[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7613-7618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3246]


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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.

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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:
    <bullet> 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,

[[Page 7614]]

telephone: 301-492-3668; email: <a href="/cdn-cgi/l/email-protection#76351704191a5831171a1a17111e13043618041558111900"><span class="__cf_email__" data-cfemail="753614071a195b3214191914121d1007351b07165b121a03">[email protected]</span></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.

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: <a href="/cdn-cgi/l/email-protection#90d7f5fff6f6e2f5e9bec7f5e2e4ead0fee2f3bef7ffe6"><span class="__cf_email__" data-cfemail="b4f3d1dbd2d2c6d1cd9ae3d1c6c0cef4dac6d79ad3dbc2">[email protected]</span></a>.

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:
    <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 email to <a href="/cdn-cgi/l/email-protection#e9998d9bc79b8c9a869c9b8a8ca9879b8ac78e869f"><span class="__cf_email__" data-cfemail="4e3e2a3c603c2b3d213b3c2d2b0e203c2d60292138">[email protected]</span></a>. 
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.
    <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-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, Sec.  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

[[Page 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 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 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 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 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 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.
    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 <a href="/cdn-cgi/l/email-protection#8ae2efebf8e3e4eda4eee5e9e1effecae4f8e9a4ede5fc"><span class="__cf_email__" data-cfemail="e8808d899a81868fc68c878b838d9ca8869a8bc68f879e">[email protected]</span></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 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

[[Page 7616]]

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 email at 
<a href="/cdn-cgi/l/email-protection#e1acb2a9a5cfb384928e94938284a18f9382cf868e97"><span class="__cf_email__" data-cfemail="216c7269650f7344524e54534244614f53420f464e57">[email protected]</span></a>, or by a toll-free 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 Non-
Safeguards 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="fbb39e9a8992959cd5bf9498909e8fbb958998d59c948d">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#b4fbf3f7d9d5ddd8d7d1dac0d1c6f4dac6d79ad3dbc2"><span class="__cf_email__" data-cfemail="bef1f9fdd3dfd7d2dddbd0cadbccfed0ccdd90d9d1c8">[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 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),

[[Page 7617]]

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\
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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.

    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
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            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.
------------------------------------------------------------------------


[[Page 7618]]

[FR Doc. 2012-3246 Filed 2-10-12; 8:45 am]
BILLING CODE 7590-01-P


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