Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 7613 

effects, however radiation doses from 

continued operations associated with 

the license renewal are expected to 

continue at current levels, and would be 

well below regulatory limits. 

Based on this information and the 

analysis of human health and 

environmental impacts presented in this 

environmental assessment, the NRC 

staff concludes that the proposed action 

would not have disproportionately high 

and adverse human health and 

environmental effects on minority and 

low-income populations residing in the 

vicinity of the UCINRF. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to license renewal, 

the NRC considered denying of the 

proposed action. If the NRC denied the 

request for license renewal, reactor 

operations would cease and 

decommissioning would be required. 

The NRC staff notes that, even with a 

renewed license, the UCINRF will 

eventually require decommissioning, at 

which time the environmental effects of 

decommissioning will occur. 

Decommissioning will be conducted in 

accordance with an NRC-approved 

decommissioning plan which would 

require a separate environmental review 

under 10 CFR 51.21. Cessation of 

facility operations would reduce or 

eliminate radioactive effluents and 

emissions. However, as previously 

discussed in this environmental 

assessment, radioactive effluents and 

emissions from reactor operations 

constitute only a small fraction of the 

applicable regulatory limits. Therefore, 

the environmental impacts of license 

renewal and the denial of the request for 

license renewal would be similar. In 

addition, denying the request for license 

renewal would eliminate the benefits of 

teaching, research, and services 

provided by the UCINRF. 

Alternative Use of Resources 

The proposed action does not involve 

the use of any different resources or 

significant quantities of resources 

beyond those previously considered in 

the issuance of the original Facility 

License R–116 to the Regents of the 

University of California for the UCINRF 

on November 24, 1969. 

Agencies and Persons Consulted 

The NRC staff provided a draft of this 

Environmental Assessment to the 

California Energy Commission for 

review on April 7, 2010. By telephone 

call on May 13, 2010, the California 

Energy Commission acknowledged 

receiving this draft Environmental 

Assessment and had no comments. 

The NRC staff also provided 

information about the proposed activity 

to the State Office of Historical 

Preservation for review on April 7, 

2010. By letter dated April 27, 2010, the 

Office of Historical Preservation agreed 

with the NRC regarding the conclusions 

of the historical assessment, and 

otherwise had no comments. 

Finding of No Significant Impact 

On the basis of the environmental 

assessment, the NRC concludes that the 

proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

III. Further Information 

Documents related to this action, 

including the application for 

amendment and 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 

Documents 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: October 18, 1999, 

ADAMS Accession No. ML083110112, 

as supplemented by letters dated 

October 23 and October 31, 1999 

(ADAMS Accession Nos. ML083110488 

and ML100332002, respectively), April 

24, 2000 (ADAMS Accession No. 

ML003708602), January 27, May 17, July 

14, and October 20, 2010 (ADAMS 

Accession Nos. ML100290365, 

ML101400027, ML101970039, and 

ML102980015, respectively), June 7, 

June 24, August 1, October 3, October 5, 

and December 2, 2011 (ADAMS 

Accession Nos. ML111950380, 

ML11188A083, ML11255A073, 

ML120110012, ML11290A041, 

ML113530010, and ML11348A104, 

respectively). Also see the license’s 

annual reports 1999–2000, (ADAMS 

Accession No. ML003747460), 2000– 

2001 (ADAMS Accession No. 

ML012190047), 2001–2002 (ADAMS 

Accession No. ML022550427), 2002– 

2003 (ADAMS Accession No. 

ML032180735), 2003–2004 (ADAMS 

Accession No. ML042330395), 2004– 

2005 (ADAMS Accession No. 

ML052550050), 2005–2006 (ADAMS 

Accession No. ML062410426), 2006– 

2007 (ADAMS Accession No. 

ML072130493), 2007–2008 (ADAMS 

Accession No. ML082550403), 2008– 

2009 (ADAMS Accession No. 

ML092330118). 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 email to pdr.resource@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O 1 F21, One White Flint 

North, 11555 Rockville Pike Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Rockville, Maryland, this 2nd day 

of February, 2012. 

For The Nuclear Regulatory Commission. 

Jessie F. Quichocho, 

Branch Chief, Research and Test Reactors 

Licensing Branch, Division of Policy and 

Rulemaking, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2012–3298 Filed 2–10–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 50–264; NRC–2012–0026] 

Dow Chemical Company; Dow 

Chemical TRIGA Research Reactor; 

Facility Operating License No. R–108 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License renewal application; 

opportunity to provide comments, 

request a hearing and to petition for 

leave to intervene, order. 

