46626 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

6. Title 10 Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination.’’ 

7. Title 10 Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Function.’’ 

8. NUREG–1556, ‘‘Consolidated 

Guidance about Material Licenses,’’ 

Volume 9. 

9. NUREG–1757, ‘‘Consolidated 

Decommissioning Guidance.’’ 

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, O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Lisle, Illinois, this 24th day of 

August 2009. 

For the Nuclear Regulatory Commission. 

Christine A. Lipa, 

Branch Chief, Materials Control, ISFSI, and 

Decommissioning Branch, Division of Nuclear 

Materials Safety, Region III. 

[FR Doc. E9–21854 Filed 9–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–157; NRC–2009–0382] 

Notice of Opportunity To Request a 

Hearing for License Renewal 

Application From the University of 

Texas at Austin and Order Imposing 

Procedures for Access to Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI) for Contention 

Preparation 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license renewal 

application and opportunity to request a 

hearing. 

DATES: A request for a hearing must be 

filed by November 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rafael L. Rodriguez, Project Manager, 

Fuel Manufacturing Branch, Division of 

Fuel Cycle Safety and Safeguards, Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Mail Stop EBB–2–C40M, 

Washington, DC 20555–0001, 

Telephone: (301) 492–3111; Fax 

number: (301) 492–3363; e-mail: 

Rafael.Rodriguez@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) has received, by 

letter dated December 13, 2007, an 

application from the University of Texas 

at Austin (UT or licensee) requesting 

renewal of its Special Nuclear Materials 

License No. SNM–180. License No. 

SNM–180 authorizes the licensee to 

receive title to, own, acquire, receive, 

possess, use, and transfer plutonium 

and uranium enriched up to 20% wt. 

The licensee will use the licensed 

material to supplement its training and 

instruction programs in the field of 

nuclear engineering. The licensed 

material will be used in the UT Nuclear 

Engineering Teaching Laboratory 

located at the University’s J.J. Pickle 

Research Campus (formerly known as 

the Balcones Research Center). 

An administrative review, 

documented in a letter to UT dated 

February 26, 2008, found the 

application acceptable to begin a formal 

technical review. If the NRC approves 

the application, SNM–180 will be 

renewed for a period of 10 years. 

However, before approving the 

proposed renewal, the NRC will need to 

make the findings required by the 

Atomic Energy Act of 1954, as amended 

(the Act), and the NRC’s regulations. 

These findings will be documented in a 

Safety Evaluation Report and an 

Environmental Assessment or 

Environmental Impact Statement. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application to 

renew License No. SNM–180 for the 

University of Texas at Austin. Any 

person whose interest may be affected 

by this proceeding and who desires to 

participate as a party, must file a request 

for a hearing and a specification of the 

contentions which the person seeks to 

have litigated in the hearing, in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). All documents 

filed in NRC adjudicatory proceedings, 

including documents filed by interested 

governmental entities participating 

under 10 CFR 2.315(c) and any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, must be filed in accordance 

with the E-Filing rule. The E-Filing rule 

requires participants to submit and 

serve 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 a waiver 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 must 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/sitehelp/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/applycertificates.html. 

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/esubmittals.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 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46627 

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/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must, in 

accordance with 10 CFR 2.302(g), file a 

motion with their initial paper filing 

requesting authorization to continue to 

submit documents in paper format. 

Such filings must be submitted by: (1) 

First class mail addressed to the Office 

of the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

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 petition and/or request 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 

social security numbers in their filings. 

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. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3)), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

November 9, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing must state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petition for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application or other supporting 

document filed by an applicant or 

licensee, or otherwise available to the 

petitioner. The requester/petitioner may 

amend those contentions or file new 

contentions if there are data or 

conclusions in the NRC documents that 

differ significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

after the initial filing only with leave of 

the presiding officer. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E–Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further Information 

Documents related to this action, 

including the application for renewal 

and other supporting documentation, 

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 

Agency wide Document 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: 

1. ML080240243: Non-Sensitive 

License Renewal Application for SNM– 

180 (License No. SNM–180; Docket No. 

70–157). 

2. ML080420575: Acceptance of the 

University of Texas-Austin’s License 

Renewal Application and Notice of 

Timely Renewal Status (TAC L32659). 

3. ML092030534: Response to Request 

for Additional Information in Support of 

License Renewal Application for SNM– 

180. 

4. ML092030533: Revised NonSensitive License Renewal Application 

for SNM–180 (License No. SNM–180; 

Docket No. 70–157). 

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) 


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46628 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

filing requirements of the NRC’s ‘‘E-Filing Rule,’’ 

the initial request to access SUNSI and/or SGI 

under these procedures should be submitted as 

described in this paragraph. 

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 requester’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention or 

non-adjudicatory access to SGI. 

3The requester 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 requester 

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. 

