Workplace Forms Viewer<SUP>TM</SUP> 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.

[[Page 41942]]

    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 <a href="/cdn-cgi/l/email-protection#95d8c6ddd1bbc7f0e6fae0e7f6f0d5fbe7f6bbf2fae3"><span class="__cf_email__" data-cfemail="400d1308046e1225332f35322325002e32236e272f36">[email protected]</span></a>.
    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 <a href="/cdn-cgi/l/email-protection#99e9fdebb7ebfceaf6ecebfafcd9f7ebfab7fef6ef"><span class="__cf_email__" data-cfemail="423226306c3027312d37302127022c30216c252d34">[email protected]</span></a>.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5d15383c2f34333a7319323e3638291d332f3e733a322b">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#68272f2b250901042b0d061c0d1a463a0d1b071d1a0b0d28061a0b460f071e"><span class="__cf_email__" data-cfemail="a3ece4e0eec2cacfe0c6cdd7c6d18df1c6d0ccd6d1c0c6e3cdd1c08dc4ccd5">[email protected]</span></a>, 
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------

    \1\ See 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.
---------------------------------------------------------------------------

    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

[[Page 41943]]

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 Non-
Disclosure 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.
---------------------------------------------------------------------------

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

    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 non-disclosure 
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.
---------------------------------------------------------------------------

    \3\ Parties/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).
---------------------------------------------------------------------------

    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 Sec.  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\
---------------------------------------------------------------------------

    \4\ As of October 15, 2007, the NRC's final ``E-Filing 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.
---------------------------------------------------------------------------

    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).

[[Page 41944]]

 
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


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