8706 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 

Day Event/Activity 

0 Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions 

for access requests. 

10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the 

potential party to participate meaningfully in an adjudicatory proceeding. 

60 Deadline for submitting petition for intervention containing: (i) demonstration of standing; 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 requester of the staff’s determination whether the request for access 

provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party 

to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff

makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions

or review of redacted documents). 

25 If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the 

proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file 

motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for 

SUNSI. 

A If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective 

order. 

A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain 

between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in 

the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. 

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

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

>A + 60 Decision on contention admission. 

[FR Doc. 2015–03379 Filed 2–17–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–275, 50–323, and 72–26; 

NRC–2015–0022] 

Pacific Gas and Electric Company, 

Diablo Canyon Power Plant, Units 1 

and 2, and Diablo Canyon Independent 

Spent Fuel Storage Installation 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License amendment application; 

opportunity to comment, request a 

hearing, and petition for leave to 

intervene; order. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of an amendment to Facility 

Operating License Nos. DPR–80 and 

DPR–82 and Special Nuclear Materials 

License No. SNM–2511 issued to Pacific 

Gas and Electric Company. The NRC 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. In 

addition, the amendment request 

contains Sensitive Unclassified NonSafeguards Information (SUNSI). 

DATES: Submit comments by March 20, 

2015. A request for a hearing must be 

filed by April 20, 2015. Any potential 

party as defined in § 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 March 2, 

2015. 

ADDRESSES: You may submit comments 

by any of the following methods (unless 

this document describes a different 

method for submitting comments on a 

specific subject): 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2015–0022. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Mail comments to: Cindy Bladey, 

Office of Administration, Mail Stop: 

OWFN–12 H08, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Siva 

P. Lingam, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington DC 20555– 

0001; telephone: 301–415–1564, email: 

Siva.Lingam@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2015– 

0022 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2015–0022. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection 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 pdr.resource@nrc.gov. The 

ADAMS accession number for each 


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document referenced (if it is available in 

ADAMS) is provided the first time that 

it is mentioned in the SUPPLEMENTARY

INFORMATION section. 

• 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–2015– 

0022 in your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC posts all comment 

submissions at http://

www.regulations.gov as well as entering 

the comment submissions into ADAMS. 

The NRC does not routinely 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 that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely 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 NRC is considering issuance of an 

amendment to Facility Operating 

License Nos. DPR–80 and DPR–82 and 

Special Nuclear Materials License No. 

SNM–2511 issued to Pacific Gas and 

Electric Company (the licensee) for 

operation of the Diablo Canyon Power 

Plant (DCPP), Units 1 and 2, located in 

San Luis Obispo County, California, and 

the Diablo Canyon Independent Spent 

Fuel Storage Installation. 

By letter dated September 24, 2013 

(ADAMS Accession No. ML13268A398), 

as supplemented by letters dated 

December 18, 2013 (security-related), 

and May 15, 2014 (ADAMS Accession 

No. ML14135A379), the licensee 

submitted an application for a license 

amendment request. The licensee is 

requesting that the Commission grant it 

preemption authority consistent with 

the Commission’s authority under 

Section 161A of the Atomic Energy Act 

of 1954, as amended, (the Act), to 

authorize the security personnel of 

designated classes of licensees to 

possess and use certain firearms, 

ammunition, and other devices such as 

large-capacity ammunition feeding 

devices, notwithstanding Federal, State 

or local laws prohibiting such 

possession or use. If the amendment 

request is granted, the licenses would be 

modified to reflect the Commission’s 

grant of Section 161A preemption 

authority. 

Before issuance of the proposed 

license amendment, the Commission 

will have made findings required by the 

Act, and the Commission’s regulations. 

The Commission has made a 

proposed determination that the 

amendment request involves no 

significant hazards consideration. Under 

the Commission’s regulations in § 50.92, 

this means that operation of the facility 

in accordance with the proposed 

amendment would not (1) involve a 

significant increase in the probability or 

consequences of an accident previously 

evaluated; or (2) create the possibility of 

a new or different kind of accident from 

any accident previously evaluated; or 

(3) involve a significant reduction in a 

margin of safety. As required by 10 CFR 

50.91(a), the licensee has provided its 

analysis of the issue of no significant 

hazards consideration, which is 

presented below: 

1. Does the proposed change involve 

a significant increase in the probability 

or consequences of an accident 

previously evaluated? 

The [proposed license amendment] 

requests the NRC to exercise its 

preemption authority under Section 

161A of the Atomic Energy Act of 1954, 

as amended (42 U.S.C. 2201a). The 

proposed amendment does not involve 

any physical changes to structures, 

systems or components. 

