Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5851 

Dated: January 27, 2022. 

For the Nuclear Regulatory Commission. 

Yoira K. Diaz-Sanabria, 

Chief, Storage and Transportation Licensing 

Branch, Division of Fuel Management, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2022–02122 Filed 2–1–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–026; NRC–2008–0252] 

Vogtle Electric Generating Plant, Unit 

4; Hearing Opportunity Associated 

With Inspections, Tests, Analyses, and 

Acceptance Criteria 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of intended operation; 

opportunity for hearing on conformance 

with the acceptance criteria in the 

combined license; and associated 

orders. 

SUMMARY: By letter dated January 18, 

2022, Southern Nuclear Operating 

Company (SNC) informed the U.S. 

Nuclear Regulatory Commission (NRC) 

that its scheduled date for initial 

loading of fuel into the reactor for 

Vogtle Electric Generating Plant (VEGP) 

Unit 4 is September 2, 2022. The 

Atomic Energy Act of 1954, as amended 

(AEA), and NRC regulations provide the 

public with an opportunity to request a 

hearing regarding the licensee’s 

conformance with the acceptance 

criteria in the combined license (COL) 

for the facility. This document 

announces the public’s opportunity to 

request a hearing and includes orders 

imposing procedures for the hearing 

process. 

DATES: A request for a hearing must be 

filed by April 4, 2022. Any potential 

party as defined in section 2.4 of title 10 

of the Code of Federal Regulations (10 

CFR), who believes access to Sensitive 

Unclassified Non-Safeguards 

Information (SUNSI) or Safeguards 

Information (SGI) is necessary for 

contention preparation must request 

access by February 14, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2008–0252 or NRC Docket No. 52– 

026 when contacting the NRC about the 

availability of information regarding this 

document. You may obtain publicly 

available information related to this 

document using any of the following 

methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2008–0252. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• 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, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. 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. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

The inspections, tests, analyses, and 

acceptance criteria (ITAAC) for this 

COL, the licensee’s ITAAC closure 

notifications, uncompleted ITAAC 

notifications, and ITAAC post-closure 

notifications; associated NRC inspection 

and review documents; and other 

supporting documents pertaining to 

ITAAC closure for VEGP Unit 4 are 

available electronically at https://

www.nrc.gov/reactors/new-reactors/colholder/vog4.html. 

FOR FURTHER INFORMATION CONTACT: 

Cayetano Santos, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

7270, email: Cayetano.Santos@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to the AEA, and the 

regulations in 10 CFR part 2, ‘‘Agency 

Rules of Practice and Procedure,’’ and 

10 CFR part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants,’’ notice is hereby 

given that (1) the licensee intends to 

operate VEGP Unit 4; (2) the NRC is 

considering whether to find that the 

acceptance criteria in the COL are met; 

and (3) interested persons have an 

opportunity to request a hearing 

regarding conformance with the 

acceptance criteria. This notice is 

accompanied by an ‘‘Order Imposing 

Additional Procedures for ITAAC 

Hearings Before a Commission Ruling 

on the Hearing Request’’ (Additional 

Procedures Order) and an ‘‘Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information [SUNSI] and Safeguards 

Information [SGI] for Contention 

Preparation’’ (SUNSI–SGI Access 

Order). 

A. Information on SNC’s Intent To 

Operate VEGP Unit 4 and on the 

Hearing Opportunity Associated With 

Facility Operation 

SNC was issued a COL for VEGP Unit 

4 on February 10, 2012. Under the 

provisions of Section 185b. of the AEA 

and NRC regulations in 10 CFR 52.97(b), 

ITAAC are included in a COL for the 

purpose of establishing a means to 

verify whether the facility has been 

constructed and will be operated in 

conformance with the license, the AEA, 

and NRC rules and regulations. The 

ITAAC are included as Appendix C to 

the COL. Section 185b. of the AEA 

requires that, after issuance of the COL, 

the Commission shall ensure that the 

prescribed inspections, tests, and 

analyses are performed and, prior to 

operation of the facility, shall find that 

the prescribed acceptance criteria are 

met. This AEA requirement is also set 

forth in 10 CFR 52.103(g), which 

expressly provides that operation of the 

facility may not begin unless and until 

the NRC finds that the acceptance 

criteria for all ITAAC are met as 

required by 10 CFR 52.103(g). Once the 

10 CFR 52.103(g) finding is made, the 

licensee may proceed to the operational 

phase, which includes initial fuel load. 

The NRC is considering whether to 

make the 10 CFR 52.103(g) finding that 

the acceptance criteria for all ITAAC are 

met. Prior to making this finding, 

Section 189a.(1)(B)(i) of the AEA 

provides that the NRC shall publish in 

the Federal Register a notice of 

intended operation that shall provide 

that any person whose interest may be 

affected by operation of the plant may 

within 60 days request the Commission 

to hold a hearing on whether the facility 

as constructed complies, or on 

completion will comply, with the 

acceptance criteria of the license. In the 

licensee’s notification dated January 18, 

2022 (ADAMS Accession No. 

ML22018A075), the licensee informed 

the NRC that its scheduled date for 

initial loading of fuel into the reactor is 

September 2, 2022. 


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5852 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

1The licensee’s cover letter for the uncompleted 

ITAAC notifications is available at ADAMS 

Accession No. ML22018A075. 

2As used in this notice and in the associated 

orders, the term ‘‘petitioner’’ refers to any person 

who (1) is contemplating the filing of a hearing 

request, (2) has filed a hearing request but is not 

admitted as a party to this proceeding, or (3) has 

had a hearing request granted. 

3Because ITAAC have been deleted and 

consolidated through license amendments, there are 

fewer than 881 ITAAC in the COL. 

4To reduce burdens on petitioners, the NRC staff 

has streamlined the ITAAC Status Report by 

removing those ITAAC notifications that have been 

entirely superseded by later ITAAC notifications on 

the same ITAAC. These superseded ITAAC 

notifications are still available in ADAMS. 

B. Information on SNC’s Completion of 

ITAAC 

For every ITAAC, the licensee is 

required by 10 CFR 52.99(c)(1) to submit 

to the NRC an ITAAC closure 

notification explaining the licensee’s 

basis for concluding that the 

inspections, tests, and analyses have 

been performed and that the acceptance 

criteria are met. These ITAAC closure 

notifications are submitted throughout 

construction as ITAAC are completed. If 

an event occurring after the submission 

of an ITAAC closure notification 

materially alters the basis for 

determining that the inspections, tests, 

and analyses were successfully 

performed or that the acceptance criteria 

are met, then the licensee is required by 

10 CFR 52.99(c)(2) to submit an ITAAC 

post-closure notification documenting 

its successful resolution of the issue. 

The licensee must also notify the NRC 

when all ITAAC are complete as 

required by 10 CFR 52.99(c)(4). These 

notifications, together with the results of 

the NRC’s inspection process, serve as 

the basis for the NRC’s finding regarding 

whether the acceptance criteria in the 

COL are met. 

One other required notification, the 

uncompleted ITAAC notification, must 

be submitted at least 225 days before 

scheduled initial fuel load and must 

provide sufficient information, 

including the specific procedures and 

analytical methods to be used in 

performing the ITAAC, to demonstrate 

that the uncompleted inspections, tests, 

and analyses will be performed and the 

corresponding acceptance criteria will 

be met. 10 CFR 52.99(c)(3). The licensee 

has submitted the uncompleted ITAAC 

notifications, and these notifications 

cover all ITAAC not completed as of 225 

days prior to scheduled fuel load.1

These uncompleted ITAAC notifications 

provide information to members of the 

public for the purposes of requesting a 

hearing and submitting contentions on 

uncompleted ITAAC within the 

required time frames. In the final rule 

entitled ‘‘Licenses, Certifications, and 

Approvals for Nuclear Power Plants’’ 

(72 FR 49367; August 28, 2007), the 

Commission stated that it ‘‘expects that 

any contentions submitted by 

prospective parties regarding 

uncompleted ITAAC would focus on 

any inadequacies of the specific 

procedures and analytical methods 

described by the licensee’’ in its 

uncompleted ITAAC notification. 

Members of the public must submit 

hearing requests by the deadline 

specified in this notice, and the hearing 

request must address any deficiencies 

with respect to uncompleted ITAAC 

based on the information available to 

the petitioner, including the 

uncompleted ITAAC notifications 

required by 10 CFR 52.99(c)(3).2

Members of the public may not defer the 

submission of hearing requests or 

contentions because there are ITAAC 

that have not yet been completed. The 

licensee must submit an ITAAC closure 

notification pursuant to 10 CFR 

52.99(c)(1) after it completes these 

uncompleted ITAAC. 

The supporting documents pertaining 

to ITAAC closure for VEGP Unit 4 are 

available electronically at https://

www.nrc.gov/reactors/new-reactors/colholder/vog4.html. These include the 

ITAAC and the licensee’s ITAAC 

closure notifications, uncompleted 

ITAAC notifications, and any ITAAC 

post-closure notifications. The licensee 

has not yet submitted the 10 CFR 

52.99(c)(4) ‘‘all ITAAC complete 

notification’’ required under 10 CFR 

52.99(c)(4). This notification will be 

included at https://www.nrc.gov/ 

reactors/new-reactors/col-holder/ 

vog4.html when it is submitted. If a 

petitioner wishes to compare a 

subsequent ITAAC closure notification 

with an earlier uncompleted ITAAC 

notification on the same ITAAC, then 

the petitioner should first locate the 

ITAAC index number for that ITAAC in 

the ITAAC closure notification. ITAAC 

index numbers run from 1 to 881.3

Then, the petitioner should access the 

ITAAC Status Report, available at 

https://www.nrc.gov/reactors/newreactors/col-holder/vog4.html, and 

locate the ITAAC index number entry in 

the report. Each ITAAC index number 

entry includes links to ITAAC 

notifications associated with that 

ITAAC, including the uncompleted 

ITAAC notifications and the ITAAC 

closure notifications.4

The ITAAC Status Report also 

includes links to NRC inspection reports 

and ITAAC Closure Verification 

Evaluation Forms generated by the NRC 

staff and citations to periodically issued 

Federal Register notices of the NRC 

staff’s determinations that certain 

inspections, tests, and analyses have 

been successfully completed. The NRC 

staff determinations made in these 

documents are interim determinations 

that do not become final unless and 

until the NRC makes the 10 CFR 

52.103(g) finding at the end of 

construction that all acceptance criteria 

are met. The 10 CFR 52.103(g) finding, 

which will be made by the Director of 

the Office of Nuclear Reactor Regulation 

(NRR) if all the acceptance criteria are 

met, will be accompanied by a 

document providing the rationale 

supporting the 10 CFR 52.103(g) 

finding. As stated in NRR Office 

Instruction LIC–114 Revision 1 

(ADAMS Accession No. ML20055E800), 

the staff intends to make the 10 CFR 

52.103(g) finding within 17 days of the 

licensee submitting the ‘‘all ITAAC 

complete notification’’ if all 

prerequisites for this finding are met. 

The ITAAC Status Report will be 

periodically updated to reflect the 

submission of additional licensee 

ITAAC notifications and future NRC 

inspection reports and review 

documents. In addition, to provide 

additional background information to 

members of the public, https://

www.nrc.gov/reactors/new-reactors/colholder/vog4.html includes other 

supporting documents, such as the final 

safety analysis report for the facility, the 

NRC’s final safety evaluation report for 

the COL review, and the design control 

document for the AP1000 design 

certification, which the facility 

references. Although the ITAAC Status 

Report and https://www.nrc.gov/ 

reactors/new-reactors/col-holder/ 

vog4.html will be periodically updated 

to reflect new information, there may be 

relevant documents (including licensee 

ITAAC notifications) that have been 

submitted or created after the most 

recent update and are publicly available 

in ADAMS. To search for documents in 

ADAMS using the VEGP Unit 4 docket 

number, 52–026, one should enter the 

term ‘‘05200026’’ in the ‘‘Docket 

Number’’ field when using the webbased search (advanced search) engine 

in ADAMS. 

