[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 52018-52022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21214]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-288; NRC-2011-0172]


Reed College, Facility License No. R-112; Notice of Acceptance 
for Docketing and Opportunity To Provide Comments and/or Request a 
Hearing and Order Imposing Procedures for Access to Sensitive 
Unclassified Non-Safeguards Information

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Acceptance for Docketing.

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DATES: Submit comments by October 18, 2011. Requests for a hearing must 
be filed by October 18, 2011. Any potential party as defined in Title 
10 of the Code of Federal Regulations (10 CFR), Section 2.4 who 
believes access to Sensitive Unclassified Non-Safeguards Information 
(SUNSI) is necessary to respond to this notice must request document 
access by August 29, 2011.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2011-0172 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the U.S. Nuclear Regulatory Commission (NRC or the 
Commission) Web site and on the Federal Rulemaking Web site, http://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed. You may submit comments by any one of the following 
methods:
    <bullet> Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0172. Address questions about NRC dockets to Carol Gallagher, 
telephone: 301-492-3668; e-mail: <a href="/cdn-cgi/l/email-protection#adeeccdfc2c183eaccc1c1cccac5c8dfed91cc8dc5dfc8cb90" http: nrc.gov">nrc.gov</a>">Carol.Gallagher@nrc.gov</a>.
    <bullet> Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    <bullet> Fax comments to: RADB at 301-492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
    <bullet> NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of the NRC's public documents. If 
you do not have access to ADAMS or if there are problems in accessing 
the documents located in ADAMS, contact the NRC's PDR reference staff 
at 1-800-397-4209, 301-415-4737, or by e-mail to <a href="/cdn-cgi/l/email-protection#06766274287463756973746563463a67266e7463603b" http: nrc.gov">nrc.gov</a>">pdr.resource@nrc.gov</a>. 
The initial application and other related documents may be accessed in 
ADAMS, under ADAMS Accession Nos.: ML092200010, ML100610121, 
ML102360016, ML102990489 and ML111520559.
    <bullet> Federal Rulemaking Web Site: Public comments and 
supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID NRC-2011-0172.

FOR FURTHER INFORMATION CONTACT: A. Francis DiMeglio, Project Manager, 
Research and Test Reactors Licensing Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Rockville, MD 20852. Telephone: 301-415-0894; e-
mail: <a href="/cdn-cgi/l/email-protection#713703101f1218025f35183c14161d181e314d1051190314174c" http: nrc.gov">nrc.gov</a>">Francis.DiMeglio@nrc.gov</a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering an application for the renewal of Facility 
License No. R-112 (``Application''), which currently authorizes the 
Reed College (the licensee) to operate the Reed Research Reactor at a 
maximum steady-state thermal power of 250 kilowatts (kW) thermal power. 
The renewed license would authorize the

[[Page 52019]]

applicant to operate the Reed Research Reactor up to a steady-state 
thermal power of 250 kW for an additional 20 years from the date of 
issuance.
    On August 29, 2007, the NRC received an application from the 
licensee filed pursuant to 10 CFR 50.51(a) to renew Facility License 
No. R-112 for the Reed Research Reactor. In addition, the licensee also 
requested an upgrade of the licensed power level to 500 kW as part of 
the license renewal request. By letter dated January 26, 2010, as 
supplemented by letters dated July 30, 2010, October 15, 2010, and May 
20, 2011, the licensee amended the license renewal application 
submitted earlier and requested that the license be renewed at the 
power level of 250 kW.
    The application contains SUNSI.
    Based on its initial review of the application, the NRC staff 
determined that Reed College submitted sufficient information in 
accordance with 10 CFR 50.33 and 10 CFR 50.34 so that the application 
is acceptable for docketing. The current Docket No. 50-288 for Facility 
Operating License No. R-112 will be retained. The docketing of the 
renewal application does not preclude requests for additional 
information as the review proceeds, nor does it predict whether the 
Commission will grant or deny the application. Prior to a decision to 
renew the license, the Commission will make findings required by the 
Atomic Energy Act of 1954, as amended (the Act), and the Commission's 
rules and regulations.

II. Opportunity To Request a Hearing

    Requirements for hearing requests and petitions for leave to 
intervene are found in 10 CFR 2.309, ``Hearing requests, Petitions to 
Intervene, Requirements for Standing, and Contentions.'' Interested 
persons should consult 10 CFR part 2, Section 2.309, which is available 
at the NRC's Public Document Room (PDR), located at O1-F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR 
at (800) 397-4209 or (301) 415-4737). NRC regulations are also 
accessible electronically from the NRC's Electronic Reading Room on the 
NRC Web site at http://www/nrc.gov.