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 Public Document 

Room, O 1 F21, One White Flint North, 

11555 Rockville Pike, Rockville, MD 

20852. The PDR reproduction contractor 

will copy documents for a fee. 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) and 

Safeguards Information (SGI) for 

Contention Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information (including 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR Parts 2 and 73. The intent of this 

Order is to make those requirements 

more specific to this proceeding; 

however, 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 as defined in 10 CFR 2.4 

who believes access to SUNSI or SGI is 

necessary for a response to the notice 

may request access to SUNSI or SGI. A 

‘‘potential party’’ is any person who 

intends or may intend to participate as 

a party by demonstrating standing and 

filing an admissible contention under 10 

CFR 2.309. Requests for access to SUNSI 

or 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 requester shall submit a letter 

requesting permission to access SUNSI 

and/or 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.Resource@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 of license renewal 

application and opportunity to request a 

hearing; 

(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) If the request is for SUNSI, the 

identity of the individual or entity 

requesting access to SUNSI and the 

requester’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly-available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention; 

(4) If the request is for SGI, 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 requester in evaluating the SGI. 

In addition, the 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 requester 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) Web 

site, a secure Web site that is owned and 

operated by the Office of Personnel 

Management. To obtain online access to 

the form, the requester 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 20555–001, 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 requester 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, as 

stated in 10 CFR 73.59, the requestor 

should also provide a statement 

specifically stating which exemption the 

requestor is invoking, and explaining 

the requestor’s basis for believing that 

the exemption is applicable. While 

processing the request, the Office of 

Administration, Personnel Security 

Branch, will make a final determination 

whether the stated exemption applies. 


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5Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must 

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

6Any 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. 

7As of October 15, 2007, the NRC’s final ‘‘E– 

Filing Rule’’ became effective. See Use of Electronic 

Submissions in Agency Hearings (72 FR 49139; 

August 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/SGI 

requests submitted to the NRC staff under these 

procedures. 

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.4)(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 paragraphs 

C.3) or C.4) above, as applicable, the 

NRC staff will determine within 10 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) The requestor has established a 

legitimate need for access to SUNSI or 

need to know the SGI requested. 

F. For requests for access to SUNSI, if 

the NRC staff determines that the 

requestor satisfies both (E.1) and (E.2) 

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but not be limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 5 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

G. For requests for access to SGI, 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. Those conditions may 

include, but not be limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 6 by 

each individual who will be granted 

access to SGI. 

H. 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. 

I. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI or SGI must be filed by the 

requestor no later than 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 or SGI 

contentions by that later deadline. 

J. Review of Denials of Access 

(1) If the request for access to SUNSI 

or 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 

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 is provided an opportunity to 

correct or explain information. 

(3) The requester may challenge the 

NRC staff’s adverse determination with 

respect to access to SUNSI by filing a 

challenge within 5 days of receipt of 

that determination with: (a) The 

presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an administrative law judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

(4) The requester may challenge the 

NRC staff’s or Office of Administration’s 

adverse determination with respect to 

access to SGI 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. 

K. Review of Grants of Access. A party 

other than the requester may challenge 

an NRC staff determination granting 

access to SUNSI or 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 2.311.7

L. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 


erowe on DSK5CLS3C1PROD with NOTICES
46630 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

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 3rd day 

of September, 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

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

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) AND SAFEGUARDS INFORMATION (SGI) IN THIS PROCEEDING

Day Event/activity 

0 .................. Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ................ Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or 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, for SGI, including application fee 

for fingerprint/background check. 

20 ................ Nuclear Regulatory Commission (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 (1) need for SUNSI or (2) need to know for 

SGI. (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). 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,’’ no ‘‘need to know,’’ or no 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. 

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

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

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 determination either before the presiding officer or another 

designated officer. 

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 and/or SGI consistent with decision issuing the 

protective order. 

A + 28 ......... Deadline for submission of contentions whose development depends upon access to SUNSI and/or 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 SUNSI or SGI contentions by that 

later deadline. 

A + 53 ......... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

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

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

[FR Doc. E9–21893 Filed 9–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0296] 

Exelon Corporation and NRG South 

Texas LP; Notice of Withdrawal of 

Application for Indirect Transfer of 

Control of Facility Operating Licenses 

South Texas Project, Units 1 and 2 

The U.S. Nuclear Regulatory 

Commission (the Commission, NRC) has 

granted the request of Exelon 

Corporation (the applicant, Exelon) to 

withdraw its January 29, 2009, 

application, as supplemented by letter 

dated March 18, 2009, for the proposed 

indirect transfer of control of the 

following Facility Operating Licenses: 

NRG South Texas LP (NRG South 

Texas) Units: 

South Texas Project (STP), Units 1 

and 2, Facility Operating License 

Nos. NPF–76 and NPF–80. 

Exelon Generation Company, LLC 

(Exelon Generation Company) 

Units: 

Braidwood Station, Units 1 and 2, 

Facility Operating License Nos. 

NPF–72 and NPF–77; 


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