SNC provided numerous 

uncompleted ITAAC notifications 

earlier than required; the staff was 

therefore able to review these 

notifications, which contributed to the 

ITAAC closure process. The staff’s 

review of an uncompleted ITAAC 

notification focuses on the ITAAC 

completion methodology described in 

the notification and is documented in 

an Uncompleted ITAAC Notification 


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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5853 

5The requirements of 10 CFR 2.309(f)(1)(vi) do 

not apply to this proceeding. 

6 In accordance with 10 CFR 51.108, the 

Commission will not admit any contentions on 

environmental issues in this proceeding, and the 

NRC is not making any environmental finding in 

connection with a finding under 10 CFR 52.103(g) 

that the acceptance criteria are met. 

7Consistent with 10 CFR 2.309(f)(1)(vii), a 

purported incompleteness in the 10 CFR 52.99(c) 

notification might be the basis for a petitioner’s 

prima facie showing. However, if the petitioner 

believes that the purported incompleteness prevents 

the petitioner from making the necessary prima 

facie showing, then the petitioner may submit a 

claim of incompleteness as described later in this 

section. 

8 10 CFR 2.309(f)(1)(i) through (v) are essential 

elements in making the prima facieshowing 

required by the AEA and NRC regulations, and it 

is conceivable that an incompleteness in the 

Continued 

Checklist; these checklists are available 

in the ITAAC Status Report. 

In accordance with 10 CFR 

2.105(b)(3)(iv), the notice of intended 

operation must identify any conditions, 

limitations, or restrictions to be placed 

on the license in connection with the 

finding under 10 CFR 52.103(g), and the 

expiration date or circumstances (if any) 

under which the conditions, limitations 

or restrictions will no longer apply. As 

of the date of this notice, the NRC staff 

has not identified any such conditions, 

limitations, or restrictions. 

II. Hearing Requests 

Any person whose interest may be 

affected by this proceeding and who 

desires to participate as a party to this 

proceeding must file a hearing request 

with the NRC. This section sets forth the 

requirements for requesting a hearing on 

whether acceptance criteria in the COL 

for VEGP Unit 4 have been or will be 

met. This section references the 

requirements for hearing requests found 

in 10 CFR 2.309, ‘‘Hearing requests, 

petitions to intervene, requirements for 

standing, and contentions,’’ with certain 

additional procedures included in the 

orders issued with this notice. 

Interested persons should consult 10 

CFR 2.309, which is available at the 

NRC’s Public Document Room and 

electronically at https://www.nrc.gov/ 

reading-rm/doc-collections/cfr/part002/ 

part002-0309.html. All hearing requests 

must be filed in accordance with the 

filing instructions in Section III of this 

notice. 

A. A Hearing Request Must Show 

Standing 

As required by 10 CFR 2.309(d), a 

hearing request shall show standing by 

setting 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 hearing request 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 AEA 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 decision or order that may be 

entered in the proceeding on the 

petitioner’s interest. Discretionary 

intervention pursuant to 10 CFR 

2.309(e) does not apply to this 

proceeding because 10 CFR 2.309(a) 

requires a showing of standing and 

contention admissibility in an ITAAC 

hearing, and 10 CFR 2.309(a) does not 

provide a discretionary intervention 

exception for hearings under 10 CFR 

52.103 as it provides for other 

proceedings. 

B. A Hearing Request Must Include an 

Admissible Contention 

A hearing request must also include 

the contentions that the petitioner seeks 

to have litigated in the hearing. The 

contention standards for an ITAAC 

hearing under 10 CFR 52.103(b), which 

are in some respects different from the 

contention standards in other NRC 

proceedings, are as follows. 

For each contention, the petitioner 

must meet the following requirements 

from 10 CFR 2.309(f)(1)(i) through (v) 

and (vii): 5

• Provide a specific statement of the 

issue of law or fact to be raised or 

controverted, as required by 10 CFR 

2.309(f)(1)(i). The issue of law or fact to 

be raised must be directed at 

demonstrating that one or more of the 

acceptance criteria in the COL have not 

been, or will not be, met and that the 

specific operational consequences of 

nonconformance would be contrary to 

providing reasonable assurance of 

adequate protection of the public health 

and safety; 6

• Provide a brief explanation of the 

basis for the contention, as required by 

10 CFR 2.309(f)(1)(ii); 

• Demonstrate that the issue raised by 

each contention is within the scope of 

the proceeding and is material to the 10 

CFR 52.103(g) finding, as required by 10 

CFR 2.309(f)(1)(iii) and (iv); 

• Include a concise statement of the 

alleged facts or expert opinions that 

support the petitioner’s position 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, as 

required by 10 CFR 2.309(f)(1)(v); and 

• Submit sufficient information 

showing, prima facie, that one or more 

of the acceptance criteria in the COL 

have not been, or will not be met, and 

that the specific operational 

consequences of nonconformance 

would be contrary to providing 

reasonable assurance of adequate 

protection of the public health and 

safety, as required by 10 CFR 

2.309(f)(1)(vii). This information must 

include the specific portion of the 

notification required by 10 CFR 52.99(c) 

that the petitioner believes is inaccurate, 

incorrect, and/or incomplete (i.e., fails 

to contain the necessary information 

required by § 52.99(c)).7

As provided in the Additional 

Procedures Order issued with this 

notice, any declarations of eyewitnesses 

or expert witnesses offered in support of 

contention admissibility need to be 

signed by the eyewitness or expert 

witness in accordance with 10 CFR 

2.304(d). If declarations are not signed, 

their content will be considered, but 

they will not be accorded the weight of 

an eyewitness or an expert witness, as 

applicable, with respect to satisfying the 

prima facie showing required by 10 CFR 

2.309(f)(1)(vii). The purpose of this 

provision is to ensure that a position 

that is purportedly supported by an 

expert witness or an eyewitness is 

actually supported by that witness. 

Because the licensee references the 

AP1000 design certification rule (10 

CFR part 52, appendix D), the 

provisions in this design certification 

rule pertaining to proceedings under 10 

CFR 52.103 also apply to hearing 

requests and contentions submitted in 

this proceeding. These provisions 

include 10 CFR part 52, appendix D, 

sections VI, VIII.B.5.g, and VIII.C.5. 

C. Claims of Incompleteness 

If the petitioner identifies a specific 

portion of the § 52.99(c) notification as 

incomplete and contends that the 

incomplete portion prevents the 

petitioner from making the necessary 

prima facie showing, then 10 CFR 

2.309(f)(1)(vii) requires the petitioner to 

explain why this deficiency prevents 

the petitioner from making the prima 

facie showing. Such a claim is called a 

‘‘claim of incompleteness.’’ The process 

for claims of incompleteness is intended 

to address situations in which the 

licensee’s 10 CFR 52.99(c) notification is 

incomplete (i.e., fails to contain the 

necessary information required by 

§ 52.99(c)) and this incompleteness 

prevents the petitioner from making the 

necessary prima facie showing with 

respect to one or more aspects of 10 CFR 

2.309(1)(i) through (v) and (vii).8 To 


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licensee’s 10 CFR 52.99(c) notification would 

prevent the petitioner from satisfying the elements 

in 10 CFR 2.309(f)(1)(i) through (v). 

9For claims of incompleteness, the 

‘‘incompleteness’’ refers to a lack of required 

information in a licensee’s ITAAC notification, not 

to whether the ITAAC has yet to be completed. 

Thus, a valid claim of incompleteness with respect 

to an uncompleted ITAAC notification must 

identify, among other things, an insufficient 

description in the notification of how the licensee 

will successfully complete the ITAAC. 

10A hearing request from the licensee need not 

address the standards in 10 CFR 2.309(d) or (f). In 

particular, the licensee’s interest in the proceeding 

is established by the fact that its authority to 

operate the facility depends on its compliance with 

the ITAAC. Also, the prima facie showing 

requirement does not apply to a licensee hearing 

request because the licensee would be asserting that 

an ITAAC has been successfully completed rather 

than asserting that the acceptance criteria have not 

been, or will not be, met. Licensees requesting a 

hearing would be challenging an NRC staff 

determination that an ITAAC has not been 

successfully completed; this NRC staff 

determination is analogous to a prima facie 

establish a valid claim of 

incompleteness, the petitioner (1) must 

specifically identify the portion of the 

10 CFR 52.99(c) notification that the 

petitioner asserts is incomplete, (2) must 

provide an adequately supported 

showing that the 10 CFR 52.99(c) 

notification fails to include information 

required by 10 CFR 52.99(c), and (3) 

must provide an adequately supported 

explanation of why this deficiency 

prevents the petitioner from making the 

necessary prima facie showing.9 This 

explanation must include a 

demonstration that the allegedly 

missing information is reasonably 

calculated to support a prima facie 

showing. 

However, the petitioner’s ability to 

file a claim of incompleteness does not 

obviate the need for the petitioner to 

show standing and, to the extent it can 

based on the available information, 

satisfy the contention requirements. 

Thus, the petitioner must make all of its 

claims regarding the ITAAC and satisfy 

the contention admissibility 

requirements of 10 CFR 2.309(f)(1)(i) 

through (v) and (vii) in its hearing 

request to the extent possible but for the 

petitioner’s claim of incompleteness. A 

claim of incompleteness does not toll a 

petitioner’s obligation to make a timely 

prima facie showing. If the petitioner is 

unsure whether to file a contention or 

a claim of incompleteness on an ITAAC 

notification, the petitioner can submit 

both a contention and a claim of 

incompleteness at the same time, 

arguing in the alternative that if the 

contention is not admissible, then the 

claim of incompleteness is valid. 

In addition, to the extent that a 

petitioner is able to make a prima facie 

showing with respect to one aspect of an 

ITAAC, it must do so even if there is a 

different aspect of the ITAAC for which 

a prima facie showing cannot be made 

because of an incompleteness in the 

licensee’s 10 CFR 52.99(c) notification. 

Furthermore, because the prima facie 

showing must address two issues— 

conformance with the acceptance 

criteria and whether the operational 

consequences of nonconformance are 

contrary to reasonable assurance of 

adequate protection of the public health 

and safety—a valid claim of 

incompleteness must either explain why 

the incompleteness in the 10 CFR 

52.99(c) notification prevents the 

petitioner from making the prima facie 

showing with respect to both issues, or 

the petitioner must make the prima 

facie showing with respect to one issue 

and explain why the incompleteness in 

the 10 CFR 52.99(c) notification 

prevents the petitioner from making the 

prima facie showing with respect to the 

other issue. 

To expedite the proceeding and 

prevent the unnecessary expenditure of 

resources that might occur from 

litigating claims of incompleteness that 

could have been resolved through 

negotiation, the Commission is 

requiring consultation between the 

petitioner and the licensee regarding 

information purportedly missing from 

the licensee’s 10 CFR 52.99(c) ITAAC 

notifications. This consultation must 

occur in a timely fashion prior to the 

filing of any claim of incompleteness. 