III. Petitions for Leave To Intervene

    Any person whose interest may be affected by this proceeding and 
who wishes to participate as a party in the proceeding must file a 
written petition for leave to intervene. As required by 10 CFR 2.309, a 
petition for leave to intervene shall set forth with particularity the 
interest of the petitioner in the proceeding and how that interest may 
be affected by the results of the proceeding. The petition must provide 
the name, address, and telephone number of the petitioner and 
specifically explain the reasons why intervention should be permitted 
with particular reference to the following factors: (1) The nature of 
the petitioner's right under the Act to be made a party to the 
proceeding; (2) the nature and extent of the petitioner's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any order that may be entered in the proceeding on the 
petitioner's interest.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the petitioner must provide a specific 
statement of the issue of law or fact to be raised or controverted, as 
well as a brief explanation of the basis for the contention. 
Additionally, the petitioner must demonstrate that the issue raised by 
each contention is within the scope of the proceeding and is material 
to the findings the NRC must make to support the granting of a license 
renewal in response to the application. The petition must also include 
a concise statement of the alleged facts or expert opinions which 
support the position of the petitioner and on which the petitioner 
intends to rely at hearing, together with references to the specific 
sources and documents on which the petitioner intends to rely. Finally, 
the petition must provide sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact, 
including references to specific portions of the application for 
license renewal that the petitioner disputes and the supporting reasons 
for each dispute, or, if the petitioner believes that the application 
for license renewal fails to contain information on a relevant matter 
as required by law, the identification of each failure and the 
supporting reasons for the petitioner's belief. Each contention must be 
one that, if proven, would entitle the petitioner to relief.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the Commission, the Atomic Safety and 
Licensing Board or a Presiding Officer that the petition should be 
granted and/or the contentions should be admitted based upon a 
balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    A State, county, municipality, Federally-recognized Indian Tribe, 
or agencies; thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(d)(2). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
October 18, 2011. The petition must be filed in accordance with the 
filing instructions in Section IV of this document, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that State, local governmental bodies, and Federally-
recognized Indian tribes do not need to address the standing 
requirements in 10 CFR 2.309(d)(1) if the facility is located within 
its boundaries. The entities listed above could also seek to 
participate in a hearing as a nonparties pursuant to 10 CFR 2.315(c).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to such limits and 
conditions as may be imposed by the Atomic Safety and Licensing Board. 
Persons desiring to make a limited appearance are requested to inform 
the Secretary of the Commission by October 18, 2011.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-

[[Page 52020]]

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 participant should 
contact the Office of the Secretary by e-mail at 
<a href="/cdn-cgi/l/email-protection#1a727f7b6873747d347e7579717f6e5a267b3a72687f7c27" http: nrc.gov">nrc.gov</a>">hearing.docket@nrc.gov</a>, or by telephone at 301-415-1677, to request (1) 
a digital ID certificate, which allows the participant (or its counsel 
or representative) to digitally sign documents and access the E-
Submittal server for any proceeding in which it is participating; and 
(2) advise the Secretary that the participant will be submitting a 
request or petition for hearing (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
E-Filing system also distributes an 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 by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
<a href="/cdn-cgi/l/email-protection#602d2428244e3205130f15120305205c0140081205065d" http: nrc.gov">nrc.gov</a>">MDHD.Resource@nrc.gov</a>, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852, Attention: Rulemaking and Adjudications Staff. Participants 
filing a document in this manner are responsible for serving the 
document on all other participants. Filing is considered complete by 
first-class mail as of the time of deposit in the mail, or by courier, 
express mail, or expedited delivery service upon depositing the 
document with the provider of the service. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehds.nrc.gov/EHDI, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    Petitions for leave to intervene must be filed no later than 60 
days from August 19, 2011. Non-timely filings will not be entertained 
absent a determination by the presiding officer that the petition or 
request should be granted or the contentions should be admitted, based 
on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-
(viii).
    Detailed guidance which the NRC uses to review applications for the 
renewal of non-power reactor licenses can be found in NUREG-1537, 
``Guidelines for Preparing and Reviewing Applications for the Licensing 
of Non-Power Reactors,'' and ``Interim Staff Guidance (ISG) on the 
Streamlined Review Process for License Renewal for Research Reactors.'' 
The detailed review guidance (NUREG-1537 and the ISG) may be accessed 
online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html 
under ADAMS Accession No. ML042430055 for part one of NUREG-1537, ADAMS 
Accession No. ML042430048 for part two of NUREG-1537, and ADAMS 
Accession No. ML092240244 for the ISG.

[[Page 52021]]

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this opportunity to request 
a 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 requestor 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 <a href="/cdn-cgi/l/email-protection#86eee3e7f4efe8e1a8e2e9e5ede3f2c6bae7a6eef4e3e0bb" http: nrc.gov">nrc.gov</a>">hearing.docket@nrc.gov</a> and <a href="/cdn-cgi/l/email-protection#723d35311f131b1e11171c061700324e13521a0017144f" http: nrc.gov">nrc.gov</a>">OGCmailcenter@nrc.gov</a>, 
respectively.\1\ The request must include the following information:
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    \1\ 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.
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    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); and
    3. The identity of the individual or entity requesting access to 
SUNSI and the requestor'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 requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(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 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.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
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.
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    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 requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted access 
to the information and the deadline for filing all other contentions 
(as established in the notice of hearing or opportunity for hearing), 
the petitioner may file its 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 requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requestor 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 requestor 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\
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    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI request submitted to the NRC staff under these 
procedures.
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    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 15th day of August, 2011.
    For the Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

[[Page 52022]]



   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
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             Day                             Event/Activity
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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 requestor 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/requestor 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.
>A + 60......................  Decision on contention admission.
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[FR Doc. 2011-21214 Filed 8-18-11; 8:45 am]
BILLING CODE 7590-01-P


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