[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81439-81442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25818]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-611 and 50-612; NRC-2023-0138]


Kairos Power, LLC; Hermes 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Construction permit application; opportunity to request a 
hearing and petition for leave to intervene; order imposing procedures.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is providing 
notice that an uncontested hearing will be held on the Kairos Power, 
LLC (Kairos) construction permit application that proposes the 
construction of a test reactor facility, identified as `Hermes 2', in 
Oak Ridge, Tennessee, at a time and place to be set in the future by 
the Commission or designated by the Atomic Safety and Licensing Board. 
This notice provides the public an opportunity to request a hearing and 
petition for leave to intervene (i.e., contested hearing) with respect 
to that application. The NRC staff is currently conducting a detailed 
technical review of the construction permit application. If the NRC 
issues a construction permit, the applicant, Kairos, would be 
authorized to construct its proposed test reactor facility in 
accordance with the provisions of the construction permit. Because the 
application contains Sensitive Unclassified Non-Safeguards Information 
(SUNSI), an order imposes procedures to obtain access to this type of 
information for contention preparation.

DATES: A request for a hearing or petitions for leave to intervene must 
be filed by January 22, 2024. Any potential party as defined in section 
2.4 of title 10 of the Code of Federal Regulations (10 CFR) who 
believes access to SUNSI is necessary to respond to this notice must 
request document access by December 4, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0138 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly available information related to this action by any of 
the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0138. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#1c4f687d7f65324f7f7469717d72725c726e7f327b736a"><span class="__cf_email__" data-cfemail="e5b69184869ccbb6868d9088848b8ba58b9786cb828a93">[email protected]</span></a>. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to <a href="/cdn-cgi/l/email-protection#451501176b1720362a30372620052b37266b222a33"><span class="__cf_email__" data-cfemail="85d5c1d7abd7e0f6eaf0f7e6e0c5ebf7e6abe2eaf3">[email protected]</span></a>. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to <a href="/cdn-cgi/l/email-protection#89d9cddba7dbecfae6fcfbeaecc9e7fbeaa7eee6ff"><span class="__cf_email__" data-cfemail="035347512d5166706c76716066436d71602d646c75">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 
p.m. eastern time (ET), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michael Orenak, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3229; email: <a href="/cdn-cgi/l/email-protection#83ceeae0ebe2e6efadccf1e6ede2e8c3edf1e0ade4ecf5"><span class="__cf_email__" data-cfemail="d19cb8b2b9b0b4bdff9ea3b4bfb0ba91bfa3b2ffb6bea7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On July 14, 2023, Kairos Power LLC (Kairos) submitted, pursuant to 
10 CFR part 50, ``Domestic Licensing of Production and Utilization 
Facilities,'' an application (ADAMS Package Accession No. ML23195A121) 
for a construction permit for the `Hermes 2' test reactor facility (a 
``testing facility'' as defined in 10 CFR 50.2), that would consist of 
two fluoride salt-cooled test

[[Page 81440]]

reactor units at the East Tennessee Technology Park in Oak Ridge, 
Tennessee. A notice of receipt and availability was published in the 
Federal Register on August 4, 2023 (88 FR 51876). The NRC staff 
determined that Kairos submitted the application in accordance with 10 
CFR 2.101(a)(5), and a notice of the acceptability of docketing of 
Kairos's application was published in the Federal Register on September 
15, 2023 (88 FR 63632). The docket numbers established for this 
application are 50-611 and 50-612 for Units 1 and 2, respectively.
    The NRC is considering issuance of a construction permit to Kairos 
that would authorize construction of the proposed Hermes 2 test reactor 
facility to be located in Oak Ridge, Tennessee. The Hermes 2 facility 
would contain two fluoride-salt cooled, high-temperature test reactors 
using solid tri-structural isotropic fuel in pebble form. Each test 
reactor would contain an intermediate heat transfer loop and share a 
common power generation system.

