[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16077-16082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6541]



[[Page 16077]]

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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.

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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 Non-Safeguards 
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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#80c3e1f2efecaec7e1ecece1e7e8e5f2c0eef2e3aee7eff6"><span class="__cf_email__" data-cfemail="125173607d7e3c55737e7e73757a7760527c60713c757d64">[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 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: <a href="/cdn-cgi/l/email-protection#7e3411161050361f071b0d3e100c1d50191108"><span class="__cf_email__" data-cfemail="511b3e393f7f1930283422113f23327f363e27">[email protected]</span></a>.

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:
    <bullet> Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0054.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/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 <a href="/cdn-cgi/l/email-protection#522236207c2037213d27203137123c20317c353d24"><span class="__cf_email__" data-cfemail="becedacc90ccdbcdd1cbccdddbfed0ccdd90d9d1c8">[email protected]</span></a>.
    <bullet> 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.govreading-rm/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

[[Page 16078]]

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 cross-examination 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 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 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#650d0004170c0b024b010a060e0011250b17064b020a13"><span class="__cf_email__" data-cfemail="87efe2e6f5eee9e0a9e3e8e4ece2f3c7e9f5e4a9e0e8f1">[email protected]</span></a>, 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 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 the 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 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

[[Page 16079]]

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 the 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 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 
<a href="/cdn-cgi/l/email-protection#236e706b6c7146504c56514046634d51400d444c55"><span class="__cf_email__" data-cfemail="38756b70776a5d4b574d4a5b5d78564a5b165f574e">[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 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 Non-
Safeguards 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 <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="bdf5d8dccfd4d3da93f9d2ded6d8c9fdd3cfde93dad2cb">[email protected]</a> and <a href="/cdn-cgi/l/email-protection#baf5fdf9d7dbd3d6d9dfd4cedfc8fad4c8d994ddd5cc"><span class="__cf_email__" data-cfemail="713e36321c10181d12141f051403311f03125f161e07">[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 and/or SGI 
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);
    (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.

[[Page 16080]]

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
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    \2\ Broad 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.
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    (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\
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    \3\ The 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.
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    (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 <a href="/cdn-cgi/l/email-protection#1d5b726f706e334f786e72686f7e785d736f7e337a726b"><span class="__cf_email__" data-cfemail="d492bba6b9a7fa86b1a7bba1a6b7b194baa6b7fab3bba2">[email protected]</span></a>. 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.
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    \4\ This fee is subject to change pursuant to the Office of 
Personnel Management's adjustable billing rates.
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    (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.
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    \5\ 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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    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.
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    \6\ Any motion for Protective Order or draft Non-Disclosure 
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.
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    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.

[[Page 16081]]

    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\
---------------------------------------------------------------------------

    \7\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals 
of NRC staff determinations (because they must be served on a 
presiding officer or the Commission, as applicable), but not to the 
initial SUNSI/SGI request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

    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.

[[Page 16082]]

 
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


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