Therefore, the proposed change does 

not involve a significant increase in the 

probability or consequences of an 

accident previously evaluated. 

2. Does the proposed change create 

the possibility of a new or different 

accident from any accident previously 

evaluated? 

The proposed amendment associated 

with preemption authority does not 

create the possibility of a new or 

different accident from any accident 

previously evaluated. 

3. Does the proposed change involve 

a significant reduction in a margin of 

safety? 

The proposed amendment associated 

with preemption authority does not 

impact accident analyses, fission 

product barriers, or margin of safety. 

Therefore, the proposed change does 

not involve a significant reduction in a 

margin of safety. 

The NRC staff has reviewed the 

licensee’s analysis and, based on this 

review, it appears that the three 

standards of 10 CFR 50.92(c) are 

satisfied. Therefore, the NRC staff 

proposes to determine that the 

amendment request involves no 

significant hazards consideration. 

The Commission is seeking public 

comments on this proposed 

determination. Any comments received 

by March 20, 2015, will be considered 

in making any final determination. You 

may submit comments using any of the 

methods discussed under the 

ADDRESSES section of this document. 

Normally, the Commission will not 

issue the amendment until the 

expiration of 60 days after the date of 

publication of this notice. The 

Commission may issue the license 

amendment before expiration of the 60- 

day period provided that its final 

determination is that the amendment 

involves no significant hazards 

consideration. In addition, the 

Commission may issue the amendment 

prior to the expiration of the 30-day 

comment period should circumstances 

change during the 30-day comment 

period such that failure to act in a 

timely way would result, for example, 

in derating or shutdown of the facility. 

Should the Commission take action 

prior to the expiration of either the 

comment period or the notice period, it 

will publish in the Federal Register a 

notice of issuance. Should the 

Commission make a final No Significant 

Hazards Consideration Determination, 

any hearing will take place after 

issuance. The Commission expects that 

the need to take this action will occur 

very infrequently. 

III. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this Federal Register 

notice, any person whose interest may 

be affected by this proceeding and who 

desires to participate as a party in the 

proceeding must file a written request 

for hearing or a petition for leave to 

intervene specifying the contentions 

which the person seeks to have litigated 

in the hearing with respect to the 

license amendment request. Requests 

for hearing and petitions for leave to 

intervene shall be filed in accordance 

with the NRC’s ‘‘Agency Rules of 

Practice and Procedure’’ in 10 CFR part 

2. Interested person(s) should consult a 

current copy of 10 CFR 2.309, which is 

available at the NRC’s PDR. The NRC’s 

regulations are accessible electronically 

from the NRC Library on the NRC’s Web 

site at http://www.nrc.gov/reading-rm/ 

doc-collections/cfr/. 

As required by 10 CFR 2.309, a 

request for hearing or petition for leave 

to intervene must set forth with 

particularity the interest of the 


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petitioner in the proceeding and how 

that interest may be affected by the 

results of the proceeding. The hearing 

request or petition must specifically 

explain the reasons why intervention 

should be permitted, with particular 

reference to the following general 

requirements: (1) The name, address, 

and telephone number of the requestor 

or petitioner; (2) the nature of the 

requestor’s/petitioner’s right under the 

Act to be made a party to the 

proceeding; (3) the nature and extent of 

the requestor’s/petitioner’s property, 

financial, or other interest in the 

proceeding; and (4) the possible effect of 

any decision or order which may be 

entered in the proceeding on the 

requestor’s/petitioner’s interest. The 

hearing request or petition must also 

include the specific contentions that the 

requestor/petitioner seeks to have 

litigated at the proceeding. 

For each contention, the requestor/

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 requestor/ 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings that the NRC 

must make to support the granting of a 

license amendment in response to the 

application. The hearing request or 

petition must also include a concise 

statement of the alleged facts or expert 

opinion that support the contention and 

on which the requestor/petitioner 

intends to rely at the hearing, together 

with references to those specific sources 

and documents. The hearing request or 

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. If the 

requestor/petitioner believes that the 

application for amendment fails to 

contain information on a relevant matter 

as required by law, the requestor/

petitioner must identify each failure and 

the supporting reasons for the 

requestor’s/petitioner’s belief. Each 

contention must be one which, if 

proven, would entitle the requestor/

petitioner to relief. A requestor/

petitioner who does not satisfy these 

requirements for at least one contention 

will not be permitted to participate as a 

party. 

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’s 

regulations, policies, and procedures. 

The Atomic Safety and Licensing Board 

will set the time and place for any 

prehearing conferences and evidentiary 

hearings, and the appropriate notices 

will be provided. 