DATES: Submit comments by March 14, 

2012. Requests for a hearing or leave to 

intervene must be filed by April 13, 

2012. 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 February 

23, 2012. 

ADDRESSES: Please include Docket ID 

NRC–2012–0026 in the subject line of 

your comments. For additional 

instructions on submitting comments 

and instructions on accessing 

documents related to this action, see 

‘‘Submitting Comments and Accessing 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

You may submit comments by any one 

of the following methods: 

• Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2012–0026. Address questions 

about NRC dockets to Carol Gallagher, 


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7614 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 

telephone: 301–492–3668; email: 

Carol.Gallagher@nrc.gov. 

• 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. 

• Fax comments to: RADB at 301– 

492–3446. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey Wertz, 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: 301–415–0893; email: 

Geoffrey.Wertz@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC 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 can access publicly available 

documents related to this document 

using the following methods: 

• 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. 

• 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 email to 

pdr.resource@nrc.gov. The initial 

application and other related documents 

may be accessed in ADAMS under 

ADAMS Accession Nos.: ML091060739, 

ML092150443, ML102720859, 

ML110130501, ML110490391, 

ML113460120, ML112150327, 

ML11249A043, ML112930035, 

ML113410168, and ML113460038. 

• 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–2012– 

0026. 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering an application for the 

renewal of Facility Operating License 

No. R–108 (‘‘Application’’), which 

currently authorizes the Dow Chemical 

Company (the licensee) to operate the 

Dow Chemical TRIGA Research Reactor 

(DTRR) at a maximum steady-state 

thermal power of 300 kilowatts (kW) 

thermal. The renewed license would 

authorize the applicant to operate the 

DTRR up to a steady-state thermal 

power of 300 kW for an additional 20 

years from the date of issuance. 

On April 1, 2009, as supplemented by 

letters dated August 11, September 24, 

2010, January 12, February 11, April 11, 

August 12, August 31, October 12, 

November 10, and December 6, 2011, 

the NRC received an application from 

the licensee filed pursuant to 10 CFR 

50.51(a) to renew Facility Operating 

License No. R–108 for the DTRR. 

The application contains SUNSI. 

Based on its initial review of the 

application, the NRC staff determined 

that DTRR 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. 50–264 for 

Facility Operating License No. R–108 

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. 

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. 

II. Opportunity To Request a Hearing 

and Petitions for Leave To Intervene 

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, § 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 1–800–397–4209 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. 

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 


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 7615 

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 crossexamination 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 April 

13, 2012. 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 Federallyrecognized 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 nonparty 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 April 13, 2012. 

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 EFiling 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 email at 

hearing.docket@nrc.gov, 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 NRCissued 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 ESubmittal 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/esubmittals.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/esubmittals.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 email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

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 


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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. 

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/esubmittals.html, by email at 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. 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:// 

ehd1.nrc.gov/ehd/, 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 

February 13, 2012. 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). 

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 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 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 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); 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 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. 

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), 


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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 7617 

3Requesters 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. 

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 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. 

For the Commission. 

Dated at Rockville, Maryland, this 7th day 

of February, 2012. 

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). 

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. 


erowe on DSK2VPTVN1PROD with NOTICES
7618 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Notices 

[FR Doc. 2012–3246 Filed 2–10–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards; Meeting of the ACRS 

Subcommittee on Regulatory Policies 

and Practices; Notice of Meeting 

The ACRS Subcommittee on 

Regulatory Policies and Practices will 

hold a meeting on March 6, 2012, Room 

T–2B1, 11545 Rockville Pike, Rockville, 

Maryland. 

The entire meeting will be open to 

public attendance. 

The agenda for the subject meeting 

shall be as follows: 

Tuesday, March 6, 2012—1 p.m. until 5 

p.m. 

The Subcommittee will discuss the 

new Construction Reactor Oversight 

Process (cROP) Pilot Program Plan 

applicable to construction oversight of 

new plans being constructed under the 

10 CFR 50 process. The Subcommittee 

will hear presentations by and hold 

discussions with the NRC staff and 

other interested persons regarding this 

matter. The Subcommittee will gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the Full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official (DFO), Mr. Girija 

Shukla (Telephone 301–415–6855 or 

Email: Girija.Shukla@nrc.gov) five days 

prior to the meeting, if possible, so that 

appropriate arrangements can be made. 

