[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7503-7507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02671]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-7513; NRC-2022-0033]


Kairos Power, LLC

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is providing 
notice that an uncontested hearing will be held on the Kairos Power, 
LLC (Kairos) construction permit application that proposes the 
construction of a test reactor, identified as Hermes, in Oak Ridge, 
Tennessee, at a time and place to be set in the future by the 
Commission or designated by the Atomic Safety and Licensing Board. This 
notice provides the public an opportunity to request a hearing and 
petition for leave to intervene (i.e., contested hearing) with respect 
to that application. The NRC staff is currently conducting a detailed 
technical review of the construction permit application. If the NRC 
issues a construction permit, the applicant, Kairos, would be 
authorized to

[[Page 7504]]

construct its proposed test reactor in accordance with the provisions 
of the construction permit. Because the application contains sensitive 
unclassified non-safeguards information (SUNSI), this notice includes 
an order that imposes procedures to obtain access to SUNSI for 
contention preparation.

DATES: A request for a hearing or petitions for leave to intervene must 
be filed by April 11, 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 SUNSI is necessary to respond to this notice must 
request document access by February 22, 2022.

ADDRESSES: Please refer to Docket ID NRC-2022-0033 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly available information related to this action by any of 
the following methods:
    <bullet> Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0033. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#15466174766c3b46767d6078747b7b557b67763b727a63"><span class="__cf_email__" data-cfemail="04577065677d2a57676c7169656a6a446a76672a636b72">[email protected]</span></a>. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#f3a3b7a1dda196809c86819096b39d8190dd949c85"><span class="__cf_email__" data-cfemail="441400166a1621372b31362721042a36276a232b32">[email protected]</span></a>. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
    <bullet> NRC's PDR: 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 
<a href="/cdn-cgi/l/email-protection#ce9e8a9ce09cabbda1bbbcadab8ea0bcade0a9a1b8"><span class="__cf_email__" data-cfemail="e3b3a7b1cdb186908c96918086a38d9180cd848c95">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Benjamin Beasley, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2062, email: <a href="/cdn-cgi/l/email-protection#ecae8982868d818582c2ae898d9f808995ac829e8fc28b839a"><span class="__cf_email__" data-cfemail="3173545f5b505c585f1f735450425d5448715f43521f565e47">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letters dated September 29, 2021 (ADAMS Package Accession No. 
ML21272A375), and October 31, 2021 (ADAMS Package Accession No. 
ML21306A131), Kairos submitted, pursuant to 10 CFR part 50, ``Domestic 
Licensing of Production and Utilization Facilities,'' a construction 
permit application that proposed to construct a test reactor (a 
``testing facility'' as defined in 10 CFR 50.2). A notice of receipt 
and availability of the first portion of Kairos's two-part application 
was published in the Federal Register on October 29, 2021 (86 FR 
60077). The NRC staff determined that Kairos submitted a two-part 
application in accordance with 10 CFR 2.101(a)(5), and a notice of the 
acceptability of docketing of both portions of Kairos's application was 
published in the Federal Register on December 1, 2021 (86 FR 68290). 
The docket number established for this application is 50-7513.
    The NRC is considering issuance of a construction permit to Kairos 
that would authorize construction of the proposed test reactor, 
identified as Hermes, to be located in Oak Ridge, Tennessee. Hermes 
would be a fluoride-salt cooled, high-temperature reactor that uses 
solid tri-structural isotropic fuel in pebble form.