Specifically, the petitioner must initiate 

consultation with the licensee regarding 

any claims of incompleteness within 21 

days of the notice of intended operation 

for all ITAAC notifications that were 

publicly available (or for which a 

redacted version was publicly available) 

when the notice of intended operation 

was published. If the ITAAC 

notification (or a redacted version 

thereof) becomes publicly available after 

the notice of intended operation is 

published, then the petitioner must 

initiate consultation with the licensee 

regarding any claims of incompleteness 

on such notifications within 7 days of 

the notification (or a redacted version 

thereof) becoming available to the 

public, except that consultation need 

not be commenced earlier than 21 days 

after publication of the notice of 

intended operation. If agreement is not 

reached before the deadline for filing 

the claim of incompleteness, then the 

petitioner must file the claim of 

incompleteness by the required 

deadline. Further requirements 

regarding consultation on claims of 

incompleteness, including requirements 

related to SUNSI or SGI and to 

deadlines for filing contentions once 

access to information is granted, are in 

Section II.B.2 of the Additional 

Procedures Order issued with this 

notice. 

If the Commission determines that the 

petitioner has submitted a valid claim of 

incompleteness, then it will issue an 

order requiring the licensee to provide 

the additional information and setting 

forth a schedule for the petitioner to file 

a contention that meets the prima facie 

standard based on the additional 

information. If the petitioner files an 

admissible contention thereafter, and all 

other hearing request requirements (e.g., 

standing) have been met, then the 

hearing request will be granted. 

D. Access to SUNSI or SGI 

A petitioner seeking access to SUNSI 

or SGI in the possession of the NRC for 

the purposes of contention formulation 

shall make this request in accordance 

with the SUNSI–SGI Access Order 

issued with this notice. A petitioner 

who seeks access to SUNSI or SGI in the 

possession of the licensee through the 

process for consultation on claims of 

incompleteness shall do so in 

accordance with Section II.B.2 of the 

Additional Procedures Order issued 

with this notice. Petitioners are required 

to take advantage of these processes for 

seeking access to SUNSI or SGI, and 

their failure to do so will be taken into 

account by the NRC. 

E. Participation by Interested States, 

Local Governments, and FederallyRecognized Indian Tribes 

A request for hearing submitted by a 

State, local government body, Federallyrecognized Indian Tribe, or an agency 

thereof must comply with the 

provisions of 10 CFR 2.309(h)(1). The 

hearing request must meet the 

requirements for hearing requests set 

forth in this section, except that a State, 

local government body, Federallyrecognized Indian Tribe, or an agency 

thereof does not need to address the 

standing requirements in 10 CFR 

2.309(d) if the facility is located within 

its boundaries or jurisdiction. A State, 

local government body, Federallyrecognized Indian Tribe, or an agency 

thereof may also seek to participate in 

a hearing in accordance with 10 CFR 

2.315(c). 

F. Hearing Requests From the Licensee 

The licensee may file a request for 

hearing if it disputes an NRC staff 

determination that an ITAAC has not 

been successfully completed. If the 

licensee requests a hearing, it must 

specifically identify the ITAAC subject 

to this dispute and the specific issues 

that are being disputed.10


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showing that the acceptance criteria have not been 

met. 

11 In accordance with 10 CFR 2.309(g), 

participants to this proceeding may not address the 

selection of hearing procedures in their initial 

filings. The NRC provided the public with an 

opportunity to comment on generic hearing 

procedures during the comment period on the 

proposed generic procedures. See Final ITAAC 

Hearing Procedures, 81 FR 43266; Proposed 

Procedures for Conducting Hearings on Whether 

Acceptance Criteria in Combined Licenses Are Met, 

79 FR 21958 (Apr. 18, 2014) (Proposed ITAAC 

Hearing Procedures). This prohibition, however, 

does not apply to a licensee’s hearing request 

because such hearing requests are not subject to 10 

CFR 2.309 and because the generic procedures did 

not address the procedures for hearings requested 

by the licensee. 

12Additional background information regarding 

interim operation can be found in the Federal 

Register notice for the Final ITAAC Hearing 

Procedures (81 FR 43266). 

G. Deadlines for Hearing Requests and 

Answers to Hearing Requests 

Hearing requests must be filed no 

later than April 4, 2022. Hearing 

requests, intervention petitions, and 

motions for leave to file new or 

amended contentions or claims of 

incompleteness that are filed after this 

date must meet the requirements for 

such filings that are set forth in Section 

II.G of the Additional Procedures Order 

issued with this notice. As provided by 

10 CFR 2.309(i), answers to a 

petitioner’s hearing request must be 

filed within 25 days of service of the 

hearing request, and the petitioner is not 

permitted to reply to these answers. For 

hearing requests from the licensee, the 

NRC staff may file an answer within 10 

days of service of the hearing request, 

and the licensee is not permitted to 

reply to the NRC staff’s answer. 

The Commission will expeditiously 

rule on all hearing requests, and the 

milestone for this ruling is 30 days from 

the filing of answers. If the petitioner’s 

hearing request is granted, the petitioner 

becomes a party to the contested 

proceeding, subject to any limitations in 

the order granting the hearing request. 

Concurrent with the granting of the 

hearing request, the Commission would 

designate the presiding officer for the 

hearing and issue an order specifying 

the hearing procedures that would 

apply to the proceeding. The party’s 

participation would be governed by the 

applicable procedures set forth in the 

Commission order and may include the 

opportunity to present the party’s legal 

and technical views, introduce 

evidence, and propose questions to be 

asked of witnesses. The hearing 

procedures will be selected from those 

described in the ‘‘Final Procedures for 

Conducting Hearings on Conformance 

with the Acceptance Criteria in 

Combined Licenses’’ (Final ITAAC 

Hearing Procedures) (81 FR 43266; July 

1, 2016), and may include any 

additional or modified case-specific 

procedures that the Commission 

designates.11

H. Interim Operation 

If a hearing request is granted, AEA 

§ 189a.(1)(B)(iii) directs the Commission 

to determine whether to allow interim 

operation, which is operation of the 

facility for an interim period before 

completion of the adjudicatory hearing. 

Interim operation will be allowed if the 

NRC staff makes the 10 CFR 52.103(g) 

finding for all ITAAC and if the 

Commission determines, after 

considering the petitioner’s prima facie 

showing and any answers thereto, that 

there will be reasonable assurance of 

adequate protection of the public health 

and safety during a period of interim 

operation. AEA §§ 185b. and 

189a.(1)(B)(iii); 10 CFR 52.103(c). As 

provided by 10 CFR 52.103(c), the 

Commission will make this adequate 

protection determination acting as the 

presiding officer. 

The Commission is reserving its 

flexibility to make the interim operation 

determination at a time of its discretion. 

Because the purpose of the interim 

operation provision is to prevent an 

ITAAC hearing from unnecessarily 

delaying plant operation if the hearing 

extends beyond scheduled fuel load, the 

Commission intends to make an 

adequate protection determination for 

interim operation by scheduled fuel 

load if the hearing is not completed by 

that time. 

In making the adequate protection 

determination for interim operation, the 

Commission will follow the legislative 

intent underlying the interim operation 

provision. The pertinent legislative 

history indicates that Congress did not 

intend that the Commission would rule 

on the merits of the petitioner’s prima 

facie showing when making the 

adequate protection determination for 

interim operation. Instead, Congress 

intended interim operation for 

situations in which the petitioner’s 

prima facie showing relates to an 

asserted adequate protection issue that 

does not present adequate protection 

concerns during the interim operation 

period or for which mitigation measures 

can be taken to preclude potential 

adequate protection issues during the 

period of interim operation.12

As stated previously, the adequate 

protection determination for interim 

operation is based on the parties’ initial 

filings, i.e., the hearing request and 

answers thereto. Thus, the petitioner 

should include in its hearing request 

information regarding the time period 

and modes of operation during which 

the adequate protection concern arises. 

Likewise, the NRC staff and the licensee 

should include such information in 

their answers to the hearing request, and 

the licensee should also include any 

proposed mitigation measures to 

address the adequate protection 

concerns raised by the petitioner. The 

petitioners, the NRC staff, and the 

licensee are reminded that, ordinarily, 

their initial filings will be their only 

opportunity to address adequate 

protection during interim operation. 

Because the Commission’s interim 

operation determination is a technical 

finding, a proponent’s views regarding 

adequate protection during interim 

operation must be supported with 

alleged facts or expert opinion, 

including references to the specific 

sources and documents on which the 

proponent relies. Any expert witness or 

eyewitness declarations, including a 

statement of the qualifications and 

experience of the expert, must be signed 

in accordance with 10 CFR 2.304(d). 

The probative value that the NRC 

accords to a proponent’s position on 

adequate protection during interim 

operation will depend on the level and 

specificity of support provided by the 

proponent, including the qualifications 

and experience of each expert providing 

expert opinion. 

If the Commission grants a hearing 

request, it may order additional briefing 

as a matter of discretion to support a 

determination on whether there will be 

adequate protection during interim 

operation. Such a briefing order will be 

issued concurrently with the granting of 

the hearing request. In addition, if 

mitigation measures are proposed by the 

licensee in its answer to the hearing 

request, then the Commission will issue 

a briefing order allowing the NRC staff 

and the petitioners an opportunity to 

address adequate protection during 

interim operation in light of the 

mitigation measures proposed by the 

licensee in its answer. 

More information on the interim 

operation process can be found in the 

Final ITAAC Hearing Procedures (81 FR 

43266). 

I. Limited Appearance Statements 

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 

10 CFR 2.315(a). In the discretion of the 

presiding officer, a person making a 

limited appearance may make an oral or 

written statement of position on the 

issues at any session of the hearing or 

any prehearing conference within the 


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13The initial request for access to SUNSI or SGI 

must be made in accordance with the procedures 

set forth in the SUNSI–SGI Access Order that 

accompanies this notice. 

limits and on the conditions fixed by 

the presiding officer. However, the 

presiding officer will not provide for 

oral limited appearance statements 

unless an oral hearing is held. In 

addition, a person making a limited 

appearance statement may not 

otherwise participate in the proceeding. 

Such limited appearance statements 

shall not be considered evidence in the 

proceeding. 

III. Electronic Submissions (E-Filing) 

Except for an initial request for access 

to SUNSI or SGI made pursuant to the 

SUNSI–SGI Access Order, all 

documents filed in this proceeding, 

including a request for hearing, any 

motion or other document filed in the 

proceeding prior to the submission of a 

request for hearing, 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, as amended at 77 FR 

46562; August 3, 2012) as modified by 

the procedures in the orders issued with 

this notice.13 Participants to this 

proceeding must submit and serve all 

adjudicatory documents over the 

internet, or in some cases mail copies on 

electronic storage media by overnight 

mail. The user’s guide for electronic 

adjudicatory submissions is available at 

https://www.nrc.gov/site-help/esubmittals/adjudicatory-eie-submissionuser-guide.pdf. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described later in this section. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should (1) obtain 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 this proceeding and (2) 

contact the Office of the Secretary by 

email at Hearing.Docket@nrc.gov, or by 

telephone at 301–415–1677, to advise 

the Secretary that the participant will be 

submitting a request for hearing (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for 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 website at https://

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

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

should be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

public website at https://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’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, 

the licensee and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request 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’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public website at https:// 

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 

Electronic Filing Help Desk is available 

between 9:00 a.m. and 6:00 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 overnight mail to the Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Attention: Rulemaking 

and Adjudications Staff, Mail Stop 

OWFN 16–B33, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. Participants filing a 

document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by overnight mail 

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. 

Any person who files a motion 

pursuant to 10 CFR 2.323 (as modified 

by the Additional Procedures Order 

issued with this notice) must consult 

with counsel for the licensee and 

counsel for the NRC staff. Counsel for 

the licensee is M. Stanford Blanton, 

Balch & Bingham LLP, 205–226–3417, 

sblanton@balch.com. Counsel for the 

NRC staff in this proceeding is Michael 

Spencer, 301–287–9115, 

Michael.Spencer@nrc.gov. 

