Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices 51323 

period on this information collection on 

July 1, 2009. 

1. Type of submission, new, revision, 

or extension: Extension with Burden 

Adjustment. 

2. The title of the information 

collection: NRC Form 398, ‘‘Personal 

Qualification Statement—Licensee’’. 

3. Current OMB approval number: 

3150–0090. 

4. The form number if applicable: 

NRC Form 398. 

5. How often the collection is 

required: On occasion and every six 

years (at renewal). 

6. Who will be required or asked to 

report: Individuals requiring a license to 

operate controls at a nuclear reactor. 

7. An estimate of the number of 

annual responses: 1,410 (one each per 

respondent). 

8. The estimated number of annual 

respondents: 1,410. 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 3,285 (2.33 

hours per response). 

10. Abstract: NRC Form 398 requests 

detailed information that should be 

submitted by a licensing applicant and 

facility licensee when applying for a 

new or renewal license to operate the 

controls at a nuclear reactor facility. 

This information, once collected, would 

be used for licensing actions and for 

generating reports on the Operator 

Licensing Program. 

A copy of the final supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, 

Maryland 20852. OMB clearance 

requests are available at the NRC 

worldwide Web site: http:// 

www.nrc.gov/public-involve/doccomment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by November 5, 2009. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

Christine J. Kymn, Office of Information 

and Regulatory Affairs (3150–0090), 

NEOB–10202, Office of Management 

and Budget, Washington, DC 20503. 

The NRC Clearance Officer is 

Tremaine Donnell, (301) 415–6258. 

Dated at Rockville, Maryland, this 25th day 

of September, 2009. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. E9–24050 Filed 10–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–143; NRC–2009–0435] 

Notice of Receipt of License Renewal 

Application From Nuclear Fuel 

Services, Erwin, Tennessee, and 

Opportunity to Request a Hearing, and 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information (SUNSI) 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 December 7, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kevin M. Ramsey, 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– 

3123; Fax number: (301) 492–3359; 

e-mail: kevin.ramsey@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) has received, by 

letters dated June 30 and August 28, 

2009, a request for renewal of Special 

Nuclear Material License No. SNM–124 

from Nuclear Fuel Services, Inc. (NFS), 

located in Erwin, Tennessee. License 

No. SNM–124 authorizes NFS to 

manufacture reactor fuel at its fuel 

fabrication facility using high-enriched 

and low-enriched uranium. Specifically, 

the request would authorize NFS to 

continue licensed activities for 40 years. 

An administrative review, 

documented in a letter to NFS dated 

September 3, 2009, found the 

application acceptable to begin a formal 

technical review. If the NRC approves 

the request, the approval will be 

documented in NRC License No. SNM– 

124. However, before approving the 

proposed amendment, 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. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application to 

renew Material License No. SNM–124 at 

NFS’ fuel fabrication facility located in 

Erwin, Tennessee. 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 website 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
51324 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices 

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 website 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 

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 

website at http://www.nrc.gov/site-help/ 

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 

December 7, 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, environmental report, or 

other supporting document filed by an 

applicant or licensee, or otherwise 

available to the petitioner. On issues 

arising under the National 

Environmental Policy Act, the 

requester/petitioner shall file 

contentions based on the applicant’s 

environmental report. The requester/ 

petitioner may amend those contentions 

or file new contentions if there are data 

or conclusions in the NRC draft, or final 

environmental assessment, 

environmental impact statement, or any 

supplements relating thereto 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. 

Each contention shall be given a 

separate numeric or alpha designation 

within one of the following groups: 

1. Technical—primarily concerns 

issues relating to matters discussed or 

referenced in the Safety Evaluation 

Report for the proposed action. 

2. Environmental—primarily concerns 

issues relating to matters discussed or 

referenced in the Environmental Report 

for the proposed action. 

3. Emergency Planning—primarily 

concerns issues relating to matters 

discussed or referenced in the 

Emergency Plan as it relates to the 

proposed action. 

4. Physical Security—primarily 

concerns issues relating to matters 

discussed or referenced in the Physical 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices 51325 

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 under these 

procedures should be submitted as described in this 

paragraph. 

2Any 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. 

Security Plan as it relates to the 

proposed action. 

5. Miscellaneous—does not fall into 

one of the categories outlined above. 

If the requester/petitioner believes a 

contention raises issues that cannot be 

classified as primarily falling into one of 

these categories, the requester/petitioner 

must set forth the contention and 

supporting bases, in full, separately for 

each category into which the requester/ 

petitioner asserts the contention belongs 

with a separate designation for that 

category. 

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 

amendment 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 agencywide 

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. ML091900061: License Renewal 

Application dated June 30, 2009. 

2. ML092450469: Additional 

Information for License Renewal dated 

August 28, 2009. 

3. ML091450265: Acceptance of 

Application for Technical Review dated 

September 3, 2009. 

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 Public Document 

Room, O1F21, 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 for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI). 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request such access. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI 

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 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Associate 

General Counsel for Hearings, 

Enforcement and Administration, Office 

of the General Counsel, Washington, DC 

20555–0001. The expedited delivery or 

courier mail address for both offices is: 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The e-mail address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); 

(3) The identity of 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; 

D. Based on an evaluation of the 

information submitted under paragraph 

C.(3) the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requester has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

requester satisfies both D.(1) and D.(2) 

above, the NRC staff will notify the 

requester in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requester may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requester no 

later than 25 days after the requester is 

granted access to that information. 

However, if more than 25 days remain 

between the date the petitioner is 

granted access to the information and 

the deadline for filing all other 

contentions (as established in the notice 

of hearing or opportunity for hearing), 

the petitioner may file its SUNSI 

contentions by that later deadline. 

G. Review of Denials of Access. 

(1) If the request for access to SUNSI 

is denied by the NRC staff either after 

a determination on standing and need 

for access, or after a determination on 

trustworthiness and reliability, the NRC 

staff shall immediately notify the 

requester in writing, briefly stating the 

reason or reasons for the denial. 


jlentini on DSKJ8SOYB1PROD with NOTICES
51326 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices 

3Requesters should note that the filing 

requirements of the NRC’s E-Filing Rule (August 28, 

2007; 72 FR 49139) 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 request submitted to the 

NRC staff under these procedures. 

(2) The requester may challenge the 

NRC staff’s adverse determination 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. 

H. Review of Grants of Access. 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 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 2.311.3

I. 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. 

It is so ordered. 

Dated at Rockville, Maryland, this 30th 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 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) 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. 

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 ....... 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 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). 

25 ....... If NRC staff finds no ‘‘need’’ 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). 

Day Event/activity 

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 NonDisclosure 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/Intervener reply to answers. 

>A + 60 Decision on contention admission. 

[FR Doc. E9–24049 Filed 10–5–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0433] 

Biweekly Notice; Applications and 

Amendments to Facility Operating 

Licenses Involving No Significant 

Hazards Considerations 

I. Background 

Pursuant to section 189a. (2) of the 

Atomic Energy Act of 1954, as amended 

(the Act), the U.S. Nuclear Regulatory 

Commission (the Commission or NRC) 

is publishing this regular biweekly 

notice. The Act requires the 

Commission publish notice of any 

amendments issued, or proposed to be 

issued and grants the Commission the 

authority to issue and make 

immediately effective any amendment 

to an operating license upon a 

determination by the Commission that 

such amendment involves no significant 


jlentini on DSKJ8SOYB1PROD with NOTICES