II. Hearing

    Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part 
2, ``Agency Rules of Practice and Procedure,'' and part 50, notice is 
hereby given that an uncontested (i.e., mandatory) hearing will be 
held, at a time and place to be set in the future by the Commission or 
designated by the Atomic Safety and Licensing Board (Board).
    The hearing on the application for a construction permit filed by 
Kairos pursuant to 10 CFR part 50 will be conducted by a Board that 
will be designated by the Chief Judge of the Atomic Safety and 
Licensing Board Panel or will be conducted by the Commission. If the 
hearing is conducted by a Board, notice as to the membership of the 
Board will be published in the Federal Register at a later date. The 
NRC staff will complete a detailed technical review of the application 
and will document its findings in a safety evaluation report. The 
Commission will refer a copy of the application to the Advisory 
Committee on Reactor Safeguards (ACRS) in accordance with 10 CFR 50.58, 
``Hearings and Report of the Advisory Committee on Reactor 
Safeguards,'' and the ACRS will report on those portions of the 
application that concern safety. The NRC staff will also complete an 
environmental review of the application and will document its findings 
in an environmental impact statement in accordance with the National 
Environmental Policy Act of 1969, as amended, and the Commission's 
regulations in 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions.''

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

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. The NRC's regulations are accessible electronically from the NRC 
Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. If a petition is filed, the presiding officer will 
rule on the petition and, if appropriate, a notice of a hearing will be 
issued.
    As required by 10 CFR 2.309(d), the petition should specifically 
explain the reasons why the intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right to be made a party 
to the proceeding; (3) the nature and extent of the petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be issued in the 
proceeding on the petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions that the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinions that support the contention and on which the petitioner 
intends to rely at hearing. The petitioner must also provide references 
to the specific sources and documents on which the petitioner intends 
to rely to support its position on the issue. The petition must

[[Page 7505]]

include sufficient information to show that a genuine dispute exists 
with the applicant on a material issue of law or fact. Contentions must 
be limited to matters within the scope of the proceeding. Each 
contention must be one that, if proven, would entitle the petitioner to 
relief. A petitioner who fails to satisfy the requirements at 10 CFR 
2.309(f) with respect to at least one contention will not be permitted 
to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the 60-day deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h)(1) no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document and 
should meet the requirements for petitions set forth in this section, 
except that under 10 CFR 2.309(h)(2) a State, local governmental body, 
or Federally recognized Indian Tribe, or agency thereof does not need 
to address the standing requirements in 10 CFR 2.309(d) if the facility 
is located within its boundaries. Alternatively, a State, local 
governmental body, Federally recognized Indian Tribe, or agency thereof 
may participate as a non-party under 10 CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 and on the NRC website at https://www.nrc.gov/about-nrc/regulatory/adjudicatory.html and https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
internet, or in some cases, to mail copies on electronic storage media, 
unless an exemption permitting an alternative filing method, as 
discussed below, is granted. Detailed guidance on electronic 
submissions is located in the Guidance for Electronic Submissions to 
the NRC (ADAMS Accession No. ML13031A056) and on the NRC website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#3b735e5a4952555c157f5458505e4f7b554958155c544d"><span class="__cf_email__" data-cfemail="420a2723302b2c256c062d21292736022c30216c252d34">[email protected]</span></a>, or by 
telephone at 301-415-1677, to: (1) Request a digital identification 
(ID) certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. (ET) on the due date. Upon receipt of a 
transmission, the E-Filing system timestamps the document and sends the 
submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's Office of the General Counsel and any others who have 
advised the Office of the Secretary that they wish to participate in 
the proceeding, so that the filer need not serve the document on those 
participants separately. Therefore, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to <a href="/cdn-cgi/l/email-protection#68253b202c463a0d1b071d1a0b0d28061a0b460f071e"><span class="__cf_email__" data-cfemail="b5f8e6fdf19be7d0c6dac0c7d6d0f5dbc7d69bd2dac3">[email protected]</span></a>, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m. 
and 6 p.m., (ET), Monday through Friday, excluding government holidays.
    Participants who believe that they have good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of 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 personal phone 
numbers in their filings unless an NRC regulation or other law