Documents submitted in this 

proceeding will appear in the NRC’s 

electronic hearing docket, which is 

available to the public at https://

adams.nrc.gov/ehd, unless excluded 

pursuant to an order of the Commission 

or the presiding officer. If you do not 

have an NRC-issued digital ID certificate 

as described above, 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 

home phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. However, a hearing request 

will require that the petitioner include 

information on local residence in order 

to demonstrate a proximity assertion of 

interest in this proceeding. With respect 

to copyrighted works, except for limited 

excerpts that support the adjudicatory 

filings and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their submission. 

For the Nuclear Regulatory 

Commission. 


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14See Licenses, Certifications, and Approvals for 

Nuclear Power Plants, 72 FR 49352, 49414 (August 

28, 2007) (final rule). 

15This order contains only procedures governing 

the period prior to a ruling on the hearing request. 

If the Commission grants a hearing request or 

determines that a claim of incompleteness is valid, 

then the Commission will issue procedures 

governing the resolution of these issues 

concurrently with its decision on the hearing 

request. 

16The procedures and schedule imposed by this 

order are based on a set of general procedures that 

the Commission approved after the consideration of 

public comments. See Final ITAAC Hearing 

Procedures, 81 FR 43266; Proposed Procedures for 

Conducting Hearings on Whether Acceptance 

Criteria in Combined Licenses Are Met, 79 FR 

21958 (Apr. 18, 2014). The notice in the Federal 

Register accompanying those general procedures 

provides a further explanation of their bases. 

Dated: January 27, 2022. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Attachment 1: Orders Associated With 

the Notice of Intended Operation 

Order Imposing Additional Procedures 

for ITAAC Hearings Before a 

Commission Ruling on the Hearing 

Request 

I. Background 

The Atomic Energy Act of 1954, as 

amended (AEA), grants the NRC 

discretion to establish appropriate 

procedures for conducting a hearing on 

whether a facility as constructed 

complies, or upon completion will 

comply, with the acceptance criteria in 

the combined license, provided that the 

NRC explains its reasoning for 

establishing those procedures. AEA 

§ 189a.(1)(B)(iv). As provided by 10 CFR 

2.310(j), the Commission designates on 

a case-specific basis the procedures for 

proceedings on a Commission finding 

under 10 CFR 52.103(c) and (g), which 

includes the Commission determination 

on a hearing request under 10 CFR 

52.103(c).14 This order contains the 

procedures that govern requests for 

hearings on conformance with the 

prescribed acceptance criteria in the 

combined license, as well as other 

filings that may be submitted before a 

Commission ruling on the hearing 

request.15 The procedures in this order 

were approved by the Commission for 

use on a general basis in the ‘‘Final 

Procedures for Conducting Hearings on 

Conformance with the Acceptance 

Criteria in Combined Licenses’’ (Final 

ITAAC [inspections, tests, analyses, and 

acceptance criteria] Hearing Procedures) 

(81 FR 43266; July 1, 2016). 

The Commission developed the 

procedures in this order based on the 

NRC’s rules of practice in 10 CFR part 

2, primarily subpart C, adopting or 

modifying them as necessary to conform 

to the expedited schedule and 

specialized nature of hearings on 

ITAAC. The Commission modeled these 

procedures on the existing rules because 

they have proven effective in promoting 

a fair and efficient process in 

adjudications and there is a body of 

experience and precedent interpreting 

and applying these provisions. In 

addition, using the existing rules to the 

extent possible could make it easier for 

potential participants in the hearing to 

apply the procedures in this order if 

they are already familiar with the 

existing rules. To the extent that the 

Commission has substantively modified 

these rules, the basis for the 

Commission’s decision is set forth in 

this order.16 And to the extent that the 

Commission has adopted the rules with 

little or no substantive change, the 

Commission incorporates by reference 

the basis for their promulgation in 10 

CFR part 2. 

Many of the modifications the 

Commission has made to the hearing 

procedures in existing regulations are to 

account for the requirement in the AEA 

that, to the maximum possible extent, 

decisions resolving issues raised by an 

ITAAC hearing request shall be 

rendered within 180 days of the 

publication of the notice of intended 

operation or the anticipated date for 

initial loading of fuel, whichever is 

later. AEA § 189a.(1)(B)(v). Therefore, 

the Commission has established a 

narrow time frame for hearings on 

ITAAC, which is reflected in reduced 

time limits for certain adjudicatory 

actions. The Commission has also made 

appropriate changes to the ‘‘Order 

Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards 

Information [SUNSI] and Safeguards 

Information [SGI] for Contention 

Preparation’’ (SUNSI–SGI Access 

Order), which immediately follows this 

order. The participants are obligated to 

ensure that their representatives and 

witnesses are available during the 

hearing process to perform all of their 

hearing-related tasks on time. The 

competing obligations of the 

participants’ representatives or 

witnesses will not be considered good 

cause for any delays in the schedule. 

II. Hearing Procedures 

The procedures set forth herein and in 

the SUNSI–SGI Access Order issued 

with this notice are exclusive—in other 

words, no procedures other than those 

stated in the orders issued with the 

notice of intended operation apply to 

this proceeding, unless modified by a 

later Commission order. Thus, if a 

provision of 10 CFR part 2 is not 

expressly referenced in this order, then 

it does not apply to this proceeding, 

unless modified by a later Commission 

order. 

A. Briefing of Legal Issues in Filings 

In order to expedite the proceeding 

and ensure sound decision making by 

the presiding officer, participants must 

fully brief all relevant legal issues in 

their filings. 

B. Hearing Requests and Answers to 

Hearing Requests 

1. Requirements for Hearing Requests 

a. Hearing requests must be filed 

within 60 days of the publication of the 

notice of intended operation. Section 

II.G of this order governs hearing 

requests, intervention petitions, and 

motions for leave to file new or 

amended contentions or claims of 

incompleteness that are filed after 60 

days from the publication of the notice 

of intended operation. 

b. Hearing requests from petitioners 

must meet the requirements of 10 CFR 

2.309(f)(1)(i) through (v) and 10 CFR 

2.309(f)(1)(vii). The requirements of 10 

CFR 2.309(f)(1)(vi) do not apply to this 

proceeding. 

c. The requirements of Sections VI, 

VIII.B.5.g and VIII.C.5 of the AP1000 

design certification rule apply to this 

proceeding. 

d. A hearing request from a petitioner 

must include a demonstration that the 

petitioner has standing in accordance 

with the requirements of 10 CFR 

2.309(d). Additionally, the provisions of 

10 CFR 2.309(h) apply to this 

proceeding. However, discretionary 

intervention pursuant to 10 CFR 

2.309(e) does not apply to this 

proceeding because 10 CFR 2.309(a) 

requires a showing of standing and 

contention admissibility in an ITAAC 

hearing, and 10 CFR 2.309(a) does not 

provide a discretionary intervention 

exception for hearings under 10 CFR 

52.103 as it provides for other 

proceedings. 

e. Any declarations of eyewitnesses or 

expert witnesses offered in support of 

contention admissibility need to be 

signed by the eyewitness or expert 

witness in accordance with 10 CFR 

2.304(d). If declarations are not signed, 

their content will be considered, but 

they will not be accorded the weight of 

an eyewitness or an expert witness, as 

applicable, with respect to satisfying the 

prima facie showing required by 10 CFR 

2.309(f)(1)(vii). The purpose of this 

provision is to ensure that a position 

that is purportedly supported by an 

expert witness or an eyewitness is 

actually supported by that witness. 

f. Hearing requests from the licensee 

must specifically identify the ITAAC 


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17 If consultations are not successful because the 

NRC staff makes an adverse determination on the 

petitioner’s likelihood of establishing standing, 

need for SUNSI, or need to know for SGI, then the 

issues of standing, need for SUNSI, and need to 

know for SGI (as applicable) will be resolved in a 

ruling on the claim of incompleteness if the 

petitioner decides to file a claim of incompleteness. 

whose successful completion is being 

disputed by the NRC staff and identify 

the specific issues that are being 

disputed. 

2. Consultation on Claims of 

Incompleteness: To expedite the 

proceeding and prevent the unnecessary 

expenditure of resources that might 

occur from litigating claims of 

incompleteness that could have been 

resolved through negotiation, the 

Commission is requiring consultation 

between the petitioner and the licensee 

regarding information purportedly 

missing from the licensee’s 10 CFR 

52.99(c) ITAAC notifications. This 

consultation must occur prior to the 

filing of any claim of incompleteness 

and must be in accordance with the 

provisions set forth below. 

a. The petitioner must make a sincere 

effort to timely initiate and 

meaningfully engage in consultation 

with the licensee, and the licensee must 

make a sincere effort to listen to and 

respond to the petitioner. Both the 

petitioner and the licensee must make 

sincere efforts to resolve the petitioner’s 

request and must complete 

consultations (and any delivery of 

documents) with due dispatch. 

b. The petitioner must initiate 

consultation with the licensee regarding 

any claims of incompleteness within 21 

days of the notice of intended operation 

for all ITAAC notifications that were 

publicly available (or for which a 

redacted version was publicly available) 

when the notice of intended operation 

was published. If the ITAAC 

notification (or a redacted version 

thereof) becomes publicly available after 

the notice of intended operation is 

published, then the petitioner must 

initiate consultation with the licensee 

regarding any claims of incompleteness 

on such notifications within 7 days of 

the notification (or a redacted version 

thereof) becoming available to the 

public, except that consultation need 

not be commenced earlier than 21 days 

after publication of the notice of 

intended operation. 

c. Within one day of the licensee 

discovering that consultation on a claim 

of incompleteness involves SUNSI or 

SGI, the licensee must inform the 

petitioner of this fact. Within one day of 

the licensee discovering that securityrelated SUNSI or SGI is involved, the 

licensee must also inform the NRC staff 

with a brief explanation of the situation. 

d. If consultation on a claim of 

incompleteness involves securityrelated SUNSI or SGI, then the licensee 

shall not provide the security-related 

SUNSI or SGI unless and until the NRC 

has determined that such access is 

appropriate. Also, if SGI is involved and 

the petitioner continues to seek access 

to it, then, in order to expedite the 

proceeding, the petitioner must 

complete and submit to the NRC the 

background check forms and fee in 

accordance with Sections D.(2)(a) 

though D.(2)(e) of the SUNSI–SGI 

Access Order issued with this notice. 

The background check forms and fee 

must be submitted within 5 days of 

notice from the licensee that SGI is 

involved. Petitioners are expected to 

have forms completed prior to this date 

to allow for expeditious submission of 

the required forms and fee. The 

petitioner should review all submitted 

materials for completeness and accuracy 

(including legibility) before submitting 

them to the NRC. 

e. In determining whether access to 

SUNSI or SGI is appropriate as part of 

the consultation process, the NRC staff 

shall employ the standards in Section F 

of the SUNSI–SGI Access Order with 

respect to likelihood of establishing 

standing, need for SUNSI, and need to 

know for SGI. For access to SGI, the 

NRC Office of Administration will also 

determine, based upon completion of 

the background check, whether the 

proposed recipient is trustworthy and 

reliable, as required by 10 CFR 73.22(b) 

for access to SGI. Before making a final 

adverse trustworthiness and reliability 

determination, the NRC Office of 

Administration will employ the process 

set forth in Section K.(2) of the SUNSI– 

SGI Access Order. If the NRC Office of 

Administration makes a final adverse 

determination on trustworthiness and 

reliability, any request for review of this 

determination must be filed with the 

Chief Administrative Judge within 7 

days of receipt of the adverse 

determination, any NRC staff response 

must be filed within 7 days of receipt of 

the request for review, and such 

requests for review shall be resolved in 

accordance with Section K.(4) of the 

SUNSI–SGI Access Order.17

f. If access to SUNSI or SGI is granted, 

the presiding officer for any nondisclosure agreement or affidavit or 

protective order will be designated in 

accordance with Sections G and H of the 

SUNSI–SGI Access Order. The approved 

protective order templates announced in 

‘‘Protective Order Templates for 

Hearings on Conformance With the 

Acceptance Criteria in Combined 

Licenses’’ (84 FR 3515; Feb. 12, 2019), 

should serve as a basis for case-specific 

protective orders, as appropriate. 

