Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 16077 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–0036; NRC–2012–0054] 

License Amendment Request From 

Westinghouse Electric Company, LLC, 

Hematite Decommissioning Project 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment request; 

opportunity to provide comments, 

request a hearing and to petition for 

leave to intervene, and Order. 

DATES: Submit comments by May 18, 

2012. Requests for a hearing or leave to 

intervene must be filed by May 18, 

2012. Any potential party as defined in 

Title 10 of the Code of Federal 

Regulations (10 CFR) 2.4, who believes 

access to Sensitive Unclassified NonSafeguards Information (SUNSI) and/or 

Safeguards Information (SGI) is 

necessary to respond to this notice must 

request document access by March 29, 

2012. 

ADDRESSES: You may access information 

and comment submissions related to 

this document, which the NRC 

possesses and is publically available, by 

searching on http://www.regulations.gov 

under Docket ID NRC–2012–0054. 

You may submit comments by the 

following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0054. Address 

questions about NRC dockets to Carol 

Gallagher; 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 additional direction on accessing 

information and submitting comments, 

see ‘‘Accessing Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: John 

J. Hayes, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

5928; email: John.Hayes@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and 

Submitting Comments 

A. Accessing Information 

Please refer to Docket ID NRC–2012– 

0054 when contacting the NRC about 

the availability of information regarding 

this document. You may access 

information related to this document, 

which the NRC possesses and is 

publicly-available, by the following 

methods: 

• Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0054. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publiclyavailable documents online in the NRC 

Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, 

select ‘‘ADAMS Public Documents’’ and 

then 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, 301–415–4737, or by 

email to pdr.resource@nrc.gov. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2012– 

0054 in the subject line of your 

comment submission, in order to ensure 

that the NRC is able to make your 

comment submission available to the 

public in this docket. 

The NRC cautions you not to include 

identifying or contact information in 

comment submissions that you do not 

want to be publicly disclosed. The NRC 

posts all comment submissions at 

http://www.regulations.gov as well as 

enters the comment submissions into 

ADAMS, and the NRC does not edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information in 

their comment submissions that they do 

not want to be publicly disclosed. Your 

request should state that the NRC will 

not edit comment submissions to 

remove such information before making 

the comment submissions available to 

the public or entering the comment 

submissions into ADAMS. 

II. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

has received a license amendment 

application from Westinghouse Electric 

Company, LLC (WEC or the licensee), 

dated January 16, 2012, for disposal of 

NRC-licensed source, byproduct, and 

special nuclear material pursuant to 10 

CFR 20.2002 from its former fuel cycle 

facility located in Festus, Missouri. The 

licensee holds NRC License No. SNM– 

33 and is authorized to conduct 

decommissioning activities at the 

facility. The amendment requests 

authorization for WEC to transfer 

decommissioning waste from the facility 

to U.S. Ecology Idaho, Inc., a Resource 

Conservation and Recovery Act (RCRA) 

Subtitle C disposal facility located near 

Grand View, Idaho. The U.S. Ecology 

Idaho facility is regulated by the Idaho 

Department of Environmental Quality 

and is not an NRC-licensed facility. 

Pursuant to 10 CFR 30.11 and 70.17, 

WEC’s application also requests that 

U.S. Ecology be granted exemptions 

from the licensing requirements of 10 

CFR 30.3 and 70.3 for byproduct and 

special nuclear material, respectively, so 

that the U.S. Ecology may accept the 

material under the terms of its facility 

permit. 

An NRC administrative review, 

documented in a letter to WEC dated 

February 3, 2012, (ADAMS Accession 

No. ML120240300) found the 

application acceptable to begin a 

technical review. If the NRC approves 

the amendment, the approval will be 

documented in an amendment to NRC 

License No. SNM–33. However, before 

approving the proposed amendment, the 

NRC will need to make the findings 

required by the Atomic Energy Act of 

1954, as amended, and the NRC’s 

regulations. These findings will be 

documented in a Safety Evaluation 

Report and an Environmental 

Assessment. 

III. 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 2.309, which is available 

at the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. You may 

also call the PDR at 1–800–397–4209 or 

301–415–4737. The NRC regulations are 

also accessible online in the NRC 

Library at http://www.nrc.govreadingrm/adams.html. 