Hearing requests or petitions for leave 

to intervene must be filed no later than 

60 days from the date of publication of 

this notice. Requests for hearing, 

petitions for leave to intervene, and 

motions for leave to file new or 

amended contentions that are filed after 

the 60-day 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)–(iii). 

If a hearing is requested, the 

Commission will make a final 

determination on the issue of no 

significant hazards consideration. The 

final determination will serve to decide 

when the hearing is held. If the final 

determination is that the amendment 

request involves no significant hazards 

consideration, the Commission may 

issue the amendment and make it 

immediately effective, notwithstanding 

the request for a hearing. Any hearing 

held would take place after issuance of 

the amendment. If the final 

determination is that the amendment 

request involves a significant hazards 

consideration, then any hearing held 

would take place before the issuance of 

any amendment unless the Commission 

finds an imminent danger to the health 

or safety of the public, in which case it 

will issue an appropriate order or rule 

under 10 CFR part 2. 

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’s 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 counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public Web site at http://

www.nrc.gov/site-help/e-submittals/

getting-started.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’s Web 

site. Further information on the Webbased submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 


emcdonald on DSK67QTVN1PROD with NOTICES
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1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

filing requirements of the NRC’s ‘‘E-Filing Rule,’’ 

the initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

available on the NRC’s public Web site 

at http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the documents are 

submitted through the NRC’s E-Filing 

system. To be timely, an electronic 

filing must be submitted to the E-Filing 

system no later than 11:59 p.m. Eastern 

Time on the due date. Upon receipt of 

a transmission, the E-Filing system 

time-stamps the document and sends 

the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the NRC’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’s public Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by email to 

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

Meta System Help Desk is available 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) first class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary, 

Sixteenth Floor, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852, Attention: Rulemaking 

and Adjudications Staff. Participants 

filing a document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in 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. However, a request to 

intervene will require including 

information on local residence in order 

to demonstrate a proximity assertion of 

interest in the proceeding. 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 the 

date of publication of this notice. Nontimely 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)–(iii). 

Attorney for licensee: Jennifer Post, 

Esq., Pacific Gas and Electric Company, 

P.O. Box 7442, San Francisco, California 

94120. 

Acting NRC Branch Chief: Eric R. 

Oesterle. 

Pacific Gas and Electric Company, 

Docket Nos. 50–275, 50–323, and 72–26, 

Diablo Canyon Power Plant, Units 1 and 

2, San Luis Obispo County, California, 

and Diablo Canyon Independent Spent 

Fuel Storage Installation 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing SUNSI. 

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 is necessary to respond to this 

notice may request such access. A 

‘‘potential party’’ is any person who 

intends to participate as a party by 

demonstrating standing and filing an 

admissible contention under 10 CFR 

2.309. Requests for access to SUNSI 

submitted later than 10 days after 

publication 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 requester shall submit a letter 

requesting permission to access SUNSI 

to the Office of the Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemakings and Adjudications Staff, 

and provide a copy to the Associate 

General Counsel for Hearings, 

Enforcement and Administration, Office 

of the General Counsel, Washington, DC 

20555–0001. The expedited delivery or 

courier mail address for both offices is: 

U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The email address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); and 

(3) The identity of the individual or 

entity requesting access to SUNSI and 

the requester’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly-available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention. 

D. Based on an evaluation of the 

information submitted under paragraph 

C.(3) the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 


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2Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must 

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

3Requesters should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007) apply to appeals of NRC 

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI request 

submitted to the NRC staff under these procedures. 

(2) The requestor has established a 

legitimate need for access to SUNSI. 

E. If the NRC staff determines that the 

requestor satisfies both D.(1) and D.(2) 

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 2 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

F. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI must be filed by the requestor no 

later than 25 days after the requestor is 

granted access to that information. 

However, if more than 25 days remain 

between the date the petitioner is 

granted access to the information and 

the deadline for filing all other 

contentions (as established in the notice 

of hearing or opportunity for hearing), 

the petitioner may file its SUNSI 

contentions by that later deadline. This 

provision does not extend the time for 

filing a request for a hearing and 

petition to intervene, which must 

comply with the requirements of 10 CFR 

2.309. 

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 need for 

access, the NRC staff shall immediately 

notify the requestor in writing, briefly 

stating the reason or reasons for the 

denial. 

(2) The requester may challenge the 

NRC staff’s adverse determination by 

filing a challenge within 5 days of 

receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an administrative law judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) officer if that officer has 

been designated to rule on information 

access issues. 

