[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66509-66513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21079]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 07007004; EA-23-018; NRC-2023-0157]


In the Matter of American Centrifuge Operating, LLC; American 
Centrifuge Operating Oak Ridge

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
Confirmatory Order (Order) to American Centrifuge Operating, LLC (ACO, 
the licensee), as a result of a successful alternative dispute 
resolution mediation session completed on June 27, 2023. The 
commitments outlined in the Order were made as part of a settlement 
agreement concerning apparent violations by ACO for failing to meet NRC 
regulatory requirements related to protection of classified 
information. Details regarding the apparent violations contain 
security-related information and are therefore documented in a non-
public version of the Order. The Order is effective upon issuance.

DATES: The Order was issued on September 21, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0157 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0157. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#3d6e495c5e44136e5e5548505c53537d534f5e135a524b"><span class="__cf_email__" data-cfemail="72210613110b5c21111a071f131c1c321c00115c151d04">[email protected]</span></a>. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#560612047804332539232435331638243578313920"><span class="__cf_email__" data-cfemail="712135235f2314021e04031214311f03125f161e07">[email protected]</span></a>. The Confirmatory Order modifying 
the license of American Centrifuge Operating, LLC, is available in 
ADAMS under Accession No. ML23263B067.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#653521374b3700160a10170600250b17064b020a13"><span class="__cf_email__" data-cfemail="722236205c2017011d07001117321c00115c151d04">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Matthew Toth, Region II, telephone: 
404-997-4445; email: <a href="/cdn-cgi/l/email-protection#4e032f3a3a262b39601a213a260e203c2d60292138"><span class="__cf_email__" data-cfemail="420f2336362a27356c162d362a022c30216c252d34">[email protected]</span></a> and Mark Kowal, Region II, 
telephone: 404-997-4523, email: <a href="/cdn-cgi/l/email-protection#e9a4889b82c7a2869e8885a9879b8ac78e869f"><span class="__cf_email__" data-cfemail="1d507c6f763356726a7c715d736f7e337a726b">[email protected]</span></a>. Both are staff of 
the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: September 22, 2023.

    For the Nuclear Regulatory Commission.
Laura A. Dudes,
Regional Administrator, NRC Region II.

Attachment--Confirmatory Order Modifying License--American Centrifuge 
Operating--Oak Ridge

United States of America

Nuclear Regulatory Commission

    In the Matter of American Centrifuge Operating, LLC, American 
Centrifuge Operating Oak Ridge.


[[Page 66510]]


Docket Number 07007004, License Number SNM-2011, EA-23-018

Confirmatory Order Modifying License

I

    American Centrifuge Operating, LLC (ACO or Licensee) is the holder 
of Materials License No. SNM-2011 issued by the U.S. Nuclear Regulatory 
Commission (NRC or Commission) pursuant to part 95 of Title 10 of the 
Code of Federal Regulations (10 CFR). The license authorizes the 
operation of the ACO facility in Piketon, Ohio (ACO-Piketon), the ACO 
facility in Oak Ridge, Tennessee (ACO-OR), and the ACO headquarters 
facility in Bethesda, Maryland, in accordance with conditions specified 
therein.
    This Confirmatory Order (CO) is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on June 27, 2023, in Rockville, Maryland.

II

    On March 30, 2023, the NRC issued Special Inspection Report (IR) 
07007004/2023401 (Agencywide Documents Access and Management System 
(ADAMS) ML23074A222, public cover letter) to ACO-OR which documented 
the identification of apparent violations that were being considered 
for escalated enforcement action in accordance with the NRC Enforcement 
Policy. The apparent violations involved the licensee's failure to meet 
regulatory requirements. Details regarding the apparent violations 
contain security-related information and are therefore documented in 
the non-public version of the Confirmatory Order.
    By the same letter, dated March 30, 2023, the NRC notified ACO of 
the results of the inspection with an opportunity to: (1) provide a 
response in writing, (2) attend a predecisional enforcement conference 
or (3) participate in an ADR mediation session in an effort to resolve 
these concerns.
    In response to the NRC's letter of March 30, 2023, ACO requested 
the use of the NRC's ADR process to resolve differences it had with the 
NRC. On June 27, 2023, the NRC and ACO met in an ADR session mediated 
by a professional mediator arranged through the U.S. Department of 
Energy. The ADR process is one in which a neutral mediator, with no 
decision-making authority, assists the parties in reaching an agreement 
on resolving any differences regarding the dispute. This Confirmatory 
Order is issued pursuant to the agreement reached during the ADR 
process.