[[Page 7506]]

requires submission of such information. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
participants should not include copyrighted materials in their 
submission.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing SUNSI.
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request access to SUNSI. A ``potential party'' is any person who 
intends to participate as a party by demonstrating standing and filing 
an admissible contention under 10 CFR 2.309. Requests for access to 
SUNSI submitted later than 10 days after publication of this notice 
will not be considered absent a showing of good cause for the late 
filing, addressing why the request could not have been filed earlier.
    C. The requestor shall submit a letter requesting permission to 
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff, and provide a copy to the Deputy General Counsel 
for Licensing, Hearings, and Enforcement, Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
The expedited delivery or courier mail address for both offices is: 
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, 
Maryland 20852. The email address for the Office of the Secretary and 
the Office of the General Counsel are <a href="/cdn-cgi/l/email-protection#87cfe2e6f5eee9e0a9c3e8e4ece2f3c7e9f5e4a9e0e8f1"><span class="__cf_email__" data-cfemail="0e466b6f7c676069204a616d656b7a4e607c6d20696178">[email protected]</span></a> and 
<a href="/cdn-cgi/l/email-protection#34665d50477b535779555d5877515a4051461a6651475b41465751745a46571a535b42"><span class="__cf_email__" data-cfemail="60320904132f07032d01090c23050e1405124e3205130f15120305200e12034e070f16">[email protected]</span></a>, respectively.\1\ The request must 
include the following information:
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    \1\ While a request for hearing or petition to intervene in this 
proceeding must comply with the filing requirements of the NRC's 
``E-Filing Rule,'' the initial request to access SUNSI under these 
procedures should be submitted as described in this paragraph.
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    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1); and
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requestor's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention.
    D. Based on an evaluation of the information submitted under 
paragraph C.(3), the NRC staff will determine within 10 days of receipt 
of the request whether:
    (1) There is a reasonable basis to believe the petitioner is likely 
to establish standing to participate in this NRC proceeding; and
    (2) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2), the NRC staff will notify the requestor in writing 
that access to SUNSI has been granted. The written notification will 
contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
to those documents. These conditions may include, but are not limited 
to, the signing of a Non-Disclosure Agreement or Affidavit, or 
Protective Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
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    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
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    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
receipt of (or access to) that information. However, if more than 25 
days remain between the petitioner's receipt of (or access to) the 
information and the deadline for filing all other contentions (as 
established in the notice of hearing or opportunity for hearing), the 
petitioner may file its SUNSI contentions by that later deadline.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing and requisite need, the NRC staff 
shall immediately notify the requestor in writing, briefly stating the 
reason or reasons for the denial.
    (2) The requestor may challenge the NRC staff's adverse 
determination by filing a challenge within 5 days of receipt of that 
determination with: (a) The presiding officer designated in this 
proceeding; (b) if no presiding officer has been appointed, the Chief 
Administrative Judge, or if he or she is unavailable, another 
administrative judge, or an Administrative Law Judge with jurisdiction 
pursuant to 10 CFR 2.318(a) if another officer has been designated to 
rule on information access issues, with that officer.
    (3) Further appeals of decisions under this paragraph must be made 
pursuant to 10 CFR 2.311.
    H. Review of Grants of Access. A party other than the requestor may 
challenge an NRC staff determination granting access to SUNSI whose 
release would harm that party's interest independent of the proceeding. 
Such a challenge must be filed within 5 days of the notification by the 
NRC staff of its grant of access and must be filed with: (a) The 
presiding officer designated in this proceeding; (b) if no presiding 
officer has been appointed, the Chief Administrative Judge, or if he or 
she is unavailable, another administrative judge, or an Administrative 
Law Judge with jurisdiction pursuant to 10 CFR 2.318(a) if another 
officer has been designated to rule on information access issues, with 
that officer.
    If challenges to the NRC staff determinations are filed, these 
procedures give way to the normal process for litigating disputes 
concerning access to information. The availability of interlocutory 
review by the Commission of orders ruling on such NRC staff 
determinations (whether granting or denying access) is governed by 10 
CFR 2.311.\3\
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    \3\ Requestors should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 
FR 46562; August 3, 2012) apply to appeals of NRC staff 
determinations (because they must be served on a presiding officer 
or the Commission, as applicable), but not to the initial SUNSI 
request submitted to the NRC staff under these procedures.
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    I. The Commission expects that the NRC staff and presiding officers 
(and any other reviewing officers) will consider and resolve requests 
for access to SUNSI, and motions for protective orders, in a timely 
fashion in order to minimize any unnecessary delays in identifying 
those petitioners who have standing and who have propounded contentions 
meeting the specificity and basis requirements in 10 CFR part 2. The 
attachment to this Order summarizes the general target schedule

[[Page 7507]]

for processing and resolving requests under these procedures.
    It is so ordered.