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 


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16078 Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 

CFR 2.309, a petition for leave to 

intervene shall set forth with 

particularity the interest of the 

petitioner in the proceeding and how 

that interest may be affected by the 

results of the proceeding. The petition 

must provide the name, address, and 

telephone number of the petitioner and 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the petitioner’s 

right under the Act to be made a party 

to the proceeding; (2) the nature and 

extent of the petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any order that may be entered in the 

proceeding on the petitioner’s interest. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the petitioner must provide 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment 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 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment 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 

(the 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 

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 May 

18, 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 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 Licensing Board. 

Persons desiring to make a limited 

appearance are requested to inform the 

Secretary of the Commission by May 18, 

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 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 

identification (ID) certificate, which 

allows the participant (or its counselor 

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 counselor 

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 the 

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 the 

NRC’s ‘‘Guidance for Electronic 

Submission,’’ which is available on the 

agency’s public Web site at http:// 

www.nrc.gov/site-help/esubmittals.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 


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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 and/or SGI 

under these procedures should be submitted as 

described in this paragraph. 

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 the NRC 

guidance available on the NRC public 

Web site at http://www.nrc.gov/sitehelp/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 EFiling 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 counselor or representative) must 

apply for and receive a digital lD 

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-helple-submitta/ 

s.htm/ by email at 

MSHOResource@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 firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 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 the 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 

March 19, 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 and 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 information (including 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR parts 2 and 73. Nothing in this 

Order is intended to conflict with the 

SGI regulations. 

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 or SGI is necessary to respond to 

this notice may request access to SUNSI 

or SGI. 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 

or SGI submitted later than 10 days after 

publication will not be considered 

absent a showing of good cause for the 

late filing, addressing why the request 

could not have been filed earlier. 

C. The requestor shall submit a letter 

requesting permission to access SUNSI, 

SGI, or both 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); 

(3) If the request is for SUNSI, the 

identity of the individual or entity 

requesting access to SUNSI and the 

requestor’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly-available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention; and 

(4) If the request is for SGI, the 

identity of each individual who would 

have access to SGI if the request is 

granted, including the identity of any 

expert, consultant, or assistant who will 

aid the requestor in evaluating the SGI. 


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2Broad SGI requests under these procedures are 

unlikely to meet the standard for need to know; 

furthermore, staff redaction of information from 

requested documents before their release may be 

appropriate to comport with this requirement. 

These procedures do not authorize unrestricted 

disclosure or less scrutiny of a requestor’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention or 

non-adjudicatory access to SGI. 

3The requestor will be asked to provide his or her 

full name, social security number, date and place 

of birth, telephone number, and email address. 

After providing this information, the requestor 

usually should be able to obtain access to the online 

form within one business day. 

4This fee is subject to change pursuant to the 

Office of Personnel Management’s adjustable billing 

rates. 

5Any 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. 

6Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SGI must be 

filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 180 days of the 

deadline for the receipt of the written access 

request. 

In addition, the request must contain 

the following information: 

(a) A statement that explains each 

individual’s ‘‘need to know’’ the SGI, as 

required by 10 CFR 73.2 and 10 CFR 

73.22(b)(1). Consistent with the 

definition of ‘‘need to know’’ as stated 

in 10 CFR 73.2, the statement must 

explain: 

(i) Specifically why the requestor 

believes that the information is 

necessary to enable the requestor to 

proffer and/or adjudicate a specific 

contention in this proceeding; 2 and 

(ii) The technical competence 

(demonstrable knowledge, skill, training 

or education) of the requestor to 

effectively utilize the requested SGI to 

provide the basis and specificity for a 

proffered contention. The technical 

competence of a potential party or its 

counsel may be shown by reliance on a 

qualified expert, consultant, or assistant 

who satisfies these criteria. 

(b) A completed Form SF–85, 

‘‘Questionnaire for Non-Sensitive 

Positions’’ for each individual who 

would have access to SGI. The 

completed Form SF–85 will be used by 

the Office of Administration to conduct 

the background check required for 

access to SGI, as required by 10 CFR 

part 2, subpart G and 10 CFR 

73.22(b)(2), to determine the requestor’s 

trustworthiness and reliability. For 

security reasons, Form SF–85 can only 

be submitted electronically through the 

electronic questionnaire for 

investigations processing (e-QIP) Web 

site, a secure Web site that is owned and 

operated by the Office of Personnel 

Management. To obtain online access to 

the form, the requestor should contact 

the NRC’s Office of Administration at 

301–492–3524.3

(c) A completed Form FD–258 

(fingerprint card), signed in original ink, 

and submitted in accordance with 10 

CFR 73.57(d). Copies of Form FD–258 

may be obtained by writing the Office of 

Information Services, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by calling 301–415– 