III

    During the ADR session, ACO and the NRC reached a preliminary 
settlement agreement. The elements of the agreement include the 
following:
    1. ACO acknowledged that the violations occurred as documented in 
NRC IR number 07007004/2023401 (ADAMS Accession No. ML23074A222, public 
cover letter) issued on March 30, 2023, and as described in Section II 
of this Order.
    2. In recognition of the prompt and comprehensive corrective 
actions taken in response to the apparent violations, as documented in 
this CO, discussed at the ADR, and documented in IR 07007004/2023401 
issued on March 30, 2023, ACO is not required to provide a written 
response in accordance with 10 CFR 2.201. The licensee initiated a root 
cause analysis investigation and established additional corrective 
actions based on results from that investigation. Corrective actions 
and enhancements completed by ACO contain security-related information 
and are therefore contained in the non-public version of the 
Confirmatory Order.
    3. For the purposes of this agreement, portions of the Confirmatory 
Order, as designated herein, will apply to ACO Oak Ridge (Oak Ridge), 
ACO-Piketon (Piketon), or both.
    4. Based on ACO's review of the incident and NRC's concerns with 
respect to precluding recurrence of the violations, ACO agrees to 
implement corrective actions and enhancements that contain security-
related information and are therefore documented in the non-public 
version of the Confirmatory Order.
    Within 15 months from the date of the Confirmatory Order, ACO will 
submit to the NRC for approval a revision to the Oak Ridge and Piketon 
Standard Practice Procedure Plans to reflect the commitments which 
include marking requirements, searching requirements, training, and 
root cause evaluation criteria. Details regarding the commitments 
contain security-related information and are in the described in the 
non-public version of the Confirmatory Order.
    5. Upon implementation of all the actions required of ACO in the 
Confirmatory Order, ACO will notify the NRC Region II Regional 
Administrator.
    6. The NRC considers the corrective actions discussed above to be 
appropriately prompt and comprehensive to address the causes which 
resulted in the incidents discussed in the NRC's IR dated March 30, 
2023.
    7. In consideration of the commitments delineated above, the NRC 
agrees not to cite the violations and agrees not to propose a civil 
penalty for all matters discussed in the NRC's IR dated March 30, 2023.
    8. The NRC agrees that the Confirmatory Order will not count as 
escalated enforcement in the civil penalty assessment process for 
future enforcement cases involving ACO.
    9. The Regional Administrator, NRC Region II, may relax or rescind, 
in writing, any of the above conditions of the Confirmatory Order upon 
a showing by ACO of good cause.
    10. The NRC and ACO agree that the above elements will be 
incorporated into issuance of a Confirmatory Order, with a Waiver of 
Hearing Rights.
    11. This agreement is binding upon successors and assigns of ACO.
    Based on the completed actions described above, and the commitments 
described in Section V below, the NRC agrees to not pursue any further 
enforcement action based on the apparent violations identified in the 
NRC's March 30, 2023, letter and the Order will not count as escalated 
enforcement in the civil penalty assessment process for future 
enforcement cases involving ACO.
    On September 12, 2023, ACO consented to issuing this Confirmatory 
Order with the commitments, as described in Section V below. ACO 
further agreed that this Confirmatory Order is to be effective upon 
issuance, the agreement memorialized in this Confirmatory Order settles 
the matter between the parties, and that ACO has waived its right to a 
hearing.

IV

    I find that ACO's actions completed and planned, as described in 
Section III above, combined with the commitments as set forth in 
Section V are acceptable and necessary, and conclude that with these 
commitments the public health and safety are reasonably assured. In 
view of the foregoing, I have determined that public health and safety 
require that ACO's commitments be confirmed by this Confirmatory Order. 
Based on the above and ACO's consent, this Confirmatory Order is 
effective upon issuance.

V

    Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 187 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR part 95, it is hereby ordered, 
effective upon issuance, that ACO ``License No. SNM-2011'' is modified 
as follows:
    Within 15 months from the date of the Confirmatory Order, ACO will 
submit to

[[Page 66511]]

the NRC for approval a revision to the Oak Ridge and Piketon Standard 
Practice Procedure Plans to reflect the commitments which include 
marking requirements, searching requirements, training, and root cause 
evaluation criteria. Details regarding the commitments contain 
security-related information and are in the described in the non-public 
version of the Confirmatory Order.
    This agreement is binding upon successors and assigns of ACO. The 
Regional Administrator, Region II, may, in writing, relax or rescind 
any of the above conditions upon demonstration by ACO or its successors 
of good cause.