II. Hearing

    Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part 
2, ``Agency Rules of Practice and Procedure,'' and part 50, notice is 
hereby given that an uncontested (i.e., mandatory) hearing will be 
held, at a time and place to be set in the future by the Commission or 
designated by the Atomic Safety and Licensing Board (Board).
    The hearing on the application for a construction permit filed by 
Kairos pursuant to 10 CFR part 50 will be conducted by a Board that 
will be designated by the Chief Judge of the Atomic Safety and 
Licensing Board Panel or will be conducted by the Commission. If the 
hearing is conducted by a Board, notice as to the membership of the 
Board will be published in the Federal Register at a later date. The 
NRC staff will complete a detailed technical review of the application 
and will document its findings in a safety evaluation. The Commission 
will refer a copy of the application to the Advisory Committee on 
Reactor Safeguards (ACRS) in accordance with 10 CFR 50.58, ``Hearings 
and Report of the Advisory Committee on Reactor Safeguards,'' and the 
ACRS will report on those portions of the application that concern 
safety. The NRC staff will also complete an environmental review of the 
application and will document its findings in accordance with the 
National Environmental Policy Act of 1969 (NEPA), as amended, and the 
Commission's regulations in 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions.'' 
The staff will prepare an environmental assessment that will be used to 
determine whether an environmental impact statement is necessary or a 
finding of no significant impact is warranted to satisfy the NRC's NEPA 
obligations.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h)(1) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315(c), see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053 Number=ML20340A053) and on the NRC website at 
https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#f1b9949083989f96dfb59e929a9485b19f8392df969e87"><span class="__cf_email__" data-cfemail="eca4898d9e85828bc2a8838f878998ac829e8fc28b839a">[email protected]</span></a>, or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate 
is obtained and a docket created, the participant must submit 
adjudicatory documents in Portable Document Format. Guidance on 
submissions is available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is 
considered complete at the time the document is submitted through the 
NRC's E-Filing system. To be timely, an electronic filing must be 
submitted to the E-Filing system no later than 11:59 p.m. ET on the due 
date. Upon receipt of a transmission, the E-Filing system time-stamps 
the document and sends the submitter an email confirming receipt of the 
document. The E-Filing system also distributes an email that provides 
access to the document to the NRC's Office of the General Counsel and 
any others who have advised the Office of the Secretary that they wish 
to

[[Page 81441]]

participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed to obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#135e405b573d4176607c66617076537d61703d747c65"><span class="__cf_email__" data-cfemail="e1acb2a9a5cfb384928e94938284a18f9382cf868e97">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as previously described, click ``cancel'' when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal phone 
numbers in their filings unless an NRC regulation or other law requires 
submission of such information. With respect to copyrighted works, 
except for limited excerpts that serve the purpose of the adjudicatory 
filings and would constitute a Fair Use application, participants 
should not include copyrighted materials in their submission.

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 notice of hearing or 
opportunity for hearing, any potential party who believes access to 
SUNSI is necessary to respond to this notice may request access to 
SUNSI. A ``potential party'' is any person who intends to participate 
as a party by demonstrating standing and filing an admissible 
contention under 10 CFR 2.309. Requests for access to SUNSI submitted 
later than 10 days after publication of this notice will not be 
considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    C. The requestor 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 Deputy General Counsel 
for Licensing, Hearings, and Enforcement, Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
The expedited delivery or courier mail address for both offices is: 
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, 
Maryland 20852. The email addresses for the Office of the Secretary and 
the Office of the General Counsel are <a href="/cdn-cgi/l/email-protection#cd85a8acbfa4a3aae389a2aea6a8b98da3bfaee3aaa2bb"><span class="__cf_email__" data-cfemail="e3ab8682918a8d84cda78c80888697a38d9180cd848c95">[email protected]</span></a> and 
<a href="/cdn-cgi/l/email-protection#8cdee5e8ffc3ebefc1ede5e0cfe9e2f8e9fea2dee9ffe3f9feefe9cce2feefa2ebe3fa"><span class="__cf_email__" data-cfemail="03516a67704c64604e626a6f40666d7766712d5166706c76716066436d71602d646c75">[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 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.
    D. Based on an evaluation of the information submitted under 
paragraph C, 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), 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 
receipt of (or access to) that information. 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.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requestor 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

[[Page 81442]]

proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if this individual 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.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requestor 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 within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) the 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if this 
individual 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.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
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    \3\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) 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. The 
attachment to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated: November 17, 2023.

    For the Nuclear Regulatory Commission.
Carrie M. Safford,
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 or opportunity for hearing,
                                including order with instructions for
                                access requests.
10...........................  Deadline for submitting requests for
                                access to Sensitive Unclassified Non-
                                Safeguards Information (SUNSI) with
                                information: supporting the standing of
                                a potential party identified by name and
                                address; describing the need for the
                                information in order for the potential
                                party to participate meaningfully in an
                                adjudicatory proceeding.
60...........................  Deadline for submitting petition for
                                intervention containing: (i)
                                demonstration of standing; and (ii) all
                                contentions whose formulation does not
                                require access to SUNSI (+25 Answers to
                                petition for intervention; +7 petitioner/
                                requestor reply).
20...........................  U.S. Nuclear Regulatory Commission (NRC)
                                staff informs the requestor 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/requestor 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 Agreement or
                                Affidavit. Deadline for applicant/
                                licensee to file Non-Disclosure
                                Agreement or Affidavit 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 Agreements or 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 notice of
                                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.
------------------------------------------------------------------------

[FR Doc. 2023-25818 Filed 11-21-23; 8:45 am]
BILLING CODE 7590-01-P


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