Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 7503 

rule would require all federal credit 

unions (FCUs) to establish a succession 

plan and to review and update this plan 

annually. A one-time recordkeeping 

burden would apply to all FCUs with 

the promulgation of this rule, with 

additional information collection 

burden associated with the maintaining 

and retaining this record. 

Request for Comments: The NCUA 

invites comments on: (a) Whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and cost of operation, 

maintenance, and purchase of services 

to provide information. 

All comments are a matter of public 

records. Interested persons are invited 

to submit written comments to (1) 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting the Agency 

under ‘‘Currently under Review’’ and to 

(2) Dawn Wolfgang, National Credit 

Union Administration, 1775 Duke 

Street, Suite 6032, Alexandria, Virginia 

22314; Fax No. 703–519–8579; or email 

at PRAComments@ncua.gov. Given the 

limited in-house staff because of the 

COVID–19 pandemic, email comments 

are preferred. 

By Melane Conyers-Ausbrooks, Secretary 

of the Board, the National Credit Union 

Administration, on February 3, 2022. 

Dated: February 4, 2022. 

Dawn D. Wolfgang, 

NCUA PRA Clearance Officer. 

[FR Doc. 2022–02672 Filed 2–8–22; 8:45 am] 

BILLING CODE 7535–01–P 

NATIONAL SCIENCE FOUNDATION 

Sunshine Act Meetings 

The National Science Board’s 

Committee on Strategy’s Subcommittee 

on Technology, Innovation and 

Partnerships hereby gives notice of the 

scheduling of a teleconference for the 

transaction of National Science Board 

business pursuant to the NSF Act and 

the Government in the Sunshine Act. 

TIME AND DATE: Friday, February 11, 

2022, from 11:00 a.m.–12:00 p.m. EST. 

PLACE: This meeting will be held by 

teleconference through the National 

Science Foundation, 2415 Eisenhower 

Avenue, Alexandria, VA 22314. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: The agenda 

is: Subcommittee Chair’s Opening 

Remarks; Approval of Minutes from 

November 22, 2021, Meeting; Update on 

Regional Innovation Engines and TIP 

Programmatic Plans Beyond the 

Regional Innovation Engines. 

CONTACT PERSON FOR MORE INFORMATION: 

Point of contact for this meeting is: 

Chris Blair, cblair@nsf.gov, 703/292– 

7000. Meeting information and updates 

may be found at www.nsf.gov/nsb. 

Chris Blair, 

Executive Assistant to the National Science 

Board Office. 

[FR Doc. 2022–02776 Filed 2–7–22; 11:15 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2022–0001] 

Sunshine Act Meetings 

TIME AND DATE: Week of February 14, 

2022. 

PLACE: Via Teleconference. Due to 

COVID–19, there will be no physical 

public attendance. The public is invited 

to attend the Commission’s meeting 

live; via teleconference. Details for 

joining the teleconference in listen only 

mode at https://www.nrc.gov/pmns/mtg. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: 

Week of February 14, 2022 

Monday, February 14, 2022 

11:30 a.m. Affirmation Session (Public 

Meeting) (Tentative) Hearing 

Requests in Exelon Multiple 

Indirect License Transfers 

(Tentative) (Contact: Wesley Held: 

301–287–3591) 

CONTACT PERSON FOR MORE INFORMATION: 

For more information or to verify the 

status of meetings, contact Wesley Held 

at 301–287–3591 or via email at 

Wesley.Held@nrc.gov. The schedule for 

Commission meetings is subject to 

change on short notice. 

The NRC Commission Meeting 

Schedule can be found on the internet 

at: https://www.nrc.gov/public-involve/ 

public-meetings/schedule.html. 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify Anne 

Silk, NRC Disability Program Specialist, 

at 301–287–0745, by videophone at 

240–428–3217, or by email at 

Anne.Silk@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

Members of the public may request to 

receive this information electronically. 

If you would like to be added to the 

distribution, please contact the Nuclear 

Regulatory Commission, Office of the 

Secretary, Washington, DC 20555, at 

301–415–1969, or by email at 

Tyesha.Bush@nrc.gov or Betty.Thweatt@

nrc.gov. 

The NRC is holding the meetings 

under the authority of the Government 

in the Sunshine Act, 5 U.S.C. 552b. 

Dated: February 7, 2022. 

For the Nuclear Regulatory Commission. 

Wesley W. Held, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2022–02909 Filed 2–7–22; 4:15 pm] 

BILLING CODE 7590–01–P 

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. 

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 


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7504 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 

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: 

• 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: 

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. 

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: Benjamin.Beasley@nrc.gov. 

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 fluoridesalt 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/doccollections/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 


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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 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/esubmittals.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 

Hearing.Docket@nrc.gov, 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/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 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 NRCissued 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 


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7506 Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 

1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

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

the initial request to access SUNSI under these 

procedures should be submitted as described in this 

paragraph. 

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

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

3Requestors 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. 

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 NonSafeguards Information for Contention 

Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing SUNSI. 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI is necessary to respond to this 

notice may request 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 

Hearing.Docket@nrc.gov and 

RidsOgcMailCenter.Resource@nrc.gov, 

respectively.1 The request must include 

the following information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); and 

(3) The identity of the individual or 

entity requesting access to SUNSI and 

the 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. 

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

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 


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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices 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 

OFFICE OF PERSONNEL 

MANAGEMENT 

Excepted Service 

AGENCY: Office of Personnel 

Management (OPM). 

ACTION: Notice. 

SUMMARY: This notice identifies 

Schedule A, B, and C appointing 

authorities applicable to a single agency 

that were established or revoked from 

September 1, 2021 to September 30, 

2021. 

FOR FURTHER INFORMATION CONTACT: Julia 

Alford, Senior Executive Resources 

Services, Senior Executive Services and 

Performance Management, Employee 

Services, 202–606–2246. 

SUPPLEMENTARY INFORMATION: In 

accordance with 5 CFR 213.103, 

Schedule A, B, and C appointing 

authorities available for use by all 

agencies are codified in the Code of 

Federal Regulations (CFR). Schedule A, 

B, and C appointing authorities 

applicable to a single agency are not 

codified in the CFR, but the Office of 

Personnel Management (OPM) 

publishes a notice of agency-specific 

authorities established or revoked each 

month in the Federal Register at 

www.gpo.gov/fdsys/. OPM also 

publishes an annual notice of the 

consolidated listing of all Schedule A, 

B, and C appointing authorities, current 

as of June 30, in the Federal Register. 

Schedule A 

No Schedule A Authorities to report 

during September 2021. 

Schedule B 

No Schedule B Authorities to report 

during September 2021. 

Schedule C 

The following Schedule C appointing 

authorities were approved during 

September 2021. 

Agency name Organization name Position title Authorization 

No. Effective date 

DEPARTMENT OF AGRICULTURE Office of the Secretary ...................

Agricultural Marketing Service .......

Senior Advisor ................................

Senior Advisor for Organics and 

Emerging Markets.

DA210151 

10150 

09/08/2021 

09/16/2021 

Farm Service Agency ..................... State Executive Director—Georgia DA210143 09/16/2021 

State Executive Director—Michigan DA210153 09/16/2021 


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