VI

    Procedures for Access to Sensitive Unclassified Non-Safeguards 
Information (SUNSI) for Contention Preparation:
    A. This Confirmatory 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 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 of this notice 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 email 
addresses for the Office of the Secretary and the Office of the General 
Counsel are <a href="/cdn-cgi/l/email-protection#155d7074677c7b723b517a767e7061557b67763b727a63"><span class="__cf_email__" data-cfemail="054d6064776c6b622b416a666e6071456b77662b626a73">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#d9969e9ab4b8b0b5babcb7adbcab99b7abbaf7beb6af"><span class="__cf_email__" data-cfemail="8bc4ccc8e6eae2e7e8eee5ffeef9cbe5f9e8a5ece4fd">[email protected]</span></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 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 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. 
This provision does not extend the time for filing a request for a 
hearing and petition to intervene, which must comply with the 
requirements of 10 CFR 2.309.
    G. Review of Denials of Access.
    1. If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and need for access, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    2. The requester may challenge the NRC staffs 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) officer if that officer has been designated to rule on 
information access issues.
    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\
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    \3\ Requestors 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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    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 2 to this Order summarizes the general target schedule for

[[Page 66512]]

processing and resolving requests under these procedures.

VII

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Confirmatory Order, other than ACO, may 
request a hearing within thirty (30) calendar days of the date of 
issuance of this Confirmatory Order. Where good cause is shown, 
consideration will be given to extending the time to request a hearing. 
A request for extension of time must be made in writing to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and include a statement of good cause for the 
extension.
    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 (hereinafter 
``petition''), and documents filed by interested governmental entities 
participating under 10 CFR 2.315(c), must be filed in accordance with 
the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562, August 3, 2012). The E-Filing process requires participants 
to submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Participants may 
not submit paper copies of their filings unless they seek an exemption 
in accordance with the procedures described below.
    All documents filed in NRC adjudicatory proceedings, including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#2c64494d5e45424b0268434f4749586c425e4f024b435a"><span class="__cf_email__" data-cfemail="ffb79a9e8d969198d1bb909c949a8bbf918d9cd1989089">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (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 proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is 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. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's 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 document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#1b5648535f35497e68746e69787e5b756978357c746d"><span class="__cf_email__" data-cfemail="3f726c777b116d5a4c504a4d5c5a7f514d5c11585049">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have 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 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal 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 
should not include copyrighted materials in their submission.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    If a person (other than ACO) requests a hearing, that person shall 
set forth with particularity the manner in which his interest is 
adversely affected by this Confirmatory Order and shall address the 
criteria set forth in 10 CFR. 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an order designating the time and 
place of any hearings. If a hearing is held, the issue to be considered 
at such hearing shall be

[[Page 66513]]

whether this Confirmatory Order should be sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section V above shall be final 30 days from the date of 
this Confirmatory Order without further order or proceedings. If an 
extension of time for requesting a hearing has been approved, the 
provisions specified in Section V shall be final when the extension 
expires if a hearing request has not been received.

    For the Nuclear Regulatory Commission.

Laura A. Dudes,
Regional Administrator, NRC Region II.

    Dated this 21st day of September 2023.

Attachments: As stated

All Facilities Owned and Operated by American Centrifuge Operating, LLC

(1) American Centrifuge Operating, LLC
    Larry Cutlip, President, 400 Centrifuge Way, Oak Ridge, TN 37830
(2) American Centrifuge Operating, LLC--Piketon (ACO-Piketon)
    Docket No.: 07007004
    License No.: SNM-2011
    Mathew Snider, Enrichment Operations Plant Manager/Operations 
Manager, 3930 U.S. Route 23 South, P.O. Box 628, Mail Stop 7560, 
Piketon, Ohio 45661
(3) American Centrifuge Operating, LLC--Oak Ridge (ACO-OR)
    Docket No.: 07007004
    License No.: SNM-2011
    Mark McClure, Site Director, 400 Centrifuge Way, Oak Ridge, TN 
37830

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; and
                                      (ii) all contentions whose
                                      formulation does not require
                                      access to SUNSI (+25 Answers to
                                      petition for intervention; +7
                                      petitioner/requestor reply).
20.................................  U.S. Nuclear Regulatory Commission
                                      (NRC) staff informs the requester
                                      of the status 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 starts 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.
------------------------------------------------------------------------


------------------------------------------------------------------------
                Day                             Event/activity
------------------------------------------------------------------------
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/
                                      Intervener reply to answers.
>A + 60............................  Decision on contention admission.
------------------------------------------------------------------------


[FR Doc. 2023-21079 Filed 9-26-23; 8:45 am]
BILLING CODE 7590-01-P


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