Release and storage of SGI shall be in 

accordance with Section I of the 

SUNSI–SGI Access Order. 

g. Any contention based on additional 

information provided to the petitioner 

by the licensee through consultation on 

claims of incompleteness shall be due 

within 20 days of the petitioner’s access 

to the additional information, unless 

more than 20 days remains between the 

petitioner’s access to the additional 

information and the deadline for the 

hearing request, in which case the 

contention shall be due by the later 

hearing request deadline. 

h. If agreement is not reached before 

the deadline for filing the claim of 

incompleteness, then the petitioner 

must file the claim of incompleteness by 

the required deadline. 

i. If a claim of incompleteness is filed, 

the petitioner must include with its 

claim of incompleteness a certification 

by the attorney or representative of the 

petitioner that the petitioner (1) 

complied with the timeliness 

requirements for consultation and (2) 

made a sincere effort to meaningfully 

engage in consultation with the licensee 

on access to the purportedly missing 

information prior to filing the claim of 

incompleteness. This certification may 

include any additional discussion that 

the petitioner believes is necessary to 

explain the situation. 

j. A claim of incompleteness 

involving SUNSI or SGI must (1) 

specifically identify the extent to which 

the petitioner believes that any 

requested information might be SUNSI 

or SGI, and (2) include a showing of the 

need for the information (for access to 

SUNSI) or need to know (for access to 

SGI). The showing of need for SUNSI 

must satisfy the standard in Section 

D.(1)(iii) of the SUNSI–SGI Access 

Order, and the showing of need to know 

for SGI must satisfy the standard in 

Section D.(1)(iv) of the SUNSI–SGI 

Access Order. A claim of 

incompleteness involving SGI must also 

state that the required forms and fee for 

the background check have been 

submitted to the NRC in accordance 

with Sections D.(2)(a) through D.(2)(e) of 

the SUNSI–SGI Access Order. 

k. A licensee answer to a claim of 

incompleteness must include a 

certification by the licensee’s attorney or 

representative that the licensee (1) 

complied with the timeliness 

requirements for consultation and (2) 

made a sincere effort to listen to and 

respond to the petitioner and to resolve 

the petitioner’s request prior to the 

filing of the claim of incompleteness. 

This certification may include any 


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18A claim of incompleteness does not bear on 

interim operation because interim operation is 

intended to address whether operation shall be 

allowed notwithstanding the petitioner’s prima 

facie showing, while a claim of incompleteness is 

premised on the petitioner’s inability to make a 

prima facie showing. 

19This standard is taken from the Policy on 

Conduct of Adjudicatory Proceedings, CLI–98–12, 

48 NRC 18, 21 (1998). 

additional discussion that the licensee 

believes is necessary to explain the 

situation. An answer from the licensee 

must also specifically identify the extent 

to which the licensee believes that any 

requested information might be SUNSI 

or SGI. 

l. In determining whether a claim of 

incompleteness is valid, the 

Commission will consider all of the 

information available to the petitioner, 

including any information provided by 

the licensee. The Commission will also 

consider whether the participants have 

discharged their consultation 

obligations in good faith. 

3. Effect of Hearing Requests on 

Interim Operation 

a. If the petitioner argues that the 

information raised in the hearing 

request will affect adequate protection 

during interim operation, then, in order 

for its views to be considered before the 

Commission makes the interim 

operation determination, the petitioner 

shall provide its views on this issue, 

including the time periods and modes of 

operation in which the adequate 

protection concern arises, at the same 

time it submits the hearing request.18

b. Because the Commission’s interim 

operation determination is a technical 

finding, a petitioner’s views regarding 

adequate protection during interim 

operation must be supported with 

alleged facts or expert opinion, 

including references to the specific 

sources and documents on which it 

relies. Any expert witness or eyewitness 

declarations, including a statement of 

the qualifications and experience of the 

expert, must be signed in accordance 

with 10 CFR 2.304(d). The probative 

value that the NRC accords to a 

petitioner’s position on adequate 

protection during interim operation will 

depend on the level and specificity of 

support provided by the petitioner, 

including the qualifications and 

experience of each expert providing 

expert opinion. 

4. Answers 

a. Answers to a petitioner’s hearing 

request shall be filed within 25 days of 

service of the hearing request in 

accordance with 10 CFR 2.309(i)(1). An 

answer to a licensee’s hearing request 

may be filed by the NRC staff within 10 

days of service of the hearing request. 

b. Any answers to the proffered 

contention from the NRC staff and the 

licensee shall include their views 

regarding the impact of the issues raised 

in the hearing request on adequate 

protection during interim operation, 

including the licensee’s plans, if any, to 

propose mitigation measures to ensure 

adequate protection during interim 

operation. NRC staff filings addressing 

interim operation should address any 

terms and conditions that should be 

imposed to assure adequate protection 

during the interim period. Because the 

Commission’s interim operation 

determination is a technical finding, the 

NRC staff’s and the licensee’s views 

regarding adequate protection during 

interim operation must be supported 

with alleged facts or expert opinion, 

including references to the specific 

sources and documents on which they 

rely. Any expert witness or eyewitness 

declarations, including a statement of 

the qualifications and experience of the 

expert, must be signed in accordance 

with 10 CFR 2.304(d). The probative 

value that the NRC accords to the NRC 

staff’s or the licensee’s position on 

adequate protection during interim 

operation will depend on the level and 

specificity of support provided, 

including the qualifications and 

experience of each expert providing 

expert opinion. 

c. As provided by 10 CFR 2.309(i)(2)– 

(3), replies to answers are not permitted. 

If the Commission grants the hearing 

request, it may determine that 

additional briefing is necessary to 

support an adequate protection 

determination on interim operation. If 

the Commission makes determinations 

that additional briefing is necessary on 

the adequate protection determination, 

then it intends to issue a briefing order 

concurrently with the granting of the 

hearing request. In addition, if 

mitigation measures are proposed by the 

licensee in its answer to the hearing 

request, then the Commission intends to 

issue a briefing order allowing the NRC 

staff and the petitioner an opportunity 

to address adequate protection during 

interim operation in light of the 

mitigation measures proposed by the 

licensee in its answer. 

5. Timing for Decision on Hearing 

Requests 

a. Unless the Commission extends its 

time for review, the Commission will 

rule on a hearing request within 30 days 

of the filing of answers. 

b. A Commission interim operation 

determination need not be made in 

conjunction with a ruling on the hearing 

request. 

C. General Motions 

To accommodate the expedited 

timeline for the hearing, the time period 

for filing and responding to motions 

must be shortened from the time periods 

set forth in 10 CFR part 2, subpart C. 

Therefore, all motions, except for 

motions for leave to file new or 

amended contentions or claims of 

incompleteness filed after the deadline, 

shall be filed within 7 days after the 

occurrence or circumstance from which 

the motion arises, or earlier, as 

prescribed by the presiding officer. 

Answers to motions shall be filed 

within 7 days after service of the 

motion, or earlier, as prescribed by the 

presiding officer. Except for the filing 

deadlines, motions and answers shall 

otherwise conform to the requirements 

of 10 CFR 2.323(a) through (d). The 

provisions of 10 CFR 2.323(g) apply to 

this proceeding. 

D. Motions for Extension of Time 

1. Except as otherwise provided, the 

presiding officer may, for good cause 

shown, extend the time fixed or the 

period of time prescribed for an act that 

is required or allowed to be done at or 

within a specified time. A showing of 

good cause must be based on an event 

occurring before the deadline in 

question. 

2. When determining whether the 

requesting participant has demonstrated 

good cause, the presiding officer shall 

take into account the factors in 10 CFR 

2.334(b): 

a. Whether the requesting participant 

has exercised due diligence to adhere to 

the schedule; 

b. Whether the requested change is 

the result of unavoidable circumstances; 

and 

c. Whether the other participants have 

agreed to the change and the overall 

effect of the change on the schedule of 

the case. 

3. In furtherance of the statutory 

direction regarding the expeditious 

completion of the hearing, ‘‘good cause’’ 

is to be interpreted strictly, and a 

showing of ‘‘unavoidable and extreme 

circumstances’’ 19 is required for any 

extension, no matter how minor. 

Because good cause will be interpreted 

strictly, meritorious motions will likely 

be based on events outside the 

participant’s control. 

4. Motions for extension of time shall 

be filed as soon as possible but no later 

than 3 days before the deadline, with 

one limited exception. If the participant 

is unable to file an extension request by 

3 days before the deadline, then the 

participant must (1) file its request as 

soon as possible thereafter, (2) 

demonstrate that unavoidable and 


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20Consistent with practice under 10 CFR 2.307, 

a motion for extension of time might be filed shortly 

after a deadline has passed, e.g., an unanticipated 

event on the filing deadline prevented the 

participant from filing. See Amendments to 

Adjudicatory Process Rules and Related 

Requirements, 77 FR 46562, 46571 (August 3, 2012) 

(final rule). 

21USEC Inc. (American Centrifuge Plant), CLI– 

06–10, 63 NRC 451, 470 (2006). 

22See 10 CFR 2.309(f)(1)(vii). 

23The AEA provisions on combined licenses and 

ITAAC were added by the Energy Policy Act of 

1992 (EPAct), Public Law Number 102–486. The 

legislative history of the EPAct suggests that reperforming the ITAAC would be a simpler way to 

resolve disputes involving competing eyewitness 

testimony. 138 Cong. Rec. S1143–44 (Feb. 6, 1992) 

(statement of Sen. Johnston). In addition, ITAAC reperformance might occur as part of the licensee’s 

maintenance of the ITAAC, and might also result 

in an ITAAC post-closure notification. 

extreme circumstances prevented the 

participant from filing its extension 

request by 3 days before the deadline, 

and (3) demonstrate that the participant 

filed its extension request as soon as 

possible thereafter.20

E. Requests for Reconsideration and 

Motions for Clarification 

Motions for reconsideration are not 

allowed for decisions on the hearing 

request or any presiding officer 

decisions prior to the decision on the 

hearing request. Instead, reconsideration 

will only be allowed for a presiding 

officer’s initial decision after hearing 

and Commission decisions on appeal of 

a presiding officer’s initial decision. 

Reconsideration is allowed in these 

narrow instances because these are the 

most important decisions in the 

proceeding and motions for 

reconsideration of these decisions do 

not prevent them from taking effect. 

Reconsideration is not permitted for 

other decisions because (1) 

reconsideration is unlikely to be 

necessary for other decisions, which are 

interlocutory in nature, (2) the resources 

necessary to prepare, review, and rule 

on requests for reconsideration would 

take time away from other hearingrelated tasks, (3) participants who 

disagree with an order of the presiding 

officer may seek redress through the 

process for appeals and petitions for 

review, and (4) the appellate process 

will not cause undue delay given the 

expedited nature of the proceeding. 

Motions for clarification are allowed for 

these other decisions, but to prevent 

them from becoming de facto motions 

for reconsideration, motions for 

clarification will be limited to 

ambiguities in a presiding officer order. 

In addition, a motion for clarification 

must explain the basis for the perceived 

ambiguity and may offer possible 

interpretations of the purportedly 

ambiguous language. 