    Dated: February 4, 2022.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

   Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
                           in This Proceeding
------------------------------------------------------------------------
           Day                             Event/activity
------------------------------------------------------------------------
0........................  Publication of Federal Register notice of
                            hearing and opportunity to petition for
                            leave to intervene, including order with
                            instructions for access requests.
10.......................  Deadline for submitting requests for access
                            to Sensitive Unclassified Non-Safeguards
                            Information (SUNSI) with information:
                            Supporting the standing of a potential party
                            identified by name and address; describing
                            the need for the information in order for
                            the potential party to participate
                            meaningfully in an adjudicatory proceeding.
60.......................  Deadline for submitting petition for
                            intervention containing: (i) Demonstration
                            of standing; and (ii) all contentions whose
                            formulation does not require access to SUNSI
                            (+25 Answers to petition for intervention;
                            +7 petitioner/requestor reply).
20.......................  U.S. Nuclear Regulatory Commission (NRC)
                            staff informs the requestor of the staff's
                            determination whether the request for access
                            provides a reasonable basis to believe
                            standing can be established and shows need
                            for SUNSI. (NRC staff also informs any party
                            to the proceeding whose interest independent
                            of the proceeding would be harmed by the
                            release of the information.) If NRC staff
                            makes the finding of need for SUNSI and
                            likelihood of standing, NRC staff begins
                            document processing (preparation of
                            redactions or review of redacted documents).
25.......................  If NRC staff finds no ``need'' or no
                            likelihood of standing, the deadline for
                            petitioner/requestor to file a motion
                            seeking a ruling to reverse the NRC staff's
                            denial of access; NRC staff files copy of
                            access determination with the presiding
                            officer (or Chief Administrative Judge or
                            other designated officer, as appropriate).
                            If NRC staff finds ``need'' for SUNSI, the
                            deadline for any party to the proceeding
                            whose interest independent of the proceeding
                            would be harmed by the release of the
                            information to file a motion seeking a
                            ruling to reverse the NRC staff's grant of
                            access.
30.......................  Deadline for NRC staff reply to motions to
                            reverse NRC staff determination(s).
40.......................  (Receipt +30) If NRC staff finds standing and
                            need for SUNSI, deadline for NRC staff to
                            complete information processing and file
                            motion for Protective Order and draft Non-
                            Disclosure Affidavit. Deadline for applicant/
                            licensee to file Non-Disclosure Agreement
                            for SUNSI.
A........................  If access granted: Issuance of presiding
                            officer or other designated officer decision
                            on motion for protective order for access to
                            sensitive information (including schedule
                            for providing access and submission of
                            contentions) or decision reversing a final
                            adverse determination by the NRC staff.
A + 3....................  Deadline for filing executed Non-Disclosure
                            Affidavits. Access provided to SUNSI
                            consistent with decision issuing the
                            protective order.
A + 28...................  Deadline for submission of contentions whose
                            development depends upon access to SUNSI.
                            However, if more than 25 days remain between
                            the petitioner's receipt of (or access to)
                            the information and the deadline for filing
                            all other contentions (as established in the
                            notice of opportunity to request a hearing
                            and petition for leave to intervene), the
                            petitioner may file its SUNSI contentions by
                            that later deadline.
A + 53...................  (Contention receipt +25) Answers to
                            contentions whose development depends upon
                            access to SUNSI.
A + 60...................  (Answer receipt +7) Petitioner/Intervenor
                            reply to answers.
>A + 60..................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2022-02671 Filed 2-8-22; 8:45 am]
BILLING CODE 7590-01-P


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