5877, or by email to 

Forms.Resource@nrc.gov. The 

fingerprint card will be used to satisfy 

the requirements of 10 CFR part 2, 10 

CFR 73.22(b)(1), and Section 149 of the 

Atomic Energy Act of 1954, as amended, 

which mandates that all persons with 

access to SGI must be fingerprinted for 

an FBI identification and criminal 

history records check. 

(d) A check or money order payable 

in the amount of $ 200.00 4 to the U.S. 

Nuclear Regulatory Commission for 

each individual for whom the request 

for access has been submitted. 

(e) If the requestor or any individual 

who will have access to SGI believes 

they belong to one or more of the 

categories of individuals that are exempt 

from the criminal history records check 

and background check requirements in 

10 CFR 73.59, the requestor should also 

provide a statement identifying which 

exemption the requestor is invoking and 

explaining the requestor’s basis for 

believing that the exemption applies. 

While processing the request, the Office 

of Administration, Personnel Security 

Branch, will make a final determination 

whether the claimed exemption applies. 

Alternatively, the requestor may contact 

the Office of Administration for an 

evaluation of their exemption status 

prior to submitting their request. 

Persons who are exempt from the 

background check are not required to 

complete the SF–85 or Form FD–258; 

however, all other requirements for 

access to SGI, including the need to 

know, are still applicable. 

Note: Copies of documents and materials 

required by paragraphs C.(4)(b), (c), and (d) 

of this Order must be sent to the following 

address: Office of Administration, U.S. 

Nuclear Regulatory Commission, Personnel 

Security Branch, Mail Stop TWB–05–B32M, 

Washington, DC 20555–0001. 

These documents and materials should not 

be included with the request letter to the 

Office of the Secretary, but the request letter 

should state that the forms and fees have 

been submitted as required above. 

D. To avoid delays in processing 

requests for access to SGI, the requestor 

should review all submitted materials 

for completeness and accuracy 

(including legibility) before submitting 

them to the NRC. The NRC will return 

incomplete packages to the sender 

without processing. 

E. Based on an evaluation of the 

information submitted under paragraphs 

C.(3) or C.(4) above, as applicable, 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 or 

need to know the SGI requested. 

F. For requests for access to SUNSI, if 

the NRC staff determines that the 

requestor satisfies both E.(1) and E.(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 5 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

G. For requests for access to SGI, if the 

NRC staff determines that the requestor 

has satisfied both E.(1) and E.(2) above, 

the Office of Administration will then 

determine, based upon completion of 

the background check, whether the 

proposed recipient is trustworthy and 

reliable, as required for access to SGI by 

10 CFR 73.22(b). If the Office of 

Administration determines that the 

individual or individuals are 

trustworthy and reliable, the NRC will 

promptly notify the requestor in writing. 

The notification will provide the names 

of approved individuals as well as the 

conditions under which the SGI will be 

provided. Those conditions may 

include, but not be limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 6 by 

each individual who will be granted 

access to SGI. 

H. Release and Storage of SGI. Prior 

to providing SGI to the requestor, the 

NRC staff will conduct (as necessary) an 

inspection to confirm that the 

recipient’s information protection 

system is sufficient to satisfy the 

requirements of 10 CFR 73.22. 

Alternatively, recipients may opt to 

view SGI at an approved SGI storage 

location rather than establish their own 

SGI protection program to meet SGI 

protection requirements. 


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Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 16081 

7Requestors 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/SGI request 

submitted to the NRC staff under these procedures. 

I. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI or SGI 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 or SGI contentions by that later 

deadline. 

J. Review of Denials of Access. 

(1) If the request for access to SUNSI 

or SGI is denied by the NRC staff either 

after a determination on standing and 

requisite need, 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) Before the Office of 

Administration makes an adverse 

determination regarding the proposed 

recipient(s) trustworthiness and 

reliability for access to SGI, the Office 

of Administration, in accordance with 

10 CFR 2.705(c)(3)(iii), must provide the 

proposed recipient(s) any records that 

were considered in the trustworthiness 

and reliability determination, including 

those required to be provided under 10 

CFR 73.57(e)(1), so that the proposed 

recipient(s) have an opportunity to 

correct or explain the record. 