F. Presiding Officer Notifications 

1. Notification of Relevant New 

Developments in the Proceeding 

a. Given the potential for 

circumstances to change over the course 

of this unique proceeding, we remind 

the participants of their continuing 

obligation to notify the other 

participants, the presiding officer, and 

the Commission of relevant new 

developments in the proceeding.21

2. Additional Notification Procedures 

for Pending Contentions 

a. For several reasons, it is possible 

for the factual predicate of a proposed 

contention to change before a decision 

on its admissibility. First, NRC 

regulations require for uncompleted 

ITAAC that hearing requests be 

submitted on the predictive question of 

whether one or more of the acceptance 

criteria in the combined license will not 

be met.22 When the ITAAC is later 

completed, this may affect the basis for 

the proposed contention. Second, a 

licensee might choose to re-perform an 

inspection, test, or analysis for ITAAC 

maintenance or to dispute a proposed 

contention.23 Third, events subsequent 

to the performance of an ITAAC might 

be relevant to the continued validity of 

the earlier ITAAC performance. To 

account for these possibilities, and to 

ensure that the presiding officer and the 

participants are timely notified of a 

change in circumstances, the NRC 

establishes the following additional 

procedures for proposed contentions 

that might be affected by such an event. 

b. To ensure that the presiding officer 

and the other participants stay fully 

informed of the status of challenged 

ITAAC as a proposed contention is 

being considered, any answers to the 

proposed contention from the NRC staff 

and the licensee must discuss any 

changes in the status of challenged 

ITAAC. 

c. After answers are filed, the 

participants must notify the presiding 

officer and the other participants in a 

timely fashion as to any changes in the 

status of a challenged ITAAC up to the 

time that the presiding officer rules on 

the admissibility of the contention. This 

would include notifying the presiding 

officer and the other participants of 

information related to re-performance of 

an ITAAC that might bear on the 

proposed contention. In addition, after 

answers are filed, the licensee must 

notify the presiding officer and the other 

participants of the submission of any 

ITAAC closure notification or ITAAC 

post-closure notification for a 

challenged ITAAC. This notice must be 

filed within one day of the submission 

of the ITAAC closure notification or 

ITAAC post-closure notification to the 

NRC. 

G. Hearing Requests, Intervention 

Petitions, and Motions for Leave To File 

New or Amended Contentions or Claims 

of Incompleteness Filed After the 

Original Deadline 

1. Presiding Officer: Hearing requests, 

intervention petitions, and motions for 

leave to file new or amended 

contentions or claims of incompleteness 

after the original deadline must be filed 

with the Commission. 

a. The Commission will rule upon all 

hearing requests, intervention petitions, 

and motions for leave to file new 

contentions or claims of incompleteness 

that are filed after the original deadline. 

If the Commission grants the hearing 

request, intervention petition, or motion 

for leave to file new contentions, the 

Commission will designate the hearing 

procedures and schedule for the newly 

admitted contentions and will 

determine whether there will be 

adequate protection during interim 

operation with respect to the newly 

admitted contentions. If the 

Commission determines that a new or 

amended claim of incompleteness 

demonstrates a need for additional 

information in accordance with 10 CFR 

2.309(f)(1)(vii), the Commission will 

designate separate procedures for 

resolving the claim. 

b. For motions for leave to file 

amended contentions, the Commission 

may rule on the amended contentions or 

may delegate rulings on such 

contentions to a licensing board or a 

single legal judge (assisted as 

appropriate by technical advisors). For 

amended contentions, a Commission 

ruling may not be necessary to lend 

predictability to the hearing process 

because the Commission will have 

provided guidance on the admissibility 

of the relevant issues when it ruled on 

the original contention. If a hearing 

request is granted, additional 

procedures governing presiding officer 

rulings on amended contentions will be 

included in a Commission order issued 

concurrently with its decision on the 

hearing request. 

2. Good Cause Required, as Defined in 

10 CFR 2.309(c) 

a. Hearing requests, intervention 

petitions, and motions for leave to file 

new or amended contentions or claims 

of incompleteness that are filed by 

petitioners after the original deadline 

will not be entertained absent a 

determination by the Commission or the 

presiding officer that the petitioner has 


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demonstrated good cause by showing 

that: 

(i) The information upon which the 

filing is based was not previously 

available; 

(ii) The information upon which the 

filing is based is materially different 

from information previously available; 

and 

(iii) The filing has been submitted in 

a timely fashion based on the 

availability of the subsequent 

information. To be deemed timely, 

hearing requests, intervention petitions, 

and motions for leave to file new or 

amended contentions filed after the 

original deadline must be filed within 

20 days of the availability of the 

information upon which the filing is 

based. To be deemed timely, motions for 

leave to file new or amended claims of 

incompleteness under 10 CFR 

2.309(f)(1)(vii) must be filed within 20 

days of the date that the challenged 10 

CFR 52.99(c) notification (or a redacted 

version thereof) becomes available to 

the public. 

3. Additional Requirements 

a. Hearing requests, intervention 

petitions, and motions for leave to file 

new or amended contentions or claims 

of incompleteness that are filed by 

petitioners after the original deadline 

must meet the requirements set forth in 

Sections II.B.1.b through II.B.1.e of this 

order, except that a showing of standing 

is not required for participants who 

have already addressed the standing 

criteria. 

b. Claims of incompleteness filed after 

the original deadline are subject to the 

requirements of Section II.B.2 of this 

order except that Section II.B.2.b is 

clarified to provide that the petitioner 

must initiate consultation with the 

licensee regarding any claims of 

incompleteness on such notifications 

within 7 days of the notification (or a 

redacted version thereof) becoming 

available to the public. 

c. Licensee hearing requests after the 

original deadline must be filed within 

20 days of formal correspondence from 

the NRC staff communicating its 

position that a particular ITAAC has not 

been successfully completed. Licensee 

hearing requests after the original 

deadline must also satisfy Section 

II.B.1.f of this order. 

d. If a petitioner submitting a hearing 

request, intervention petition, or motion 

for leave to file new or amended 

contentions or claims of incompleteness 

after the deadline believes that some 

aspect of operation must be stayed until 

action is taken in the hearing process, 

then that petitioner has the burden of 

submitting its stay request 

simultaneously with the hearing 

request, intervention petition, or motion 

for leave to file new or amended 

contentions or claims of 

incompleteness. If the petitioner does 

not include a stay request with its 

pleading, the petitioner will have 

constructively waived its right to 

request a stay at a later time. 

4. Effect of Hearing Requests, 

Intervention Petitions, and New or 

Amended Contentions Filed After the 

Original Deadline on Interim Operation 

a. The provisions in Sections II.B.3 of 

this order also apply to hearing requests, 

intervention petitions, and motions for 

leave to file new or amended 

contentions that are filed by petitioners 

after the original deadline. 

5. Answers 

a. The provisions in Sections II.B.4.a 

and II.B.4.b of this order also apply to 

answers to hearing requests, 

intervention petitions, and motions for 

leave to file new or amended 

contentions or claims of incompleteness 

filed after the original deadline, except 

that answers to filings from petitioners 

are due within 14 days of service of the 

hearing request, intervention petition, or 

motion for leave to file a new or 

amended contention or claim of 

incompleteness filed after the original 

deadline. 

b. Replies to answers are not 

permitted. If the Commission grants the 

hearing request, intervention petition, or 

motion for leave to file new or amended 

contentions filed after the original 

deadline, the Commission may 

determine that additional briefing is 

necessary to support an adequate 

protection determination on interim 

operation in accordance with Section 

II.B.4.c of this order. 

6. Timing for Decision on Hearing 

Requests, Intervention Petitions, and 

Motions for Leave to File New or 

Amended Contentions or Claims of 

Incompleteness Filed After the Original 

Deadline 

a. Unless the Commission extends the 

time for its review, the Commission will 

rule on a hearing request, intervention 

petition, or motion for leave to file a 

new or amended contention or claim of 

incompleteness filed after the original 

deadline within 30 days of the filing of 

answers. If a decision on the 

admissibility of an amended contention 

is delegated to a licensing board or a 

single legal judge (assisted as 

appropriate by technical advisors), the 

Commission expects the presiding 

officer to rule on the amended 

contention within 30 days of the filing 

of answers. Further procedures 

governing presiding officer rulings on 

amended contentions would be 

included in a Commission order issued 

concurrently with its decision on the 

hearing request. 

b. A Commission interim operation 

determination need not be made in 

conjunction with a ruling on a hearing 

request, intervention petition, or new or 

amended contention after the deadline. 

H. Reopening the Record 

1. The NRC’s existing rule in 10 CFR 

2.326 will apply to any effort to reopen 

the record. 

I. Commission Review of Presiding 

Officer Decisions 

1. Because the Commission, itself, 

will be ruling on the hearing request, 

the only possible decision before this 

ruling that would not be made by the 

Commission would be on requests for 

review of NRC staff determinations on 

access to SUNSI or SGI. Any appeals of 

such decisions will be governed by 

Section II.I.2 of this order; 10 CFR 2.311 

does not apply to this proceeding. 

2. Interlocutory Appeals 

a. Participants or petitioners may 

appeal to the Commission a presiding 

officer ruling with respect to a request 

for access to SUNSI (including, but not 

limited to, proprietary, confidential 

commercial, and security-related 

information) or SGI. Because of the 

expedited nature of the proceeding, 

such an appeal shall be filed within 7 

days after service of the order. The 

appeal shall be initiated by the filing of 

a notice of appeal and accompanying 

supporting brief. Any participant or 

petitioner may file a brief in opposition 

within 7 days after service of the appeal. 

The supporting brief and any answer 

shall conform to the requirements of 10 

CFR 2.341(c)(3). A presiding officer 

order denying a request for access to 

SUNSI or SGI may be appealed by the 

requestor only on the question of 

whether the request should have been 

granted in whole or in part. A presiding 

officer order granting a request for 

access to SUNSI or SGI may only be 

appealed on the question of whether the 

request should have been denied in 

whole or in part. However, such a 

question with respect to SGI may only 

be appealed by the NRC staff, and such 

a question with respect to SUNSI may 

be appealed only by the NRC staff or by 

a person whose interest independent of 

the proceeding would be harmed by the 

release of the information. 

b. The Commission does not expect 

appeals seeking to overturn a denial of 

access to SUNSI or SGI to delay any 

aspect of the proceeding unless the 

requestor can show irreparable harm. 

3. Certified Questions/Referred 

Rulings 


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a. The Commission recognizes that 

there may be unusual cases that merit a 

certified question or referred ruling from 

the presiding officer, notwithstanding 

the potential for delay. Therefore, the 

provisions regarding certified questions 

or referred rulings in 10 CFR 2.323(f) 

and 2.341(f)(1) apply to this proceeding. 

However, the proceeding is not stayed 

by the presiding officer’s referral of a 

ruling or certification of a question. 

Where practicable, the presiding officer 

should first rule on the matter in 

question and then seek Commission 

input in the form of a referred ruling to 

minimize delays in the proceeding 

during the pendency of the 

Commission’s review. 

J. Stays of Decisions or Actions 

1. 10 CFR 2.342 and 2.1213 are 

applicable to this proceeding with the 

following exceptions: 

a. The deadline in § 2.342 for filing 

either a stay application or an answer to 

a stay application is shortened to 7 days. 

b. The deadline in § 2.1213(c) to file 

an answer supporting or opposing a stay 

application is shortened to 7 days. 

c. A request to stay the effectiveness 

of the Commission’s decision on interim 

operation will not be entertained. The 

Commission’s decision on interim 

operation becomes final agency action 

once the NRC staff makes the finding 

under 10 CFR 52.103(g) that the 

acceptance criteria are met and issues 

an order allowing interim operation. 