Thirty-five hard copies of each 

presentation or handout should be 

provided to the DFO thirty minutes 

before the meeting. In addition, one 

electronic copy of each presentation 

should be emailed to the DFO one day 

before the meeting. If an electronic copy 

cannot be provided within this 

timeframe, presenters should provide 

the DFO with a CD containing each 

presentation at least thirty minutes 

before the meeting. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. Detailed 

procedures for the conduct of and 

participation in ACRS meetings were 

published in the Federal Register on 

October 17, 2011, (76 FR 64126–64127). 

Detailed meeting agendas and meeting 

transcripts are available on the NRC 

Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information 

regarding topics to be discussed, 

changes to the agenda, whether the 

meeting has been canceled or 

rescheduled, and the time allotted to 

present oral statements can be obtained 

from the Web site cited above or by 

contacting the identified DFO. 

Moreover, in view of the possibility that 

the schedule for ACRS meetings may be 

adjusted by the Chairman as necessary 

to facilitate the conduct of the meeting, 

persons planning to attend should check 

with these references if such 

rescheduling would result in a major 

inconvenience. 

If attending this meeting, please enter 

through the One White Flint North 

building, 11555 Rockville Pike, 

Rockville, MD. After registering with 

security, please contact Mr. Theron 

Brown (240–888–9835) to be escorted to 

the meeting room. 

Dated: February 6, 2012. 

Antonio Dias, 

Technical Advisor, Advisory Committee on 

Reactor Safeguards. 

[FR Doc. 2012–3295 Filed 2–10–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards; Meeting of the ACRS 

Subcommittee on Reliability and PRA; 

Notice of Meeting 

The ACRS Subcommittee on 

Reliability and PRA will hold a meeting 

on March 7, 2012, Room T–2B1, 11545 

Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance. 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, March 7, 2012—8:30 a.m. 

until 5 p.m. 

The staff will discuss the draft 

Commission paper and the progress 

made from the tabletop exercises in 

response to the SRM on SECY 10–0121, 

‘‘Modifying the Risk-Informed 

Regulatory Guidance For New 

Reactors.’’ The Subcommittee will hear 

presentations by and hold discussions 

with the NRC staff and other interested 

persons regarding this matter. The 

Subcommittee will gather information, 

analyze relevant issues and facts, and 

formulate proposed positions and 

actions, as appropriate, for deliberation 

by the Full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official (DFO), John Lai 

(Telephone 301–415–5197 or Email: 

John.Lai@nrc.gov) five days prior to the 

meeting, if possible, so that appropriate 

arrangements can be made. Thirty-five 

hard copies of each presentation or 

handout should be provided to the DFO 

thirty minutes before the meeting. In 

addition, one electronic copy of each 

presentation should be emailed to the 

DFO one day before the meeting. If an 

electronic copy cannot be provided 

within this timeframe, presenters 

should provide the DFO with a CD 

containing each presentation at least 

thirty minutes before the meeting. 

Electronic recordings will be permitted 

only during those portions of the 

meeting that are open to the public. 

Detailed procedures for the conduct of 

and participation in ACRS meetings 

were published in the Federal Register 

on October 17, 2011, (76 FR 64126– 

64127). 

Detailed meeting agendas and meeting 

transcripts are available on the NRC 

Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information 

regarding topics to be discussed, 

changes to the agenda, whether the 

meeting has been canceled or 

rescheduled, and the time allotted to 

present oral statements can be obtained 

from the Web site cited above or by 

contacting the identified DFO. 

Moreover, in view of the possibility that 

the schedule for ACRS meetings may be 

adjusted by the Chairman as necessary 

to facilitate the conduct of the meeting, 

persons planning to attend should check 

with these references if such 

rescheduling would result in a major 

inconvenience. 

If attending this meeting, please enter 

through the One White Flint North 

building, 11555 Rockville Pike, 

Rockville, MD. After registering with 

security, please contact Mr. Theron 

Brown (240–888–9835) to be escorted to 

the meeting room. 

Dated: February 6, 2012. 

Antonio Dias, 

Technical Advisor, Advisory Committee on 

Reactor Safeguards. 

[FR Doc. 2012–3297 Filed 2–10–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards; Meeting of the ACRS 

Subcommittee on Planning and 

Procedures; Notice of Meeting 

The ACRS Subcommittee on Planning 

and Procedures will hold a meeting on 

March 7, 2012, Room T–2B3, 11545 

Rockville Pike, Rockville, Maryland. 


erowe on DSK2VPTVN1PROD with NOTICES