(3) The requestor may challenge the 

NRC staff’s adverse determination with 

respect to access to SUNSI 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. 

(4) The requestor may challenge the 

NRC staff’s or Office of Administration’s 

adverse determination with respect to 

access to SGI by filing a request for 

review in accordance with 10 CFR 

2.705(c)(3)(iv). Further appeals of 

decisions under this paragraph must be 

made pursuant to 10 CFR 2.311. 

K. Review of Grants of Access. A 

party other than the requestor may 

challenge an NRC staff determination 

granting access to SUNSI or SGI 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 2.311.7

L. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR part 2. Attachment 1 to this Order 

summarizes the general target schedule 

for processing and resolving requests 

under these procedures. 

It is so ordered. 

Dated at Rockville, Maryland this 13th day 

of March, 2012. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND 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) and/or Safeguards Information (SGI) 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; demonstrating that access 

should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including application fee for fingerprint/ 

background check. 

60 ........... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does 

not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 

20 ........... Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to know for SGI. (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). If NRC staff makes the finding of need to know for

SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), 

information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ........... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner 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. 


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16082 Federal Register / Vol. 77, No. 53 / Monday, March 19, 2012 / Notices 

1CP holders, as used in this Order, includes CPs, 

in active or deferred status, as identified in 

Attachment 1 to this Order (i.e., Watts Bar, Unit 2; 

and Bellefonte, Units 1 and 2) 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued 

Day Event/Activity 

190 ......... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file 

motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not 

trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access to SGI, the

proposed recipient must be provided an opportunity to correct or explain information. 

205 ......... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination either before the presiding officer or another designated officer under 10 CFR 2.705(c)(3)(iv). 

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 and/or SGI consistent with decision issuing the 

protective order. 

A + 28 .... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. 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 or SGI contentions by that later 

deadline. 

A + 53 .... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

A + 60 .... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 .. Decision on contention admission. 

[FR Doc. 2012–6541 Filed 3–16–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards (ACRS), Meeting of the 

ACRS Subcommittee on Planning and 

Procedures; Notice of Meeting 

The ACRS Subcommittee on Planning 

and Procedures will hold a meeting on 

April 11, 2012, Room T–2B3, 11545 

Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed pursuant 

to 5 U.S.C. 552b (c)(2) and (6) to discuss 

organizational and personnel matters 

that relate solely to the internal 

personnel rules and practices of the 

ACRS, and information the release of 

which would constitute a clearly 

unwarranted invasion of personal 

privacy. 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, April 11, 2012—11 a.m. 

Until 12 p.m. 

The Subcommittee will discuss 

proposed ACRS activities and related 

matters. 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), Antonio Dias 

(Telephone 301–415–6805 or Email: 

Antonio.Dias@nrc.gov) five days prior to 

the meeting, if possible, so that 

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). 

Information regarding changes to the 

agenda, whether the meeting has been 

canceled or rescheduled, and the time 

allotted to present oral statements can 

be obtained 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 

the DFO 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: March 7, 2012. 

Cayetano Santos, 

Chief, Reactor Safety Branch, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. 2012–6543 Filed 3–16–12; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[EA–12–051; NRC–2012–0067; Docket Nos. 

(as shown in Attachment 1), License Nos. 

(as shown in Attachment 1), or 

Construction Permit Nos. (as shown in 

Attachment 1)] 

In the Matter of All Power Reactor 

Licensees and Holders of Construction 

Permits in Active Or Deferred Status: 

Order Modifying Licenses With Regard 

To Reliable Spent Fuel Pool 

Instrumentation (Effective 

Immediately) 

I 

The Licensees and construction 

permit (CP) holders1 identified in 

Attachment 1 to this Order hold licenses 

issued by the U.S. Nuclear Regulatory 

Commission (NRC or Commission) 

authorizing operation and/or 

construction of nuclear power plants in 

accordance with the Atomic Energy Act 

of 1954, as amended, and Title 10 of the 

Code of Federal Regulations (10 CFR) 

Part 50, ‘‘Domestic Licensing of 

Production and Utilization Facilities,’’ 

and Part 52, ‘‘Licenses, Certifications, 

and Approvals for Nuclear Power 

Plants.’’ 


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