K. Additional Provisions 

1. The following provisions in 10 CFR 

part 2 apply to this proceeding as 

written and in accordance with 

Commission case law, except as 

otherwise noted: 

a. 10 CFR 2.4 (Definitions): With the 

clarification that this proceeding is 

considered a ‘‘contested proceeding.’’ 

b. 10 CFR 2.8 (Information collection 

requirements: OMB approval). 

c. 10 CFR 2.111 (Prohibition on sex 

discrimination). 

d. 10 CFR 2.302 (Filing of 

documents): The initial request for 

access to SUNSI or SGI under the 

SUNSI–SGI Access Order will be made 

in accordance with the provisions of the 

SUNSI–SGI Access Order. For all other 

filings, 10 CFR 2.302 applies with the 

exception that subsections (b)(1) and 

(d)(2), which relate to first-class mail 

delivery, do not apply. When the 

presiding officer has approved a method 

other than electronic filing through the 

E-Filing system, documents filed in this 

proceeding must be transmitted either 

by fax, email, or overnight mail to 

ensure expedited delivery. Use of 

overnight mail will only be allowed if 

fax or email is impractical. In addition, 

for documents that are too large for the 

E-Filing system but could be filed 

through the E-Filing system if 

segmented into smaller files, the filer 

must segment the document and file the 

segments separately. 

e. 10 CFR 2.303 (Docket). 

f. 10 CFR 2.304 (Formal requirements 

for documents; signatures; acceptance 

for filing). 

g. 10 CFR 2.305 (Service of 

documents, methods, proof): The initial 

request for access to SUNSI or SGI 

under the SUNSI–SGI Access Order will 

be made in accordance with the 

provisions of the SUNSI–SGI Access 

Order. For all other filings, 10 CFR 

2.305 applies with the exception that 

when the presiding officer has approved 

a method other than electronic service 

through the E-Filing system, service 

must be made either by fax, email, or 

overnight mail in order to ensure 

expedited delivery. Use of overnight 

mail will only be allowed if fax or email 

is impractical. 

h. 10 CFR 2.306 (Computation of 

time): With the exception that 

subsections (b)(1) through (b)(4), which 

allow additional time for mail delivery, 

do not apply. Because overnight 

delivery will result in only minimal 

delay, it is not necessary to extend the 

time for a response. 

i. 10 CFR 2.313 (Designation of 

presiding officer, disqualification, 

unavailability, and substitution): With 

the exception that subsection (a) does 

not apply because this order governs the 

selection of the presiding officer. 

j. 10 CFR 2.314 (Appearance and 

practice before the Commission in 

adjudicatory proceedings): With the 

exception that, to expedite the 

proceeding, the time to appeal a 

disciplinary sanction under subsection 

(c)(3) is modified to 10 days after the 

issuance of the order imposing 

sanctions. 

k. 10 CFR 2.315 (Participation by a 

person not a party). 

l. 10 CFR 2.316 (Consolidation of 

parties). 

m. 10 CFR 2.317 (Separate hearings; 

consolidation of proceedings). 

n. 10 CFR 2.318 (Commencement and 

termination of jurisdiction of presiding 

officer). 

o. 10 CFR 2.319 (Power of the 

presiding officer): Subsections (a), (c), 

(d), (e), (g), (h), (i), (j), (k), (l), (m), (p), 

(q), (r), and (s) apply in their entirety. 

Subsection (b) applies with the 

clarification that this provision will not 

be used for purposes of discovery since 

there is no discovery before a contention 

is admitted. Subsection (f) does not 

apply because depositions are not 

allowed in this proceeding. Subsections 

(n) and (o) do not apply because they 

concern matters arising after a 

contention is admitted. 

p. 10 CFR 2.320 (Default). 

q. 10 CFR 2.321 (Atomic Safety and 

Licensing Boards). 

r. 10 CFR 2.324 (Order of procedure). 

s. 10 CFR 2.329 (Prehearing 

conference). 

t. 10 CFR 2.330 (Stipulations). 

u. 10 CFR 2.331 (Oral argument before 

the presiding officer). 

v. 10 CFR 2.335 (Consideration of 

Commission rules in adjudications). 

w. 10 CFR 2.343 (Oral argument). 

x. 10 CFR 2.346 (Authority of the 

Secretary). 

y. 10 CFR 2.347 (Ex parte 

communications). 

z. 10 CFR 2.348 (Separation of 

functions). 

aa. 10 CFR 2.390 (Public inspections, 

exemptions, requests for withholding). 

Order Imposing Procedures for Access 

to Sensitive Unclassified NonSafeguards Information and Safeguards 

Information for Contention Preparation 

A. This order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information (including 

sensitive unclassified non-safeguards 

information (SUNSI) and Safeguards 

Information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR parts 2 and 73. Nothing in this 

order is intended to conflict with the 

SGI regulations unless this order 

expressly provides otherwise. 

B. Within 10 days after publication of 

this notice of intended operation, any 

potential party who believes access to 

SUNSI or SGI is necessary to formulate 

contentions 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 in 

accordance with the instructions in the 

notice of intended operation. 

C. Requests for access to SUNSI or 

SGI submitted later than 10 days after 

the 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. To show good cause, the 

potential party must demonstrate that 

its request for access to SUNSI or SGI 

has been filed by the later of (a) 10 days 

from the date that the existence of the 

SUNSI or SGI document becomes public 

information, or (b) 10 days from the 

availability of new information giving 

rise to the need for the SUNSI or SGI to 

formulate the contention. 


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24While a request for hearing and other filings in 

this proceeding must be made through the E-Filing 

system in accordance with the provisions set forth 

in this notice, the initial request to access SUNSI 

and/or SGI under these procedures should be 

submitted as described in this paragraph. 

25Broad 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. 

26After providing this information, the individual 

usually should be able to obtain access to the online 

Form SF–85 within two business days. 

D. (1) The requestor shall request 

permission to access SUNSI, SGI, or 

both by email submitted to the Office of 

the Secretary, U.S. Nuclear Regulatory 

Commission, Attention: Rulemakings 

and Adjudications Staff, 

Hearing.Docket@nrc.gov; with copies 

being sent to the Deputy General 

Counsel for Licensing, Hearings, and 

Enforcement, Office of the General 

Counsel, RidsOgcMailCenter.Resource@

nrc.gov; and Michael Spencer, Counsel 

for the NRC staff, Michael.Spencer@

nrc.gov. If it is impractical for the 

requestor to email its request, then the 

requestor must submit the letter by 

overnight mail on the date the request 

is due. The addresses for overnight mail 

are as follows: (a) Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Attention: Rulemakings 

and Adjudications Staff, Mail Stop 

OWFN 16–B33, 11555 Rockville Pike, 

Rockville, Maryland 20852; (b) Deputy 

General Counsel for Licensing, 

Hearings, and Enforcement, Office of the 

General Counsel, U.S. Nuclear 

Regulatory Commission, Mail Stop 

OWFN 14–A44, 11555 Rockville Pike, 

Rockville, Maryland 20852; and (c) 

Michael Spencer, Counsel for the NRC 

staff, U.S. Nuclear Regulatory 

Commission, Mail Stop OWFN 14–A44, 

11555 Rockville Pike, Rockville, 

Maryland 20852.24 The request must 

include the following information: 

(i) A citation to this Federal Register 

notice and a statement that the 

information is being requested with 

respect to a hearing on conformance 

with the acceptance criteria in the 

combined license for Vogtle Electric 

Generating Plant Unit 4; 

(ii) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by a finding by the 

NRC that the acceptance criteria in the 

combined license are met; 

(iii) 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; 

(iv) 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. 

The request should state that the 

background check forms and fees 

required by Section D.(2) of this order 

have been submitted for these 

individuals. In addition, the request 

must contain 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: 

(A) 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; 25 and 

(B) 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. 

(2) If the request is for access to SGI, 

certain forms and fees shall be 

submitted as specified by Sections 

D.(2)(a) through D.(2)(e) of this order to 

support an NRC determination on 

trustworthiness and reliability. To 

initiate the background check, Form 

FD–258 (fingerprint card) and Form SF– 

85, ‘‘Questionnaire for Non-Sensitive 

Positions,’’ must be completed and 

submitted. The requestor should contact 

the NRC’s Office of Administration at 

(301) 415–3710 to request a package 

containing the Form FD–258 and to 

obtain access to Form SF–85. To obtain 

access to Form SF–85, each individual 

for whom a background check is being 

requested will be asked to provide the 

individual’s full legal name, social 

security number, date and place of birth, 

telephone number, and email address.26

Instructions for completing these two 

forms will be provided directly to the 

individual for whom the background 

check is being requested. 

(a) A completed Form SF–85 shall be 

submitted for each individual who 

would have access to SGI and who did 

not submit this form as part of the preclearance process announced at 85 FR 

75380. 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 C, 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 a 

secure website that is owned and 

operated by the investigative agency 

performing the background check. 

(b) A completed Form FD–258 

(fingerprint card), signed in original ink, 

shall be submitted in accordance with 

Section D.(2)(e) for each individual who 

would have access to SGI and who did 

not submit this form as part of the preclearance process announced at 85 FR 

75380. 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 a Federal Bureau of 

Investigation identification and criminal 

history records check. 

(c) A check or money order payable in 

the amount of $318.00 to the U.S. 

Nuclear Regulatory Commission shall be 

submitted in accordance with Section 

D.(2)(e) for each individual for whom 

the request for access is being submitted 

and who did not pay this fee as part of 

the pre-clearance process announced at 

85 FR 75380. 

(d) 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. 

This statement shall be submitted in 

accordance with Section D.(2)(e). While 

processing the request, the Office of 

Administration will make a final 

determination on 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, still apply. 


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27Any motion for protective order or draft nondisclosure affidavit or agreement for SUNSI must be 

filed with the single legal judge designated to rule 

on the request (or the Chief Administrative Judge 

if a single legal judge has not yet been designated) 

within 10 days after a positive access determination 

is made. If such motion is filed with the Chief 

Administrative Judge, the Chief Administrative 

Judge will designate a single legal judge to rule on 

the motion. 

28Any motion for protective order or draft nondisclosure affidavit or agreement for SGI must be 

filed with the single legal judge designated to rule 

on the request (or the Chief Administrative Judge 

if a single legal judge has not yet been designated) 

within 10 days after a positive access determination 

is made. If such a motion is filed with the Chief 

Administrative Judge, the Chief Administrative 

Judge will designate a single legal judge to rule on 

the motion. 

29The time period for a challenge under 10 CFR 

2.336(f)(1)(iii)(B) has been reduced from 10 days to 

7 days in order to expedite the proceeding and to 

be consistent with the 7-day period given in this 

order for interlocutory appeals of presiding officer 

determinations on access to SUNSI or SGI. 

30Requestors should note that appeals of NRC 

staff determinations and other filings must be made 

through the E-Filing system in accordance with the 

provisions set forth in this notice even though the 

initial SUNSI/SGI request submitted to the NRC 

staff under these procedures was made by other 

means. 

(e) Copies of documents and materials 

required by Sections D.(2)(b), (c), and 

(d) of this order must be sent to the 

following address by overnight mail: 

U.S. Nuclear Regulatory Commission, 

Office of Administration, Personnel 

Security Branch, ATTN: SGI 

Background Check Materials for ITAAC 

Hearing, Mail Stop TWFN 07–D04M, 

11555 Rockville Pike, Rockville, MD 

20852. 

These documents and materials 

should not be included with the request 

letter to the Office of the Secretary. 

E. 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. 

F. Based on an evaluation of the 

information submitted under Section 

D.(1), the NRC staff will determine 

within 10 days of receipt of the request 

whether: 

(1) There is a reasonable basis to 

believe the requestor 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 

established a need to know the SGI 

requested. 

G. For requests for access to SUNSI, 

if the NRC staff determines that the 

requestor satisfies both Sections F.(1) 

and F.(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 27 setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI. 