H. Review of Grants of Access. A 

party other than the requester may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed with the Chief 

Administrative Judge within 5 days of 

the notification by the NRC staff of its 

grant of access. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.3

I. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI, and motions for protective 

orders, in a timely fashion in order to 

minimize any unnecessary delays in 

identifying those petitioners who have 

standing and who have propounded 

contentions meeting the specificity and 

basis requirements in 10 CFR part 2. 

Attachment 1 to this Order summarizes 

the general target schedule for 

processing and resolving requests under 

these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 9th day 

of February, 2015. 

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 IN THIS PROCEEDING

Day Event/Activity 

0 ........... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions 

for access requests. 

10 ......... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 

60 ......... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; 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 requester of the staff’s determination whether the request for access 

provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party 

to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff

makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions

or review of redacted documents). 

25 ......... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a 

ruling to reverse the NRC staff’s grant of access. 

30 ......... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ......... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for 

SUNSI. 

A ........... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 .... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8711 

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

SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued 

Day Event/Activity 

A + 28 .. Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain 

between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in 

the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. 

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

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

>A + 60 Decision on contention admission. 

[FR Doc. 2015–03384 Filed 2–17–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Application for a License To Export 

High-Enriched Uranium 

Pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR) 110.70 (b) 

‘‘Public Notice of Receipt of an 

Application,’’ please take notice that the 

U.S. Nuclear Regulatory Commission 

(NRC) has received the following 

request for an export license. Copies of 

the request are available electronically 

through the Agencywide Documents 

Access and Management System and 

can be accessed through the Public 

Electronic Reading Room link http://

www.nrc.gov/reading-rm.html at the 

NRC Homepage. 

A request for a hearing or petition for 

leave to intervene may be filed within 

thirty days after publication of this 

notice in the Federal Register (FR). Any 

request for hearing or petition for leave 

to intervene shall be served by the 

requestor or petitioner upon the 

applicant, the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555; 

the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555; 

and the Executive Secretary, U.S. 

Department of State, Washington, DC 

20520. 

A request for a hearing or petition for 

leave to intervene may be filed with the 

NRC electronically in accordance with 

NRC’s E-Filing rule promulgated in 

August 2007, 72 FR 49139; August 28, 

2007. Information about filing 

electronically is available on the NRC’s 

public Web site at http://www.nrc.gov/

site-help/e-submittals.html. To ensure 

timely electronic filing, at least five days 

prior to the filing deadline, the 

petitioner/requestor should contact the 

Office of the Secretary by email at 

HEARINGDOCKET@NRC.GOV, or by 

calling (301) 415–1677, to request a 

digital ID certificate and allow for the 

creation of an electronic docket. 

In addition to a request for hearing or 

petition for leave to intervene, written 

comments, in accordance with 10 CFR 

110.81, should be submitted within 

thirty days after publication of this 

notice in the FR to Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, 

Attention: Rulemaking and 

Adjudications. 

The information concerning this 

application for an export license 

follows. 

NRC EXPORT LICENSE APPLICATION

Name of applicant, date of application, date 

received, application No., docket No. 

Description of material 

Destination 

Material type Total quantity End use 

DOE/NNSA—Y–12 National Security Complex, December 18, 2014, December 23, 

2014, XSNM3757, 11006187.

High-Enriched Uranium (93.20%).121.1 kg uranium-235 

contained in 130.0 

kg uranium.

To fabricate fuel at 

AREVA CERCA in 

France for ultimate 

use in reactor fuel 

reload at the High 

Flux Reactor in 

France.

France. 

Dated this 10th day of February, 2015 at 

Rockville, Maryland. 

For the U.S. Nuclear Regulatory 

Commission. 

Mugeh Afshar-Tous, 

Acting Deputy Director, Office of 

International Programs. 

[FR Doc. 2015–03376 Filed 2–17–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Application for a License To Export 

High-Enriched Uranium 

Pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR) 110.70(b) 

‘‘Public Notice of Receipt of an 

Application,’’ please take notice that the 

U.S. Nuclear Regulatory Commission 

(NRC) has received the following 

request for an export license. Copies of 

the request are available electronically 

through the Agencywide Documents 

Access and Management System and 

can be accessed through the Public 

Electronic Reading Room link http://

www.nrc.gov/reading-rm.html at the 

NRC Homepage. 

A request for a hearing or petition for 

leave to intervene may be filed within 

thirty days after publication of this 

notice in the Federal Register (FR). Any 

request for hearing or petition for leave 

to intervene shall be served by the 

requestor or petitioner upon the 

applicant, the Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555; 

the Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555; 

and the Executive Secretary, U.S. 

Department of State, Washington, DC 

20520. 


emcdonald on DSK67QTVN1PROD with NOTICES