The approved protective order 

templates announced at 84 FR 3515 

should serve as a basis for case-specific 

protective orders, as appropriate. In 

addition, the NRC staff must also inform 

any person whose interest independent 

of the proceeding would be harmed by 

the release of the information. 

H. For requests for access to SGI, if 

the NRC staff determines that the 

requestor has satisfied both Sections 

F.(1) and F.(2), 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 are not limited to, the 

signing of a non-disclosure agreement or 

affidavit, or protective order 28 by each 

individual who will be granted access to 

SGI. The approved protective order 

templates announced at 84 FR 3515 

should serve as a basis for case-specific 

protective orders, as appropriate. 

I. 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. 

J. Filing of Contentions. Any 

contentions in this proceeding that are 

based upon the information received as 

a result of a request for SUNSI or SGI 

must be filed by the requestor no later 

than 20 days after the requestor receives 

access to that information. However, if 

more than 20 days remain between the 

date the petitioner receives access to the 

information and the deadline for filing 

the hearing request (as established in 

the notice of intended operation), the 

petitioner may file its SUNSI or SGI 

contentions by that later deadline. 

K. 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 a final adverse 

determination regarding the proposed 

recipient(s) trustworthiness and 

reliability for access to SGI, the Office 

of Administration, in accordance with 

10 CFR 2.336(f)(1)(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. A 

recipient’s challenge under 10 CFR 

2.336(f)(1)(iii)(B) to the completeness 

and accuracy of the records relied on by 

the Office of Administration in making 

its initial adverse trustworthiness and 

reliability determination must be 

submitted within 7 days of the 

recipient’s receipt of the records from 

the Office of Administration.29

(3) The requestor may challenge the 

NRC staff’s adverse determination with 

respect to access to SUNSI by filing a 

request for review within 5 days of 

receipt of that determination with the 

Chief Administrative Judge, who will 

designate a single legal judge (assisted 

as appropriate by technical advisors) to 

rule on the challenge.30 The NRC staff 

may respond to a request for review 

within 5 days of service of the request. 

(4) The requestor may challenge the 

NRC staff’s adverse determination on 

need to know or likelihood of 

establishing standing with respect to 

access to SGI by filing a request for 

review with the Chief Administrative 

Judge within 5 days of receipt of the 

adverse determination, and the NRC 

staff may file a response within 5 days 

of receipt of the request for review. The 

requestor may challenge the NRC Office 

of Administration’s adverse 

determination on trustworthiness and 

reliability for access to SGI by filing a 

request for review with the Chief 

Administrative Judge within 7 days of 

receipt of the adverse determination, 

and the NRC staff may file a response 

within 7 days of receipt of the request 


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31The time periods for filing requests for review 

(and responses thereto) under 10 CFR 2.336(f)(1)(iv) 

have been reduced to 7 days in order to expedite 

the proceeding and to be consistent with the 7-day 

period given in this order for interlocutory appeals 

(and answers thereto) of presiding officer 

determinations on access to SUNSI or SGI. Other 

than the time periods for filing, requests for review 

of final adverse determinations by the Office of 

Administration on trustworthiness and reliability 

(and NRC staff responses to requests for review) 

must comply with 10 CFR 2.336(f)(1)(iv). 

32An NRC staff determination to grant access to 

SGI may not be challenged. 

for review.31 The Chief Administrative 

Judge will assign a single legal judge 

(assisted as appropriate by technical 

advisors) to rule on the challenge. If the 

challenge relates to an adverse 

determination by the NRC Office of 

Administration on trustworthiness and 

reliability for access to SGI, then 

consistent with 10 CFR 2.336(f)(1)(iv), 

neither the single legal judge chosen to 

rule on the challenge nor any technical 

advisors supporting a ruling on the 

challenge can serve as the presiding 

officer for the ITAAC proceeding. 

(5) Appeals of presiding officer 

decisions on access to SUNSI or SGI 

must be made pursuant to the 

provisions of the ‘‘Order Imposing 

Additional Procedures for ITAAC 

Hearings Before a Commission Ruling 

on the Hearing Request’’ (Additional 

Procedures Order) that was issued with 

this notice. 

L. Review of Grants of Access. A 

person other than the requestor may file 

a request for review challenging an NRC 

staff determination granting access to 

SUNSI whose release would harm that 

person’s interest independent of the 

proceeding.32 Such a request for review 

must be filed with the Chief 

Administrative Judge within 5 days of 

the notification by the NRC staff of its 

grant of access, and the NRC staff may 

respond to a request for review within 

5 days of receiving it. The Chief 

Administrative Judge will designate a 

single legal judge (assisted as 

appropriate by technical advisors) to 

rule on the challenge. Appeals of 

presiding officer decisions on access to 

SUNSI must be made pursuant to the 

provisions of the Additional Procedures 

Order that was issued with this notice. 

M. The Commission expects that the 

NRC staff and the presiding officer 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 

requirements in this notice. Attachment 

2 to this order summarizes the target 

schedule for processing and resolving 

requests under these procedures. 

It is so ordered. 

Dated: January 27, 2022. 

For the Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

ATTACHMENT 2—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 intended operation, 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 

this 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. 

20 ........................................ Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination on 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 person 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 continues processing the background check (including fingerprinting for a criminal history records check), 

and begins 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 the requestor to file 

a request for review seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access 

determination with the Chief Administrative Judge. If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any person whose interest independent of the proceeding would be harmed by the release of the information to file a 

request for review seeking a ruling to reverse the NRC staff’s grant of access. 

30 ........................................ Deadline for NRC staff reply to requests for review of NRC staff determination(s). 

30 ........................................ (Receipt +20) 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. 

60 ........................................ Deadline for submitting a hearing request containing: (i) A demonstration of standing and (ii) all contentions whose 

formulation does not require access to SUNSI and/or SGI (+25 for answers to hearing request). 

Staff SGI Determination 

Date + 7.

Deadline for requestor to seek reversal of a final adverse NRC Office of Administration trustworthiness or reliability 

determination under 10 CFR 2.336(f)(1)(iv). 

Staff SGI Determination 

Date + 10 33.

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. 

A ......................................... If access granted: Issuance of presiding 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. 

Receipt of Access + 20 

days.

Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, 

if more than 20 days remain between the requestor’s access to the information and the deadline for filing the 

hearing request (as established in the notice of intended operation), the requestor may file its SUNSI or SGI 

contentions by that later deadline. 

Contention Receipt + 14 

days.

(Contention receipt + 14 days) Answers to contentions whose development depends upon access to SUNSI and/ 

or SGI. 


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33The completion time for access determinations 

may vary based on the information revealed during 

the background check (including a criminal history 

records check), and because some portion of the 

background check is usually conducted by agencies 

other than the NRC, the processing time may vary 

and is difficult to predict with any certainty. 

However, the NRC staff will make its utmost efforts 

to complete all activities associated with requests 

for access to SGI as soon as possible. 

ATTACHMENT 2—TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

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

Day Event/activity 

Filing of answers + 30 ........ Decision on contention admissibility. 

[FR Doc. 2022–01983 Filed 2–1–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 52–025 and 52–026; NRC– 

2008–0252] 

Southern Nuclear Operating Company, 

Inc.; Vogtle Electric Generating Plant, 

Units 3 and 4 Inspections, Tests, 

Analyses, and Acceptance Criteria 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Determination of the successful 

completion of inspections, tests, and 

analyses. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) staff has determined 

that specified inspections, tests, and 

analyses have been successfully 

completed, and that specified 

acceptance criteria are met for the 

Vogtle Electric Generating Plant (VEGP), 

Units 3 and 4. 

DATES: Determinations of the successful 

completion of inspections, tests, and 

analyses for VEGP Units 3 and 4 are 

effective on the dates indicated in the 

NRC staff’s verification evaluation forms 

for the inspections, tests, analyses, and 

acceptance criteria (ITAAC). 

ADDRESSES: Please refer to Docket ID 

NRC–2008–0252 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2008–0252. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• 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, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced in this document (if that 

document is available in ADAMS) is 

provided the first time that a document 

is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Cayetano Santos, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

7270, email: Cayetano.Santos@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Licensee Notification of Completion 

of ITAAC 

Southern Nuclear Operating 

Company, Inc. Georgia Power Company, 

Oglethorpe Power Corporation, MEAG 

Power SPVM, LLC., MEAG Power SPVJ, 

LLC., MEAG Power SPVP, LLC., and the 

City of Dalton, Georgia, (hereafter called 

SNC or the licensee) has submitted 

ITAAC closure notifications (ICNs) 

under section 52.99(c)(1) of title 10 of 

the Code of Federal Regulations (10 

CFR), informing the NRC that the 

licensee has successfully performed the 

required inspections, tests, and 

analyses, and that the acceptance 

criteria are met for: 

VEGP Unit 3 ITAAC 

2.1.01.04 (4), 2.1.02.08b (30), 

2.1.02.09a (41), 2.1.02.09b.ii (43),, 

2.1.02.11a.ii (47), 2.1.02.12a.iv (56), 

2.1.02.15 (67), 2.1.03.07.i (78), 

2.2.01.02a (91), 2.2.01.07.ii (108), 

2.2.01.08 (109), 2.2.01.11a.iii (116), 

2.2.01.11b (118), 2.2.02.01 (119), 

2.2.02.02a (120), 2.2.02.11a.i (154), 

2.2.03.01 (158), 2.2.03.08b.01 (175), 

2.2.03.08c.vii (192), 2.2.03.08c.viii 

(193), 2.2.03.08c.ix (194), 2.2.03.12a.i 

(214), 2.2.04.02a (220), 2.2.04.12a.i 

(248), 2.3.02.02a (285), 2.3.02.05.i (291), 

2.3.03.03c (322), 2.3.03.04 (324), 

2.3.06.05a.i (361), 2.3.06.09b.ii (375), 

2.3.07.02a (392), 2.3.07.07c (408), 

2.3.10.05a.i (437), 2.3.13.02 (459), 

2.3.13.05.i (462), 2.5.01.03e (515), 

2.5.05.02.i (565), 2.5.05.03b (570), 

2.5.05.04 (572), 2.6.06.01.i (637), 

2.6.09.05a (644), C.2.6.09.03a (660), 

C.2.6.09.03b (661), C.2.6.09.09 (670), 

2.7.04.03 (716), 3.3.00.01 (759), 

3.3.00.02a.i.c (762), 3.3.00.02a.i.d (763), 

3.3.00.07d.iv.a (806), 3.3.00.07d.iv.b 

(807), 3.3.00.07d.iv.c (808), 

3.3.00.07d.v.a (809), 3.3.00.07d.v.b 

(810), 3.3.00.07d.v.c (811), 3.3.00.10.i 

(815), 3.3.00.10.ii (816), and 

E.3.9.06.00.04 (862). 

VEGP Unit 4 ITAAC 

2.2.03.08c.xii (197), 2.5.05.02.i (565) 

and 2.5.05.03b (570). 

The ITAAC for VEGP Unit 3 are in 

Appendix C of the VEGP Unit 3 

combined license (ADAMS Accession 

No. ML14100A106). The ITAAC for 

VEGP Unit 4 are in Appendix C of VEGP 

Unit 4 combined license (ADAMS 

Accession No. ML14100A135). 

II. Licensee ITAAC Post-Closure 

Notifications (IPCNs) 

SNC has submitted an ITAAC IPCN 

under 10 CFR 52.99(c)(2), informing the 

NRC of new information that materially 

alters the basis for determining either 

that inspections, tests, or analyses was 

performed as required, or that 

acceptance criteria is met for: 

VEGP Unit 3 ITAAC 

2.5.02.07a (534). 

VEGP Unit 4 ITAAC 

Since the last Federal Register notice 

of the NRC staff’s determinations of 

successful completion of inspections, 

tests, and analyses (86 FR 50381; 


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